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201403961
<br /> DEED OF TRUST
<br /> Loan No: 101277301 (Continued) Page 2
<br /> DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
<br /> PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all
<br /> amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of
<br /> Trustar's o6ligations under the Note,this Deed of Trust, and the Related Documents.
<br /> POSSESSION AND MAWTENANCE OF THE PROPERTY. Trustor agrees that Trustors possession and use of the
<br /> Property shall be governed by the following provisions;
<br /> Possession and Use. Until the occurrence of an Event of Default, Trustor may (7) remain in possession and
<br /> control of 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 m tenantable condition and promptly perform alI 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;
<br /> (2? Trustor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and
<br /> acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use,
<br /> generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance
<br /> on, under, about or frorn the Property by any prior owners or occupants of the Property, or (c) any actual or
<br /> threatened litigation or claims of any kind by any person relating to such matters; and (3} 6ccept as previously
<br /> disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other
<br /> authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazard'ous
<br /> Substance on, under, about or from the Property; and (b) any such activity shatl be conducted in compliance with
<br /> all applica6le federal, state, and local laws, regulations and ordinances, including without limitation all
<br /> Environmental Laws. Trustor authorizes Lender and its agenfs to enter upon the Property to make such
<br /> inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the
<br /> Property with this section of the Deed ofi Trust. Any inspections or tests made by Lender shall be for Lender's
<br /> purposes only and shall not be construed to cteate any �esponsibility or liability on the part of Lender to Trustor or
<br /> to any other person. Tf�e representations and warranties contained herein are based on Trustor's due diligence in
<br /> investigating the Property for Hazardous Substances. Trustor hereby (1) releases and waives any future claims
<br /> against Lender for indemnity or contribution in the event Trustor becomes liable for cleanup or other costs under
<br /> any such laws; and i2) agrees to indemnify, defend, and hold harmless Lender against any and all cfaims, losses,
<br /> liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from
<br /> a breach of this section of the Deed of Trust or as a conseqvence of any use, generation, manufiacture, storage,
<br /> disposal; release or threatened release occurring pnor 2o Trustor's ownership or interest in the Property,whether or
<br /> not the same was or should have been known to Trustor. The provisions of this section of the Deed of Trust,
<br /> including the obligation to indemnify and defend,shall surviye the payment of the Indebtedness and the satisfaction
<br /> and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest
<br /> in the Property,whether by foreclosure or otherwise.
<br /> Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any
<br /> stripping of or waste on or to the Property or any portion of the Property. Without I�miting the generality of the
<br /> foregoing, Trustor will not remove, or grant to any other party the right to remove, any timber, minerals (including
<br /> oil and gas), coal, clay,scoria, soil, gravel or rock products wifihout Lender's prior writter.consent.
<br /> Removal of Improvements. Trustor shafl not demofish or remove any Imp�ovements 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
<br /> make arrangements satisfactory to Lender to replace such Improvements with Improvements ofi at least equaf
<br /> 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
<br /> compliance with the terms and conditions of this Deed of Trust.
<br /> Compfiance with Governmental Requirements. Trustor shall promptly comply with all Iaws, ordinances, and
<br /> regufations, now or hereafter in effect, of all government2l authorities applicable to the use or occupancy of the
<br /> Property, including without Iimitation, the Americans With Disabilities Act. Trustor may contest in good faith any
<br /> such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals,
<br /> so long as Trustor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's
<br /> interests in the Property are not jeopardized. Lender may require Trustor to post adequate security or a surety
<br /> bond, reasonably satisfactory to Lender,to protect Lender`s fnterest.
<br /> Duty to Protect. Trustor agrees neither to abandon or lezve unattended fhe Property. Trustor shafl do all other
<br /> acts, in addition to those acts set forth above in this section, which from the character and use of the Property are
<br /> reasonably necessary to protect and preserve the Property.
<br /> DUE ON SALE-CONSEIVT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums
<br /> secured by this Deed of Trust upon the sale or transfer,without Lender's prior written consent, of aIl or any part of the
<br /> Real Property, or any interest in the Real Property. A "sale or transfier" means the conveyance of Real Property or any
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