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��14�4459 DE�a �F TRU�T Loan Nv: 1�'1�78�3D �Contlnu�d} Page � �orrawer ar Trustar whether❑r nat the advan�es are made pursuant to a cammitment. Specitically, without�imitation, this Deed of Trust secures, in additian �❑ the amvunts specified in �he Nv�e, aII future amounts Lender in its discre�ion may loan to Borrawer or Trus��r, together with ai� interesfi therean. Trusfior presentiy assigns t❑ Lender {als❑ known as Beneficiary in this fleed ❑f Trust} all of Trustor's right, title, and interes� in and t❑ a1i present and �future leases o� �he Praper�y and all Rents �rvm �he Proper�y. In addition, Trustar gran�s fi❑ Lender a Uniform Commercial Code security inter-es�in�he Personal Property and Rents. TH1S DEED OF TRUST, INGLUDING THE A551�NMENT DF RENTS AND THE SECURITY INTERES� �N THE RENTS AND PERS�NAL PR�PERTY, 15 GIVEN T4 SECURE {A� PAYMENT �F THE 1NaEBTEDNESS AND �B} PERFQRIUTANCE �F ANY ANQ ALL DBL�GATi0N5 IJNDER THE NaTEr THE RELATE❑ ❑OCUMENTS, AN[] THIS DEED �F TRUST. TH15 DEED�F TRUST�S GiVEN AN❑ACCEPTED �N THE F�LL�IN�NG TERIVIS: TRUSTDR'S REPRESENTATi�NS AND 11VARRANT�ES. Trustor warrants tha�: �a� fihis ❑eed o� Trust is executed at Borrower's request and not at the request o� Lender; �b} Trustor has the full powe�-, right, and au�harity to �n�er into this �eed a� Trust and t❑ hyp�theGafie the Property; tc} the pro�isivns af this ❑eed of Trust da not conflic� with, vr result in a default under any agreement�r other instrument hinding upan Trustor and do nvt result in a �ivlatian vf any law, regulafiion, caurt decree ❑r order app�icable t❑ Trustar; �d} Trus�or has established adequa�e means af ❑btaining from gorrawer ❑n a �ontinuing basis informatian abou� 6orrawer's financial cvndition; and {e} Lender has made n❑ representation to Trustor about 6orrower {including withau�limitation�he creditwarthiness ❑f Borrawer�. TRUST�R'S 1NA1VER5. Trus�or wai�es a!I righ�s vr defenses arising I�y reason of any "one action" vr "anti-deficiency" law, �r any other law which may pre�en� Lender from hringing any action against 7rusfior, including a claim �or deficiency�❑ the extent Lender is vtherwise enti�led �v a claim for deficien�y, ��fare vr a�ter Lender's commencement or Gompl�tion o�f any fvreclvsure a��ian, either judicially or by exe�cis�a�f a power❑f sale. PAYIVIENT AND PERFnR1UlANGE. Except as a�kherwise pro�ided in�his Deed o�Trus�k, Barrower and Trustar shall pay�� Lender all [ndebtedness secured by this Deed ot Trus� as it be�ames due, and Borrower and Trustor shall strictly perfvrm all�heir respective obliga'�ions under the N��e,this Deed ❑f Trust, and�he Related Documents. PQ55E5SI�N AND !U[AINTENANCE �F THE PR�P�RTY. Borrawer and Trustvr agree that B�rrower's and Trustar's possession and use of fihe Property shall be gv�erned by�he following pro�isions: Passession and Use. L]n�il the vccurrence of an E�ent a� Default, Trusfior may {'�} remain in possessivn and control❑f the Praperty; {2} LISer ❑perate or manage the Praperty; and �3} cal�ect the Ren�s from ti�e Praper�y. Dufiy �❑ Maintain. Trust�r shajI maintain the Property in �enantable �ondition and promptIy perfvrm a�l repairs, replacements, and maintenance necessary t� preser�e its�alue. Compliance V11i�h Enrrirvnmen�al Laws. Trustar represents and warrants t❑ Lender that: �1} During the perivd of Trus�or's ownership of the Prvperty, �here has been n❑ use, generation, manufacture, storage,treatment� dispasal, r-elease or �hreafened release v�f any Hazardous 5ubs�ance by any person ❑n, under, about ❑r from the Proper�y; �� Trustor has no knowledge vf, vr reason to belie�e that there has been, ex�ep� as pre�i�usly disclvsed tv and acknawledged by Lender in writing, �a} any breach ❑r �iolation o� any En�ironmental Laws, {b} any use, genera�ian, manu�a��ure, s�orage, treatmen�r dispasal, release or threatened release of any Ha�ardous Substanc� ❑n, under, abou� ❑r fram th� Property 1ay any prior owners ar ❑c�upan�s v� the Praperty. or �G� any ac�ua� ❑r threa�ened lifiigation or claims af any kind by any person relating to such ma��ers; and (3} Except as pre�iously dEscEosed ta and acknawledged by Lender in writing, �a� neither Trust�r nor any tenant, cantrac�or, agen�❑r other authorized user❑#�he Property shall use, generate, manu�acture, s�ore, treat, dispose of or release any Hazard�us Suhstance on, under, abou�or frvm�he Property; and �b} any such actiWi�y shall be conducted in compliance with all app�icabfe �Federa�� state, and )acal �aws, regula�i�ns and ordinanc�s, in�luding withQ�rt limitation a!! En�ironmentaf Laws. Trus�or authorizes Lender and its agents ta enter upon the Praper�y �a make su�h inspectians and tests, at Trustvr's expense, as Lender may deem appropriate �o determine �ompliance ❑f the Proper�y with fihss section o�F the ❑eed �f Trust. Any inspections or �esfis made by Lender shall be for Lender's pu�poses only and shall not be consfirued to crea�e any �esponsibility❑r liability on the par�vf Lender to Trustor or to any other person. The representations and war�-anties �ontained herein are based vn Trustor's due diligence in in�estigating the Property for Ha�ardous Substances. Trustor hereby {�} releases and waiWes any future �laims aga�nst L�nder �fvr indemnity or cantribution in the e�ent Trustor becvmes liable fvr �leanup or ❑�her cvsts under any such Eaws; and ��.} agrees to indemnify, de�end, and hold harmless Lender against any and al[ c�asms, iasses, liabilities, damages, penal�ies, and expenses which Lender may directly v�-indireGtly sustain or suffer resu[ting fram a breach ❑f �his s�c�ian ❑f�he ❑eed ❑f Trust or as a consequence of any use, generation, manuta��ure, storage, dispasal, re�ease�r threatened re[ease occurring priar�v Trustor's ownership vr in�erest in fihe Pr�perty, whether❑r nvt the same was vr shauld ha�� been known �❑ Trustor. The pro�isions ❑� this sec�ion of �he ❑eed of Trus�, including the obligat�on to indemnify and defend, shall sur�i�e�he payment❑�the lndebtedness and�he satisfa��ion and r�con�eyance of the lien vf this Deed of Trust and sha�l not 1ae affected by Lender's acquisi�ion o�any in�eresfi in the Proper�y, whether by foreclasure ❑r otherwise. Nuisance, Wasfie. Trust�r sha�� not causef candu�t or permit any nuisance nar commit, permitr ❑r suffer any stripping of or waste ❑n ❑r �❑ �he Property ❑r any por�ian af the Property. Withvu� IimFting the generality of the foregoing, Trustvr will no� remo�e, vr grant tv any other party th� righ�to r�mo�e, any timi�er, minerais {including ❑il and gas}, coal, �lay, scoria, soil, gravel or rock produ�ts withaut Lender's prior written cvnsen�.