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<br /> , (c) All applicable laws and regulations, induding, without limitation, the Americans with Disabilities Act, 42 U.S.C. Section 12101 et seq. (and all
<br /> regulations promulgated thereunder)and all zoning and building laws and regulations relating to the Property by virtue of any federal,state or muniapal
<br /> authoriry with jurisdiction over the Property, presently are and shall be observed and complied with in all material respects, and all rights, Iicenses,
<br /> perMts, and certificates of oxupancy(induding but not limited to zoning variances,special exceptions for nonconfomiing uses,and flnal inspection
<br /> approvals), whether temporary or pem�anent, which are material to the use and occupancy of the Property, presemly are and shall be obtained,
<br /> preserved and,where necessary,renewed;
<br /> (d) Grantor has the rigM and is duly authorized to execute and perform its Obligations under this Deed of Trust and these actions do not and shall not
<br /> conflict wilh the provisions of any statute,regulation,ordinance,rule of law,corrtract or other agreemerrt which may be binding on Grantor at any time;
<br /> (e) No aclfon or proceeding is or shall be pending or threatened which might materially affect the Property;and
<br /> (� Grarnor has not violated and shall not violate any statute,regulation,ordinance,rule of law,contract or other agreemerrt(induding,but not limited to,
<br /> those goveming Hazardous Materials)which migM materially affect the Properry or Lender's rights or interest in the Property pursuarrt to this Deed of
<br /> Trust.
<br /> 3. PRIOR DEEDS OF TRUST. Grantor represents and warrants that there are no prior deeds of trust affecting any part of the Property except as set forlh
<br /> on Schedule B attached to this Deed of Trust,which Grarrtor agrees to pay and perform in a timely manner. If there are any prior deeds of trust then
<br /> Grantor agrees to pay all amourrts owed,and perfoRn all obligations required,under such deeds of trust and the indebtedness secured thereby and further
<br /> agrees that a defauft under any prior deed of trust shall be a default under this Deed of Trust and shall errtitle Lender to all rigMs and remedies contained
<br /> herein or in the Obligations to which Lender would be entitled in the everrt of any other defauh.
<br /> 4. TRANSFERS OF THE PROPERTY OR BENEFICIAL INTERESTS IN GRANTORS OR BORROWERS. In the event of a sale,conveyance, lease,
<br /> contract for deed or transfer to any person of all or any part of the real property described in Schedule A,or any irnerest therein,or of all or any beneficial
<br /> irrterest in Borrower or Grantor(if Borrower or Grarrtor is not a natural person or persons but is a corporation,limited liability company,partnership,trust,or
<br /> other legal eMiry),Lender may,at its option dedare the outstanding prindpal balance of the Obligations plus accxued interest thereon irmiediately due and
<br /> payable. At Lender's request,Grantor or Borrower,as the case may be,shall fumish a complete statement setting forth all of its stocldiolders,members,or
<br /> partners,as appropriate,and the extent of their respective ownership interests.
<br /> 5. ASSIGNMENT OF RENTS. In consideration of the Obligations,which are secured by this Deed of Trust, Grantor absolutely assigns to Lender all
<br /> Grantor's estate, right, title, irrteresl, daim and demand now owned or hereafter acquired in all existing and future leases of the Property (including
<br /> extensions,renewals and subleases),all agreemerns for use and oxupancy of the Property(all such leases and agreements whether written or oral,are
<br /> hereafter referred to as the"Leases"),and all guararnies of lessees'perfom�ance under the Leases,together wfth the itrxnediate and ccritinuing rigM to
<br /> collect and receive all of the rerris,income,receipts,revenues,issues,profits and other income of any nature now or hereafter due(induding any income of
<br /> any nature coming due during any redemption period)under the Leases or from or arising out of the Property induding minimum rerrts,additional rents,
<br /> percernage rerns, parldng or common area mairrtenance contributions, tax and insurance cornributions, defiaency rents, liquidated damages following
<br /> defauft in any Lease, all proceeds payable under any policy of insurance covering loss of rerrts resulting from untenarrtability caused by destruction or
<br /> damage to the Property, all proceeds payable as a result of a lessee's exercise of an option to purchase the Property, all proceeds derived from the
<br /> termination or rejection of any Lease in a banlwptcy or other insoNency proceeding,and all prxeeds from any rigMs and daims of any kind which Grarrtor
<br /> may have against any lessee under the Leases or any oxupants of the Property(all of the above are hereafter collectively referred to as the"Rerrts"). This
<br /> assignment is subject to the right,power and authority given to the Lender to collect and apply the Rerris. This assignmerrt is recorded in accordance with
<br /> applicable state law;the lien created by this assignmeM is intended to be speciflc, perfected,and choate upon the recording of this Deed of Trust,all as
<br /> provided by applicable state law as amended from time to time. As long as there is no defauft under the Obligations or this Deed of Trust,Lender grants
<br /> Grantor a revocable license to collect all Rerris from the Leases when due and to use such proceeds in Grantor's business operations. However,Lender
<br /> may at any time require Grarrtor to deposit all ReMs irrto an accourrt mairrtained by Grantor or Lender at Lender's instftution. Upon default in the paymerrt
<br /> of,or in the perfomiance of,any of the Obligations,Lender may at its option take possession of 1he Property and have,hold,manage,lease and operate the
<br /> Properry on terms and for a period of time that Lender deems proper. Lender may proceed to collect and receive all Rerrts from the property,and Lender
<br /> shall have full power to make alterations,renovations,repairs or replacemerns to the Property as Lender may deem proper. Lender may apply all Rents in
<br /> Lender's sole discretion to payrneM of the Obligations or to the paymerrt of the cost of such alterations, renovations, repairs and replacements and any
<br /> expenses inaderrt to taldng and retaining possession of the Property periodically and the management and operatlon of the Property. Lender may keep the
<br /> Property prope�ly insured and may discharge any taxes,charges,daims,assessments and other liens which may accrue. The expense and cost of these
<br /> actions may be paid from the Rents received,and any unpaid amounts shall be added to the prindpel of the Obligations. These amourrts,together with
<br /> other costs,shall become part of the Obligatfons secured by this Deed of Tn�st.
<br /> 6. USE AND AAAINTENANCE OF PROPERTY. Grantor shall take all actions and make any repairs needed to maintain the Property in good condition.
<br /> Grantor shall not cormlt or pemit any waste to be comritted with respect to the Property. Grantor shall use the Property solely in compliance with
<br /> applicable law and insurance poliaes. Gramor shall not make any alterations,additions or improvements to the Property without Lender's prior written
<br /> conserrt. Without limiting the foregoing,all atterations,additions and improvemerrts made to the Property shall be subject to the benefiaal interest belonging
<br /> to Lender,shall not be removed without Lender's prior written consern,and shall be made at Grantor's sole expense.
<br /> 7. LOSS OR DAMAGE. Grantor shall bear the errtire risk of any loss,theft,destruction or damage(cumulatively"Loss or Damage")to the Property or any
<br /> portion thereof from any cause whatsoever. In the everrt of any Loss or Damage,Grantor shall,at the option of Lender,repair ihe affected Property to its
<br /> previous condition or pay or cause to be paid to Lender the decrease in the fair market value of the affected Property.
<br /> 8. INSURANCE. The Property will be kept fnsured for its full insurable value(replacement cost)against all hazards induding loss or damage caused by
<br /> flood, earthquake, tomado and fire,theft or other casualty to the extent required by Lender. Grantor may obiain insurance on the Property from such
<br /> companies as are axeptable to Lender in its sole discretion. The insurance policies shall require the insurance company to provide Lender with at least
<br /> 30 days'written notice before such poliaes are altered or cancelled in any menner. The insurance poliaes shall name Lender as a loss
<br /> payee an prov� that no act or omission of GraMor or any other person shall affect the right of Lender to be paid the insurance proceeds pertaining to the
<br /> loss or damage of the Property. In the everrt Grantor falis to acquire or maintain insurance,Lender(after providing notice as may be required by law)may
<br /> in its discretion procure appropriate insurance coverage upon the Property and the insurance cost shall be an advance payable and bearing interest as
<br /> described in the "REIMBURSEMENT OF AMOUNTS EXPENDED BY LENDER" paragraph and secured hereby. Grantor shall fumish Lender with
<br /> evidence of insuranoe indicaiing the required coverage. Lender may act as attomey-in-fact for Gramor in malang and settling daims under insurance
<br /> poliaes,cancelling any policy or endorsing Grantor's name on any draft or negotiable instrument drawn by any insurer. All such insurance poliaes shall be
<br /> irmiediately assigned,pledged and delivered to Lender as further security for the Obligations. In ihe evern of loss,Grantor shall imrnediately give Lender
<br /> written notice and Lender fs suthorized to meke proof of loss. Each insurance company is directed to makepa ymerrts directly to Lender instead of to
<br /> Lender and Grantor. Lender shall have the rigM, a1 its sole option,to apply such monies toward the Obligations or toward the cost of rebuilding and
<br /> restoring the Property. Any arrpurns may at Lender's option be applied in the inverse order of the due dates thereof.
<br /> 9. ZONING AND PRIVATE COVENANTS. Grantor shall not initiate or consent to any change in the zoning provisions or private covenaMs affecting the
<br /> use of the Property without Lender's prior written consent. If Grantor's use of the Property becomes a nonconforming use under any zoning provlsion,
<br /> Grarrtor shall noi cause or pemit such use to be discorrtinued or abandoned wRhout the pr(or written consern of Lender. Grantor will immediately provide
<br /> Lender with written notice of any proposed changes to the zoning provisfons or private covenants affecling the Property.
<br /> 10. CONDEMNATION. Grantor shall irmiediately provide Lender with written notice of any actual or threatened condermation or eminent domain
<br /> proceeding pertaining to the Property. All monies payable to Grantor from such condemnation or taldng are hereby assigned to Lender and shall be applied
<br /> first to the payment of Lender's attomeys'fees,legal expenses and other costs(induding appraisal fees)in connection with the condermation or eminent
<br /> domain proceedings and then,at the option of Lender,to the payment of the Obligatfons or the restoration or repair of the Property.
<br /> NEDOTB Rw.12197
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