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��14�4915 DEED �F TRU�T Lvan No: 1�1�77787 �Continued} Page � FLlTURE AOVANCES. In additian to the Nvte, this Deed vf Trust secures all fufiure ad�ances made by Lender fio 6orrower a�Trustor whether ar not the ad�ances are made pursuant to a commitmen#. 5pe�ifi�al�y, wi�hou�lim�tativn, �his Deed ❑f Trus�se�ures, in additian t❑the amaun�s specified in �he Note, aI� fu�ure amounts Lender in ifis discretion may loan ta Borrower or Trustar,together with all interest therevn. Trustor presently assigns t� Lender {also known as Beneficiary in �hIS ❑sed ❑� Trust� all vf Trustvr's right, fii�l�, and interest in and �a all presen�k and future l�ases ❑f the Praperty and a[l Rents fram �he Proper�y. �n addi�ion, Trusfior grants t� Lender a Uniform Commercial Code security infieres�in the Personal Prvperty and Ren�s. THIS DEEi] �F TRUST, INCLUDING THE A551GNMENT �F RENTS AN❑THE SECURITY INTEREST IN THE RENTS AND PERS�NAL PR�PERTY, !S GiVEN T� SECURE �A} PAYNiENT �F THE INOEBTEDNESS AND �B} PERF�RMANCE ❑F ANY AND ALL �BLIGAT[�NS UNDER THE N�TE, THE RELATE❑ DQCLlMENTS, AN❑ THIS DEED DF TRUST. TH1S DEED �F TRUST [S G1VEN AN❑AC�EPTED�N THE F�LL�V��NG TERMS: TRlJSTDR'S REPRESENTAT�aNS AN❑ WARRANTIES. Trustflr warrants �hat: �a} �his ❑eed o� Trust is execufied at Bor�-ower's request and not at the request of Lender; {b� Trusfior has the full power, right, and au�hor�ty ta enter into this �3eed �f Trust and to hypofihecate �he Praper�y; �c} the pro�isivns of this ❑eed o� Trust do not conflict wi�h, or result in a default under any agreement❑r other instrument binding upon Trustor and do not result in a �ialation of any law, regula�ian, court decree or order app[icable to Trustor; �d} Trustor- has established adequate means of vhtain�n� from Borrower ❑n a cantinuing basis in�formatinn about Borrower's financial condition; and {e} Lender has made no representation t❑Trustor about Barrvwer �inc�uding wi�hau�limi�atian�he �reditwarthiness of Bo�row�r�. TRUST�R'S 1lVA�VERS. Trus�or wai�es all �ights vr defenses arising by reason ❑fi any "one action" ❑r "an�i-de��cien�y" law, or any ❑ther law which may preWent Lender fram �ringing any ac�ion against Trustor, including a claim fvr deficiency fo the extent Lender is otherwise entit�ed tv a claim for deficiency, befare ❑r after Lender's commencement or cvmple�ion❑f any foreclosure actian, either judiciafly❑r by exercis�af a power of sa[e. PAYMENT AND PERFaRMANCE. Excep�as otherwise prv�ided in this Deed❑�F Trust, gorrower and Trustvr sha[[ pay tv Lender all Indeb�edness se�ured by this �eed ❑f Trus� as it becomes due, and gvrrvwer and Trustar shall stri�tly per-�orm al[fiheir respecti�e vbliga�ions under the Note,this Deed o�Trus�, and the Rela�ed Documents. PD55ESSIaN AND MAINTENANCE �F THE PRaPERTY. Borrower and Trustor agree �tha� gorrower's and Trustor's possessEon and use❑f�he Proper�y sha[l be gv�erned 1ay the�o�lowing pra�isions: P�55@551�17 and Use. Until the occurrence �f an E�en� of Default, Trustvr may �� r�main in possession and cantrof of the Proper�y; �2} use, aperate or manage the Property; and {3} collect the Ren�s fram the Praperty. Du#y fio Maintain. Trust�r shall maintain the Property in tenantable condition and prvmptly per�arm a�i repairs, rep�acemen�s, and maintenance necessary�o preser�e its Walue. Gompiiance With Envirvnmenta� Laws. Trustor represen�s and warran�s to Lender that: {1� �3uring �he periad ❑� Trus�ar's ownership of fihe Property, there has been n❑ use, genera�ion, manu�acfiure, storage, �reatmen�, disposal, release ❑r threatened release ❑f any Hazardaus Subs�ance by any persan ❑n, under, abou� or -�rom the Prvperty; {2� Trus�ar has no knowledge o�, ❑r reason to 1�elie�e that the�e has been, except as pre�iously disclosed �ta and acknawledged by Lender in wri�ing, �a} any breach or �iojation ❑f any En�ironmental Laws, tb} any us�, generation, manufacture, storage, treatmen�, disposal, release ar threatened release of any Hazardous Subs�ance ❑n, under, about or frvm the Prvperty hy any prior awners or accupan�s of the Proper�y, or �c} any actual or �hreatened litigation or claims of any kind by any persfln re[ating to such matters; and �3� Excep� as pre�iously disclosed to and acknowledged by Lender in wri�ing, �a} neither Trustor nor any tenan�, con�ractar, agent❑r❑ther au�hori�ed user vf fihe Property shall use, generate, manufa�ture, st�re, treat, dispose of or release any Hazardvus 5ubs�ance ❑n, under, aboufi or from the Property; and {b} any su�h ac�i�ity shall be �anducted in �vmpliance wi�h all applicalale federal, s�ate, and local laws, regulafii�ns and ordinances, includFng without [imifation all En�ironmenta� Laws. Trus�or autharizes Lender and its agen�s to enter upon the Property to make such inspections and �ests, at Trustor's expense, as Lender may deem appropriate t❑ determin� compfiance of the Property with this section of the ❑eed vf Trust. Any inspections vr tes�s made by Lender shall be far Lender's purposes only and shall nvt be cons�rued �o �reate any resp�nsibility ar Iiability an the part of Lender ta Trus�vr or to any other person. The representativns and warranties con�ained her�in a�e based ❑n Trustar's due diligence in in�estigatin� the Property �or Hazardous Substances. Trus�or hereby {1} releases and wai�es any �uture claims against Lender for indemn�fiy ar contribu�ion in the e�ent Trustvr hecames liahle �or cleanup or other costs under any such laws; and {2� agrees to indemni�y, defend, and hold harmless Lender against any and all claims, losses, liabilities, damages, penal�ties, and expenses which Lender may directly❑r indirectly susta�n or suffer resulting �From a breach of this section af the Deed of Trust ar as a cansequence ❑f any use, generatianr manufaG�ure, stvrage, disposal, release or threa�en�d reIease❑ccurring prior to Trusfior's ❑wnership or interest in the Property, whether or not fihe same was vr shou�d ha�e been known to Trus�or. The pro�isions ❑f this se�tion a� the Deed of Trus�, including�he obligation tv indemnify and de�end, shall sur�i��the payment o��he Indebtedness and the satisfactian and recon�eyan�e o�the �ien of this fleed ❑�F Trust and sha11 not be affected by Lender's acquisi�ian of any intersst in�he Property, whe�her by foreclosure or atherwise. Nuisance, Was�e. Trus�or shall not cause, canduct or permFt any nuisance nor ��mmi�, permi�, vr suf�fer any s�ripping vf vr waste ❑n or �a the Property �r any portivn ❑f the Property. Withou� limiting the generality at the foregoing, Trusfior will not rema�e, vr granfi to any o�her party the right�o remoWe, any�imber, minerals �in�luding oil and gas�, caal, clay, scoria, soil, gra�e� or rvck praduc�s wFthout L�nder's prior wri��en consent.