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��14�4131
<br /> DEE� C]F TRLJST
<br /> ���ntinued� Page �
<br /> grants to Lender a Unifvrm Commercial Cade se�urity interest in the P�rsonal Property and Rents.
<br /> TH1S DEED C]F TRLJST, lNCLUDING THE ASSIGNMENT �F RENTS AND THE SECUR[TY 1NTEREST lN THE RENTS AN❑
<br /> PERS�NAL PR�PERTY, 15 GIVEN T(] SECURE {A� PAYIVIENT �F THE INDEBTEDNESS AND �By PERF�RMANCE C3F
<br /> EACH DF TRUST�R'S AGREEMENTS AND 4BL�GAT14N5 UNDER THE CREDIT AGREEMENT, THE RELATED
<br /> DUCUIVIENTS, AND TH15 DEED QF TRUST. THIS DEED �F TRUST 1S GIVEN AND ACCEPTED �N THE FQLLq1NING
<br /> TERMS:
<br /> PAYMENT AND PERF4RMANCE. Except as otherwise pra�ided in th�s ❑eed af Trust, Trustor shall pay ta Lender all
<br /> amounts secured by th�s Deed of Trust as they become due, and shall strictiy and in a timely manner perform all af
<br /> Trustar's ohliga�ions under�he Credit Agreement, this �eed n�Trust, and the Re�ated �ocuments.
<br /> P�SSESSIflN AND MAINTENANCE �F THE PR�PERTY. Trustor agrees that Trustor's p�ssessian and use ❑f the
<br /> Property shaf� �e go�erned by the fiollowing pro�isians:
<br /> Pvssessivn and Use. Until the oc�urrence of an E��nt of Default, Trustor may �1} remain in possession and
<br /> contral of the Property; t27 use, �perate ar manage the Property; and �3} colfect th� Rents from the Praperty.
<br /> Du�y t� Maintain. Trustor sha11 ma�ntain the Pra#�erty in gaod conditian and prompt�y perform a�� repairs,
<br /> replacements, and maintenan�e nec�ssa�y to preser�e its �alue.
<br /> Compliance With Envirvnmen#al Laws. Trustor repr�sents and warrants to Lender that: �1� ❑uring the period nf
<br /> Trust�r's ownership of the Praperty, there has been no us�, generation, manufiac�ure, s�orage, treatmen�, dispvsal,
<br /> release ar threatened release �� any Hazardvus Substance by any person on, under, ab�ut ❑r #rom the Property;
<br /> ��} Trustor has no knowledge of, ar reason to belie�e that there has been, except as pre�iously disclosed to and
<br /> acknowledged �ay Lender in writing, �ay any breach or �ialation of any En�ironmental Laws, �b� any use,
<br /> generation, manufactur�, storage, treatment, disposal, release or threatened releas� n� any Hazard�us Substance
<br /> on, under, about ar from the Property by any pri�r owners ar occupan�s o€ the Property, �r �cy any actual ❑r
<br /> threatened li�igatian or �laims of any kind by any persan relating to su�h matters; and �33 Exc�pt as pr��iously
<br /> disclosed to and acknowledged by Lender in writing, �a� nei�her Trustor na� any tenant, can�ractor, agent or other
<br /> auth�rized user of�khe Praperty shall use, generate, manu�acture, srore, treat, dispose o#❑r release any Hazardaus
<br /> Substance on, under, abaut ar from the Property; and �b} any su�h acti�ity shall he canducted in camplian�e with
<br /> all applicab�e federa�, state, and local laws, regulatians and ardinances, including without limitation all
<br /> En��ronmental Laws. Trus�or auth�ri�es Lender and its agen�s to en�er upan the Property t� make such
<br /> inspe�tions and tes�s, at Trustor's expense, as Lender may d�em approp�iate to determine compliance o� the
<br /> Property with this sectian ofi the Deed of Trust. Any inspections or ��sts made by Lender shal[ be far Lender's
<br /> purposes only and shal[ nat be �onstrued ta create any respansibility or liability on �he par� of Lender ta Trustor or
<br /> to any other person. The representa�ions and warranties contain�d herein are based on Trustor`s due diligence in
<br /> in�estigatin� the Property fvr Hazardous 5ubstances. Trustor hereby �1 y releases and vuai�es any future claims
<br /> against Lender fvr indemn�ty or contributivn in the e�ent Trustar becomes liable fior cleanup or other costs under
<br /> any such laws; and ��� agrees ta indemni�y, defend, and hold harmless Lender against any and all claims� I�55G5.
<br /> liabi[ities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffier resulting from
<br /> a br�ach of th�s secfion of �he Deed of Trus� or as a cansequence of any use, g�neratfnn, manu�acture, storage,
<br /> dispasal, release or threatened refease oc�u�ring priar�a Trustor's flwnership�r in�erest in the Property, wheth�r�r
<br /> not the same was or should have been knvwn to Trustor. The prv�isions ofi this se�tion of the De�d o� Trust,
<br /> including the ob�igation ta indemnify and defend, shall sur�i�e the payment o�the lnde�t�dness and the satisfaction
<br /> and recfln�eyan�e ❑f the lien o#th�s Deed of Trust and shall not be affected by Lender's acquisifiion af any interest
<br /> in the Property, whether by fareclasure ar otherwise,
<br /> Nuisance, VIlaste. Trustar shalf nat cause, �onduct 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. Withc�ut limiting the generali�y �f the
<br /> foregaing, Trustvr will not remo��, or grant tQ any oth�r party the right to remo�e, any timber, minerals tincluding
<br /> oi! and gas}, caal, clay, scoria, soil, gra�el or rock praducts without Lender's prior written cansent.
<br /> Remv�al of ImprvWements. Trustor shal[ not demalish or remo�e any Impro�ements frvm the Real Property withaut
<br /> Lender's priar writ�en cvnsent. As a condi�ion to the remo�al ❑f any Impra�ements, Lender may require Trustar to
<br /> make arrangements satis�actory to Lender fi❑ replace such Im�ra�ements with lmpro�ements o� a� least equal
<br /> �alue.
<br /> Lender's Right ta Enter. Lender and Lender's agen�s and representati�es may enter up�n the Real Property at all
<br /> reasonable times �o attend to L�nder's int�rests and to inspect the Reai Praperty fo� �urposes o� Trustar's
<br /> �ompliance with the terms and �vndi�ians of th�s Deed ❑f Trust,
<br /> �ampliance wi�h Go�ernmental Requiremen#s. Trustor shall promptly c�mp�y wi�h aI� laws, ordinances, and
<br /> regulations, n�w or hereafter in effect, o� a[f ga�ernmental author�ties applica�le tv the use or ❑ccupancy nf the
<br /> Praper�y. Trustor may contest in goad �aith any su�h law, ardinance, or regulatifln and withhald compliance during
<br /> any proceedin�, including app�opriate appeals, so long as Trustor has na�t�ied Lender in wri�ing privr ta dning so
<br /> and sa long as, in Lender's sale opinian, Lende�'s interests in the Property are not jeopardized, Lender may require
<br /> Trustar to post adequa�e security or a sure�y b�nd, reasonably satisfactary to Lender, �a protect Lender`s interest.
<br /> Duty to Prvtecfi. Trustar agrees neither ta abandan or �ea�e unattended the Prvperty. Trust�r shal{ d❑ all other
<br /> acts, �n additivn to thase acts set farth abo�e in this section, whi�h from �he character and use of the P�aperty are
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