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201400872
<br /> the Property; (2) use,operate or manage the Property;and (3) collect the Rents from the Property.
<br /> Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs,
<br /> replacements,and maintenance necessary to preserve its value.
<br /> Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of
<br /> Trustor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal,
<br /> release or threatened release of any Hazardous Substance by any person on, under, about or from the Property other
<br /> than in accordance with all Environmental laws; (2) Trustor has no knowledge of, or reason to believe that there has
<br /> been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any
<br /> Environmental Laws, or (b) any actual or threatened litigation or claims of any kind by any person relating to such
<br /> matters; and (3) any use, generation, manufacture, storage, treatment disposal or release any Hazardous Substance
<br /> on, under, about or from the Property shall be conducted in compliance with all applicable federal,state, and local laws,
<br /> regulations and ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and its agents
<br /> to enter upon the Property to make such inspections and tests,at Trustor's expense,as Lender may deem appropriate to
<br /> determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender
<br /> shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender
<br /> to Trustor or to any other person. The representations and warranties contained herein are based on Trustor's due
<br /> diligence in investigating the Property for Hazardous Substances. Trustor hereby (1) releases and waives any future
<br /> claims against Lender for indemnity or contribution in the event Trustor becomes liable for cleanup or other costs under
<br /> any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses,
<br /> liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a
<br /> breach of this section of the Deed of Trust or as a consequence of any use,generation, manufacture,storage,disposal,
<br /> release or threatened release occurring prior to Trustor's ownership or interest in the Property,whether or not the same
<br /> was or should have been known to Trustor. The provisions of this section of the Deed of Trust,including the obligation to
<br /> indemnify and defend,shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of
<br /> this Deed of Trust and shall not be affected by Lender's acquisition of any interest in the Property,whether by foreclosure
<br /> or otherwise.
<br /> Nuisance,Waste. Trustor shall not cause,conduct or permit any nuisance nor commit,permit,or suffer any stripping of
<br /> or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing,Trustor will
<br /> not remove,or grant to any other party the right to remove,any timber,minerals(including oil and gas),coal,clay,scoria,
<br /> soil,gravel or rock products without Lender's prior written consent.
<br /> Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without
<br /> Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Trustor to make
<br /> arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value.
<br /> Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all
<br /> reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Trustor's compliance
<br /> with the terms and conditions of this Deed of Trust.
<br /> Compliance with Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, and
<br /> regulations, now or hereafter in effect,of all governmental authorities applicable to the use or occupancy of the Property,
<br /> inctuding without limitation, the Americans With Disabilities Act. Trustor may contest in good faith any such law,
<br /> ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as
<br /> Trustor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the
<br /> Property are not jeopardized. Lender may require Trustor to post adequate security or a surety bond, reasonably
<br /> satisfactory to Lender,to protect Lender's interest.
<br /> Duty to Protect. Trustor agrees neither to abandon or leave unattended the Property. Trustor shall do all other acts, in
<br /> addition to those acts set forth above in this section, which from the character and use of the Property are reasonably
<br /> necessary to protect and preserve the Property.
<br /> TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are paR of this Deed of Trust:
<br /> Payment. Trustor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments,
<br /> charges (including water and sewer), fines and impositions levied against or on account of the Property, and shall pay
<br /> when due all claims for work done on or for services rendered or material furnished to the Property. Trustor shall
<br /> maintain the Property free of all liens having priority over or equal to the interest of Lender under this Deed of Trust,
<br /> except for the lien of taxes and assessments not due and except as otherwise provided in this Deed of Trust.
<br /> Right to Contest. Trustor may withhold payment of any tax, assessment, or claim in connection with a good faith
<br /> dispute over the obligation to pay,so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed
<br /> as a result of nonpayment,Trustor shall within fifteen (15)days after the lien arises or, if a lien is filed,within fifteen (15)
<br /> days after Trustor has notice of the filing,secure the discharge of the lien, or if requested by Lender,deposit with Lender
<br /> cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the
<br /> lien plus any costs and attorneys'fees, or other charges that could accrue as a result of a foreclosure or sale under the
<br /> lien. In any contest, Trustor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement
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<br /> Deed of Trust
<br /> 2013-260
<br /> WA 4801782.1
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