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��15��545
<br /> �EEa �F �r�us�r
<br /> Loan N�: 'I���8�39� �ContMnued� �age �
<br /> in�erest in and tv al� present and future leases ❑� the Praper�y and afl Rents from �he Praperty. [n addi�ion, Trustor
<br /> g�ants ta Lend�r a Llnifvrm �ommerc�al Code security interest in�he P�rsonal Property and Rents.
<br /> THIS DEED �F TRUST, INGLUDING THE AS51GiVMENT UF RENTS AND THE SECURITY INTERE�T 1N THE RENTS AND
<br /> PERS�NAL PRaPERTY, 15 �IVEN T� SECURE tA� PAYMENT �F THE INDEBTEDNESS AND �B� PERF�RMANCE �F
<br /> ANY AIVD ALL �BLIGATIDNS UNDER THE N�TE, THE RELATED D�CUiVIENTS, AIVD THIS DEED �F TRUST. THIS
<br /> DEED aF TRUST IS GIVEN AND ACCEPTED�N THE FDLL�INING TERIIIIS:
<br /> TRUSTDR'S REPRESENTATl�IVS ANQ WARRANTIES. Trustar warrants that: {a} this aeed o�F Trus� is exe�uted at
<br /> Borrow�r's request and no� at �he requesfi of Lender; {b� Trust�r has the �ull power, right, and au�hority to enter in�a
<br /> this Deed of Trus� and tv hypotheca�e the Proper�y; �c� the proWisions af th�s Deed of Trust do not �onfilict with, or
<br /> resuE� in a d�fault uncler any agreement or�ther instrument binding upvn Trustor and do n�t resul� in a violatian of any
<br /> law. regulatian, court de�r�g or order applicable �a Trustor; �d� Trustor has established adequate means of obtaining
<br /> from Borrower on a continuing �asis infarma�ion ab�ut Borrovuer's financiaf condition; and �e� Lend�r has made no
<br /> repres�ntation t�Trustor about Borrav►rer{including without limi�ation the credEtwor�hiness�f Borrower}.
<br /> TRUSTUR'S VIlAlVERS. Trustor wai�es all rights or defenses ar�sing by reason ofi any "on� action" or "anti-d�ficiency"
<br /> �aw, or any other law which may pre�ent Lender from i�ringing any action against Trustor, inc�uding a claim for
<br /> deficiency ta the extent Lender is ❑therwis� en�itled to a claim for defiiciency, before ar after Lender's commencsment
<br /> or cvmpletion of any fareclasure action, ei�her judicially or by exerGise�f a power of sale.
<br /> PAYMENT AND PERFORMANCE. Except as o�herwise pr��ided in this Deed of Trust. 6orrower sha11 pay�to Lender all
<br /> lndebtedness s�cured by this Deed of Trust as it becom�s due, and Borr�wer and Trustar shall perfarm all their
<br /> resp��ti�e obliga�ions under the N�te,this Deed o�Trust, and the Reiated aocuments.
<br /> PD5SE5SIDN AND MAINTENANGE �F THE PR�PERTY. gQrrflwer and Trustor agree that Borrower's and Trustor's
<br /> passession and use of the Property shall be gQverned by the�ollowing pravisivns;
<br /> Passessian and Use. lJnti� fihe occurrence of an Even� of D��ault, Trustor may {1} r�main in possession and
<br /> contra� ❑f the Property; ��} use, operate or manage the Property; and {3} collect the Rents fram#he Property.
<br /> Duty to IVlainfain. Trustor shall maintain the Property in good �vnditian and pramptly perform all repairs,
<br /> replac�ments, and maintenance neGessary to preser�e its�alue.
<br /> Complian�e �Ifith Environmen�al Laws. Trustor represents and warrants to Lend�r that: �1 y auring the period of
<br /> Trustar's ownership of the Praperty, ther� has been na us�, generativn, manufa�ture, sfarage, treatment, dispo�al,
<br /> release or �hreatened release �f any Hazardous �ubstance by any persan an, under, abaut ar from �he Property;
<br /> {�y Trust�� has no knaw�edge a�, ar r�ason to believe that there has been, except as preWiausly disclosed to and
<br /> acknawledg�d by Lender �n wri�ting, �ay any breach or �iolation �f any En�ironmenfial Laws, �b} any use,
<br /> generation, rnanu�actur�, storage, trea�menfi, disposal, rel�ase or threa�ened release of any Hazardous Substance
<br /> �n, und�r, abou� or from the Property by any priar owners ar vccupants a� the Property, or =cy any actual or
<br /> threatened litiga�Evn �r claims af any kind �y any person relating fia such matt�rs; and �3� Except as pr'eWiQu51y
<br /> disclased tv and a�knowledged by Lender in writ�ng, �a� neifiher Trustor nor any tenant, contractar, agent vr other
<br /> authorized user of the Property shail us�, generat�, manu�ac�ure, store, treat, dispose vf or release any Ha�ard�us
<br /> Substance on, under, about ar from the Property; and �b� any su�h a�ti�ity sha[I be conducted in complianc�with
<br /> all applica�le� federal, state, and local laws, regu[ativns and �rdinances, including without limitativn all
<br /> Environmental Laws. Trustor authorizes Lender and i�s agents �o ent�r upon the Proper�y ta maIce such
<br /> inspec�i�ns an� �ests, at Trustar's �xpense, as Lend�r may deem appropriat� ta determine comp�iance of the
<br /> Prvperty with this section of th� Deed �# Trust. Any inspections or tests mad� by Lender shall b� for Lender's
<br /> purposes anl� and �h�El not be con�trued to create any re�pansibility ar liabil�ty �n the part of Lender ta Trustor or
<br /> to any other person. The representativns and warranties contained herein are bas�d on Trus�or's due diligence in
<br /> in��stigating the Property for Hazardous Substances. Trus�ar hereby t1� refeases and wai�es any future ciaims
<br /> against Lende� f�r indemni�y or �ontributian in the e�ent Trus�or becomes liable �For ��eanup or ather costs under
<br /> any such laws; and 4�} agrees to ind�mnify, defend, and h�id harmless Lender against any and all claims, I�5SL5,
<br /> liabilities, damages, pena3��es, and �xpenses whiGh Lender may directly or indirectfy sustain ar suffer resu�ting from
<br /> a br�ach o� this sectian �f th� Deed of Trust ar as a consequ�nce of any use, g�neratEvn, manu�acture, s�orage,
<br /> d�sposal, r�lease or threatened r�lease occurring prior to Trustor's ownersh�p or in�eres�in the Property, whether❑r
<br /> not the same was or shou�d ha�e been known ta Trus�tor. The provisions of this se��ian a� the �]eed of Trust,
<br /> including�he abligation to indemnify and defend, shaii sur�i�e the payment of the Ind���edness and the sat�sfac�tion
<br /> and recanveyance o�the lien of this Deed of Trust and shal[ no�be afifected by Lender's acquisition of any interest
<br /> in the Property, whe�her by foreclosure or otherwise.
<br /> Nuisance. 1Naste. Trust�r shall nat cause, conduct or permit any nuisance no� commit, permit, ar suffer any
<br /> stripping of ar waste on vr �o �he Praperty vr any par�ion of the Prvperty. Vll�thout fimiting th� gen�ra�ity ❑f �he
<br /> faregoing, Trust�r wi�l not �ema�e, or grant to any ather party the right to remoWe, any timber, minerafs �including
<br /> oi! and gas�, coal, clay, sca�ia, svil, gra�el ar rock products withou�Lendsr's prior written consen�,
<br /> Remo�al vf Impro�ements. T�-usto�shall not demolish or rem��e any lmprovem�nts tram the Real Proper�ky withvut
<br /> Lender's priar written �ons�nt. As a c�nditian tv the removal af any lmprovements, Lender may require Trustvr to
<br /> make arrangemen�s satisfactory ta Lender to r�place such impra�em�nts with Improvements of at least equal
<br /> Wa[ue.
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