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<br /> C��ED C3F T�L��T
<br /> {�ont�nued} Page �
<br /> PERSflNAL PRflPERTY, IS G1VEN T� SECURE �=A� PAYIVIENT �F THE INI3EBTEDNESS AND [B} PERFDRMANCE �F
<br /> EACH �F TRUST�R'S AGREEMENTS ANL7 OgL1�ATIQNS LJN�ER THE CRE�[T AGREEMENT, THE RELATED
<br /> ❑�CUIVIENTS, AND THIS I7EE❑ DF TRUST. THtS DEED �F TRUST �S GIVEN ANC] ACCEPTE� �N THE FULL�V�I��VG
<br /> TER�15:
<br /> -.PAYMENT AND PERF�RMANCE. Ex�ep� as otherwise pro�ided in �his Deed of Trus�, Trus�or shall pay to Lender all
<br /> am�unts secu�e� by �his aeed of Trust as they b�came due, and shall str�ctly and in a timely manner p�r�orm all of
<br /> Trustor's obligations under�he Credit Agreement, this Deed af Trust, and the Relafied ❑ocuments.
<br /> P�SS�SSI�N AND MAINTENANCE ❑F THE PR�PERTY. Trusto� agrees that Trustor's possession and use o� the
<br /> Pr�perty shall be go��rned by the folfawing,pro�isians:
<br /> Pvssession and Use. Until the occurrence of an E�ent of Default, Trustor may ��3 remain in passessi�n and
<br /> control ❑f the Praperty; t�� use, ❑pe�-ate or manage the Proper#y; and �3} �o��ect the Rents from the P�operty.
<br /> Duty.to Maintain. Trustor shall maintain the Property �n good candition and promptly perform all repairs,
<br /> replacernents, and maintenance necessary ta preser�e Ets �aiue.
<br /> Cvmpliance With En�ironmental Laws. Trustor represen�ts and warrants to Lender that: �13 During �he period of
<br /> Trustor's ❑wnership ❑f the Praper�y, there has been no use, generation, manu�acture, sto�age, treatment, dispQsal,
<br /> � reiease or -thr�atened release a� any Ha�ard�us Substan�e 1�y any person on, under, about or from the Property;
<br /> �Z} T�ustor has no knowledge o#, or reason �o belie����ha��here has been, excep� as pre�iously d�sc�osed to and
<br /> a�knowledged by Lender in wri�ing, �a� any hreach ❑r �io�ation o� any En�ironmenta! Laws, �by any use,
<br /> generation, manufacture, storage, t�eatment, d#sposal, re�ease ❑�- threatened release af any Hazardous Substance
<br /> on, under, abau� or from �he Property by any prior ❑wners a� ❑ccupants af the Property, or �c} any ac�ual ar
<br /> threaten�d I�tigation or claims o� any kind by any person re�ating to such matters; and {3� Excep� as pre�iously
<br /> � disclosed �� and ackn�wledged by Lender in writing, �a} neither Trustor nor any tenant, �an�racto�-, agent or other
<br /> authori�ed user of the Property shai! use, genera�e, manufacture, s�ore, �reat, dispose of or re��ase any Hazardous
<br /> 5ubstance on, under, abaut or from the Property; and [b7 any such acti�i�y shall be canducted in compi�ance with
<br /> all applicab�e federal, s�ate, and lacal 1aws, regulations and ordinances, including wi�hout limitation ali
<br /> En�ironrnen�al Laws. Trustor authorizes Lender and its agents to enter upan the Property to make such
<br /> inspections and #ests, at Trustor's expense, as Lender may deem appropriate to de�ermine compliance of �he
<br /> Property with this seGtion o# the Deed of Trust. Any inspec�i�ns or tests made by Lender shall be �ar Lender's
<br /> purposes only and shal� no�t be construed ta cr�a�re any responsibility ar liability on the part o� Lender to Trustor nr
<br /> ta any other person. The representa�ians and warranties contained here�n are based on Trustor's due diligence �n
<br /> in�es�igating the Prop�rty for Ha�ardous 5ubstances. Trustor hereby �1� releases and wai�es any future cla�ms
<br /> against Lender far indemnity or contribution in �he e�ent Trustor b�comes liable for cleanu� or other C�5�5 under
<br /> any such laws; and �2} agrees �o indemni-�y, defend, and hold harmless Lender against any and al� cla�ms, losses,
<br /> �iabiliti�s, damages, penalties, and expenses which Lender may directly or indirect�y sustain or su�fer result�ng from
<br /> a breach of this s�ction of the Deed of Trust or as a consequence of any use, generation, manufacture, storage,
<br /> disposa�, release or threa�ened release ❑ccurring prior to Trus�or's awne�ship or interes�in the Property, whether or
<br /> not th� same was �r should ha�e been knawn ta Trustor. The pra�isions af this sectian ofi the Deed of Trust,
<br /> in�luding#he obligatian�o indemnify and de�end, shall sur�i�e-�he paym�n�o�the Indebtedness and the sat�sfac�ion
<br /> and recon�eyan�e of the lien of this Deed of Trust and sha�l not be a#fected by Lend�r's acquisitian of any interest
<br /> in the Property, whether by#��e�losur�or o�herwise.
<br /> Nuisance, Vllaste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any
<br /> st��pping of or was�e on or to the Property or any portion a� the Property. Wi�hou� limiting the generality �f the
<br /> foregoing, Trustor will na� remo�e, or gran��o any ❑ther par�y the right to r�mo�e, any timber, minerals �in�luding
<br /> oil and gas}, coa�, �lay, scaria, sail, gra�el or rock products without Lender's prior writt�n consent. �
<br /> Remv�al of Impro�emen�s. Trus�or sha[i nat d�molish �r remo�e any Impr��ernen�s fram the Rea� Property without
<br /> Lender's prior written consen�. As a candi�ian t� the rerna�al of any impro�ements, Lender may require Trustor�o
<br /> make arrangements satisfa�tory to Lender to r�place such Impro�ements wi�th Impra�emen�s of at least equal
<br /> �alue.
<br /> Lender's Right#o Enfier, Lender and Lender's agen�s and representa�i�es may en�er upan the Rea� Proper�y at al�
<br /> reasonable t�rnes to attend to Lender's interests and t� inspect the Real Prop�rty for purposes o# Trustor's
<br /> campliance with�he�erms and car7��tions of this �eed ❑f Trust.
<br /> Compliance with Governmental R�quiremen�ts. Trustor shall promptly comply with all �aws, ordinances, and
<br /> regulations, naw or hereafter in effe�t, af al! go�ernmenta� authorit�es appli�able to the use flr occupancy of the
<br /> Property. Trustor may contest in goad faith any such�aw, ordinance, or regula#ion and withhald �omp�iance during
<br /> any proceeding, including app�opriat� appeals, so iong as Trustor has noti�ied Lender in writing priar ta do�ng so
<br /> and so iong as, in Lender's sole apinion, Lend�r's interests in�he Property are not je�pardized, Lender may requir�
<br /> Trustor to post adequate security ar a surety bond, reasanably satisfactory to Lender, t❑ pra�ect L�nder's �nteres�.
<br /> Du�y to Prntect. Trustar ag�ees nei�her �o abandon or lea�e unattended th� �Property. Trustor shafl do all ather
<br /> . acts, in add�tion to those acts set forth �bo�e in this s�cti�n, which #rorn the chara�ter and use of the Prr�p�rty ar�
<br /> , reasonably n�cessary t❑ protect and preser�e�he Property.
<br /> TA�CES AN� L�ENS. The following pro�isions relating �o �he tax�s and liens ❑n the Property are part of this Deed of
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