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��14�1�74
<br /> l]�ED �F TRUST
<br /> �C�ntinued� Page 2
<br /> EACH QF TRUSTDR'S AGREEII�lENTS AND QBLIGAT[ONS UNDER THE CREDIT AGREEI'VIENT, THE RELATED
<br /> D�CUMENTS, AND TH15 DEED QF TRUST. TH�S DEED �F TRUST !S G1VEN AND AC�EPTED aN THE FOLLaVIJ1NG
<br /> TERNIS:
<br /> PAYMENT AN D PERF�RMAN�E. Except as otherwise pro�ided �n th�s Deed of Trust, Trus�vr shall pay to Lender a�!
<br /> amounts secured by �his Deed of Trust as they became due, and sha11 stric#ly and in a timely manne� perFarm all of
<br /> Trustor's❑bligations under�he��-edi#Agreement,this De�d of Trust, and the Refated ❑ocuments. _
<br /> P45SESSI�N AND MAINTENANCE �F THE PRUPERTY. Trustor agrees �hat Trustor's p�55�S51�C1 and use of the
<br /> Propet�y shall be go�erned by the fa�fowing pro�isions:
<br /> Possess�on and �s�. Until the occurrence o� an Euen# of Default, Trus�or may ('�} remain in possession and
<br /> con#rol of the Pr�per�y; ��} use,vperate or manage the Property;and (3} �ollect fhe Ren�s from#he Property.
<br /> Duty to �Illaintain. Trustor shal[ main�ain �he Pr�per#y in good conditian and pramptly p�rform al� repairs,
<br /> replacements,and maintenance necessary to preserve its value.
<br /> Cvmplian�e Vll�th Enrrironm�ntal Laws. Trustor represents and warran#s�o Lender tha#: �13 ❑uring the pe��od af
<br /> T�-ustQr's ownership of�he Property, the�e has been nv use,g�nera#ian, manufacture, storage,treatment,dispasaf,
<br /> release or threa#ened release a�any Hazardaus Substance by any person on, under, about or from the Property;
<br /> � {�} T�-us#or has no knowledge of, or reason to belie�e that there has been, except as pr��iously disclosed to and
<br /> acknowledged by Lender in vWriting, �a} any breach or �iolation of any En�iranmental Laws, (b} any us�,
<br /> generation, manufacture, storage, treatment, disposal, release or threatened release of any Haza�-dous Substan��
<br /> on, under, about �r fram �he Property by any prior owners o� ❑ccupants of the Property, or �c} any actual ar
<br /> threatened litigation or cla�ms of any kind by any person relating ta such ma�ters; and �3} Except as pre�iously
<br /> disclosed tv and acknowledged by Lender in wri�ing, ta} neither Trus�or nor any#enan�, contractor,agent ar other
<br /> . au�horized user nf the Praperty sha�l use, genera�e, manufacture, store,treat, dispose of or release any Hazardaus
<br /> Subs�ance an, under, ahout or from the Prvperty;and tb} any such acti�ity shail be conduc�ed in comp�iance with
<br /> a�i applicable federal, state, and focal 1aws, regula�ions and ordinances, including without limitatian alt
<br /> En�ironmen�ai Laws. Trustor authorizes Lender and its agents �o en�er upon the Property to make 5L1Ch
<br /> inspec�ions and tes�s, at Trustor's expense, as Lender may deem appropriate tv determine campiiance of the
<br /> PrQperky wi�h this se�tion of the Deed a�Trust. Any inspec#ians or tes�s made by Lender shal� b�fvr Lender's
<br /> pu�poses on�y and shall not be canstrued tv create any responsibility or liability on the par�of Lender to Trustar or
<br /> to any other person. The representa��ons and warranties contained herein are based on Trustor's due d�ligence in
<br /> in�es�igating the Proper#y for Hazardous Subs�ances. Trustvr hereby �'#} releases and wai�es any future c[aims
<br /> against Lende�r for indemnity ar contribution in #he event Trustor bec�mes liable fior cleanup or other costs under
<br /> any such laws; and ��} agrees�v ind�mni#y, defend, and hc�[d harm[ess L.ender against any and all claims, losses,
<br /> 1�abi[ities, damages, penal#ies, and expens�s wh�ch Lender may directly or indir��tly sustain or suffer resul�ing from
<br /> a breach vf this sec�ion vf the Deed afi Trus� or as a consequence o�any use, generation, manu�acfure, storage,
<br /> disposal, re[ease or threa�ened release�ccurring prior to Trustor'�own�rship or interest in the Propet�y,whether❑r
<br /> no� the same was or should ha�e been known t� Trustar. The pr��isians of this sectian o�the ❑eed o�Trust,
<br /> including th�obliga�i�n to indemnify and d�fend, shall survi�e�he paymenfi a�'the lndebtedness and the satisfact�on
<br /> and recon�eyance�f the lien of#his Deed af Trust and shall no�be affected by Lender's a�quisitian af any interest
<br /> in#he Property,whether by fvreclosure or othenn�ise.
<br /> Nuisanc�, 1Nas�e. Trustor shal� no� cause, conduct ar permi# any nuisance nor cvmmit, permit, or suffer any
<br /> stripping of ar waste on or ta the Praperty or any portian vf the Property. Wi�h�ut lim�ting the generality of the
<br /> foregaing, Trustor wil! no�remo�e, or gran�to any o�her party�he r�ght�o remo�e, any timber, minerals �including
<br /> ❑il and gas}, coal,clay, scoria, sai[,gra�e!❑r rock praducts without Lender's prior wr�t�en consent.
<br /> Remo�al af Impro�ements. Trustor sha�l not demolish or remo�e any lmpra�ements from the R�al Property wi�hou�
<br /> Lender's pr�or written �ansent. As a condition to the remo�al of any Impra�ements, Lender may requ�re Trustor�a
<br /> make arrangements sa#isfactory tv Lender �o repla�e such Impra�emen�s with lmpro�ements of at least equal
<br /> �alue.
<br /> Lender`s�Right to En#er. Lender and Lender's agents and representa�i�es may�nter upon the Rea� Property a�a!I
<br /> reasonabfe times fo attend tv Lender's interests and to inspect �he Real Praperty for purposes of Trus�or's
<br /> compiiance with the terms and �onditions of this Deed of Trust.
<br /> Compliance wi�h Ga�ernmentai Requirements. Trustor shall prampt[y comply with all laws, ardinances, and
<br /> regulations, naw or hereafter in efFect, of all go�ernm�ntal authorities applicable to �he use or occupancy o�the
<br /> Praperty. Trustvr may contest in gaod�aith any such law,ordinan�e,or regulat�an and withhol�cflmpliance during
<br /> any pro�eeding, �ncfuding appropriate appeals, so long as Trustar has no�ified Lender in wr�ting prior to doing so
<br /> and so�ong as, in Lender's so[e opinion, Lender`s inter�ests in#he Property are n�t jeopardized. Lender rnay require
<br /> Trustvr tv post adequa#e secu�i�y a�a surety bond, reasonably sa#isfactory�o Lender,to protec�Lender's int�resf.
<br /> Dufy to Protect, Trustor agrees neither to abandon or lea�e unattended #he Praperty. Trust�r shall do all other
<br /> acts, in addi#ion to th�se acts se��vr�h abo�e in this section,whi�h from the character and use af the Property are
<br /> reasonably necessary to protect and presen�e the Property.
<br /> TAXES AND LlENS. The fo�lowing pro��sions rel�fing to the taxes and liens on the Property are pa�of�his ❑eed o�
<br /> Trust: �
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