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201404183
<br /> DE�D OF TRUST'
<br /> Loan No: '[11'8292-3 (Con#enuec�� Page 2
<br /> authorized user of the Property shall use, generate, manufacture, sYore, treat, dispose of or r�lease any Hazardo�cs
<br /> Substance on, under, about ar from the Property; and [bp any such activity shail be conducted in compliance with
<br /> all applicable federal, state, snd local laws, regulations and ordinances, including without limitation all
<br /> Environmental Laws. Trustar authorizes Lender and its agents 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 of Trust. Any inspections or tests made by Lender shall 6e far Lender's
<br /> purposes only and shall not be construed to create any responsibility or lia6ility on the part of Lender to Trustor or
<br /> ta any other p�rson. The representations and warranties cantained f�erein are based on Trustor's due diligence in
<br /> investigating the �roperty for Hazardous Substances. Trustar hereby i1) releases and waives any future claims
<br /> against Lender for indamnity or contribution in the event T'rus#ar 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 al] claims, losses,
<br /> lia6ilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from
<br /> a breach of this section of the �eed of Trust ar as a consequence of any use, generation, manufacture, storage,
<br /> dispasal, ralease or threatened release occurrEng prior#o Trustor's ownership or interest in the Property, whether or
<br /> nnt the same was or should have bee� known ta Trustor. The provisions of this section of the Deed of Trust,
<br /> including the obligation to indemnify and defend, shall survive 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 partian of the Properiy. Without limiting the generality of the
<br /> foregoing, Trustar will not remov�, or grant to any other party the right to remove, any timber, minerals (inciuding
<br /> 091 and gas}, coal, clay, scoria, soil, gra�el or rock products without Lender's prior written consent.
<br /> Remova!pf Improvements. Trustor shall no#demolish or remove any Improvements#rom the Real Property witF�out
<br /> Lender's prior written consent. As a condition to tE�e removal of any Improvements, Lender may require Tr�tstar to
<br /> make arrangements satisfactory to Lender to replace such Improvements with [mprovemen#s of at [east equal
<br /> value.
<br /> Lender's Right xo Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all
<br /> reasonable times to attend ta Lender's interests and ta inspect the Real Property for purposes of Trustar's
<br /> compliance with the terms and condit9ons of this Deed of Trust.
<br /> Compliance with Governmental Requirements. Trustor shall promp#ly comply with al[ laws, ordinances, and
<br /> regulations, now or hereafter in e#fect, of all go�emmental authorities applicable to the use or occupancy of the
<br /> Property, including without limitation, the Americans Wi#h Disabilities Act. TrUstor may contest in gaod faith any
<br /> such law, ordinance, or ragulation and withf�old compl9ance during any proceeding, incfuding appropriate appeals,
<br /> so long as Trustar has notified tender in wriYing 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 Trustar to post adequate security or a surety
<br /> bond, reasonably satisfactory to Lender, to protect Lender's interest.
<br /> Duty to Pro#ect. Trustor agrees neither to abandon or lea�e unattended the Property. Trustor shaEl do all other
<br /> acts, in addition to those acts set farth abave in this section, which#rom the character and use of the Property are
<br /> reasonably necessary ta protect and preserve the Property.
<br /> TAXES AND LI�NS. The folfowing provisions relating to the tsxes and [iens on the Property are part of this �eed of
<br /> Trust:
<br /> Payment. Trustor shall pay when due {and in all events prior to delinquencyl all taxes, specia[taxes, assessments,
<br /> charges (including water and sewer), fines and impositions levied against or on account of the Property, and shall
<br /> pay when due a11 claims for work done on or for services rendered or materEal furnished to #he Property. Trustor
<br /> shall maintain #he Property free of all liens hxving priority over or equal to the interest of Lender under this Deed of
<br /> Trust, except far the lien of taxes and assessments no# due, except for the Existing Indebtedness re#erred to
<br /> below, and except as oiherwise prpvided in this Qeed of TrusE.
<br /> Right ta CantesY. Trustor may withho[d payment of any tax, assessment, or claim in cannection 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 fien arises or
<br /> is filed as a result of nonpaymant, Trustor shall within fifteen 115} days after the lien arises or, if a lien is filed,
<br /> within fifYeen �f51 days after Trus#or has notice of the fi[ing, secure the discharge of the lien, or if requested by
<br /> Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an
<br /> amount suffiicient to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a
<br /> result of a foreclosure or sale under the lien. ]n any corstest, Trustor shall defend itself and Lender and shall satisfy
<br /> any adverse judgment 6efare enforcament against the Property. Trustor sltall name Lender as an additional obEigee
<br /> unc[er any surety bond furnisf�ed in the cantest proceedings.
<br /> E�idence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes
<br /> DF assessments and shall authorize the appropriate govemmental official to deli�er ta Lender at any time a written
<br /> stetement of the taxes and assessmenis against the Property.
<br /> Notice of Construction. Trustor shall notify Lender at IeasF fifteen {151 days before any work is commenced, any
<br /> services are furnished, or any rr�aterials are supplied to the Property, i# any mecha�ic's lien, materialmen's lien, ar
<br /> other lien could be asserted on account of the work, services, or ma#erials. Trustor will upon request af Lender
<br /> furnish to Lender advance assurances satisfactory to Lender that Trustor can and will pay the cost of such
<br /> improvements.
<br /> PROPERTY DAMAGE II�SURANCE. The following provisions relating to insuring the Property are a part of this Deed of
<br /> Trust.
<br /> MainYenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended
<br /> coverage endorsements on a fair value basis for tha full insurable value covaring all improveme�ts on the Real
<br /> Property in an amount sufficient to avoid application of any coinsurance ciause, and with a standard mortgagee
<br /> clause in favor of Lender. Trustor shakl also procure and mainiain comprehensive general liability insurance in such
<br /> coverage amounts as Lender may request with T"rustee and Lender being named as additional insureds in such
<br /> liability insurance policies. AdditionaEly, Trustor shali maintain such other insurance, including 6ut not Eimi#ed to
<br /> hazard, husinass interruption, and boiler insurance, as Lander may reasonably require. Policies shall 6e written in
<br /> form, amounts, coverages and basis reasonabfy acceptable to Lender and iss�ed 6y a company or cpmPanies
<br /> reasonably acceptabfe to Lender. Trustor; upon raquest of Lender, wilf deliver to Lender from time to iime the
<br /> policies or certificates o€ insurance in form satisfactory to Lender, i�cluding stipulations that coverages will not be
<br /> cancelled or dirr�inished without at least ten (10� days prior written notice to lender. Each insurance policy also
<br /> shaEl include an endorsement providing that co�erage in favor of Lender wil[ not be impaired in any way by any act,
<br /> omission or default of Trustor or any other person. Should the Real Property be located in an area designated 6y
<br /> tF�e Administratar of the Federal Emergency Management Agency as a spacial f[ood hazard area, Trustor agrees #o
<br /> obtain and mair�tain Federal Flood Insurance, if available, for the full unpaid principal balance o€the loan and any
<br /> prior kiens on the property securing the loan, up to the maximum policy limits set under the National Flood
<br /> Insurance Program, or as otherwise required hy Lender, and ta maintain such insurance for the term of the loan.
<br /> Application of Proceeds. Trustor shalf promp#ly notify Lender of any loss or damage to the Property. Lender may
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