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��15�3�15 4 � DEED �F TRUST Loan Na: ��28562� {Continued} Page � FUTURE ADVANCES. ln addi�ion �o �he Note, this �3eed a� Trust secures all future ad�an�es made hy Lender �❑ Bvrrawer ar Trusfior whethe�-or nafi�he ad�ances are made pursuant to a commitment. Specifica�ly, without fimita�ion, �his L�eed of Trust secu�-es, in addi�ion�o the amvunfis specified in�he Note, all future amoun�s Lender in its dis�retion may fvan to Bo�-rower or Trus�or,togeth�r with all in�eres�therean. Trustor presentfy assigns to Lender {als❑ known as Beneficiary in this I�eed ❑�f Trust} al[ ❑f Trustor's righ�, title, and infi�rest in and t❑ all presen� and fu�ure leases vf the Property and a!� Rents �rom �he Praperty. !n additivn, Trustar grants to Lender a Unifarm Commercia[ Cod�securi�y interes�in�he Persona! Prflperty and Rents. TH15 �EED �F TRUST, 1NCLUDING THE ASSlGNMENT DF RENTS AND THE SECURITY �NTEREST IN THE RENTS AN❑ PERSDNAL PR�PERTY, 15 GIVEN T❑ SECURE �A} PAYMENT nF THE lNDEBTEDNESS AND {g} PERFDRMANCE �F ANY AND ALL �BLlGATI�NS UNDER THE NaTE, THE RELATEL� DDCUMENTS, AND THfS DEED DF TRUST. THIS DEED�F TRUST 15 GIVEN AND ACCEPTED 4N THE FDLL�WING TERMS: TRUST�R'S REPRESENTATI�NS AND WARRANTIES. Trustor war�an�s fihat: �a} this Deed o� Trust is executed at 6arrower's reques� and no� a�the request ❑f L�nd�r; {b} Trus�or has �he full pawer, right� and auth�ri�y to enter in�� this Deed o�Trus� and tv hypotheca�e the Property; �c} the pro�isions o-�this Deed o�Trust do no� con�flict with, ar resul�in a default under any agreement❑r other instrument �inding upvn Trus�or and do not result in a Wiolation af any law, regula�ion, cvu�t de�ree or ❑rder applicable to Trusto�-; �d} Trustar has established adequate means �f vbtaining from Borrower vn a ��n�inuing basis infarmation al�out Bor�-ower's �inancial condition; and �e} Lender has made no representation t�Trus�or abaut 6arrower{including without limi�a�ian the credi�warthiness af Borrower}. TRUSTDR'S WAIVERS. Trus�o�-waives all rights or defenses arising by reas�n of any "one action" or "anti�deficiency" [aw, ar any ather iaw which may pre�ent Lender from bringing any action agains� Trusfivr, including a �laim �vr defi�iency to the ext�n�t Lender is �therwise en�i�led �v a claim for de�ficiency, befare ❑r af�er Lender's �ommencemen� or campletion❑�f any�fareclosure action, either judicially or by exe��ise ofi a pvwer❑�F sale. PAY11JlENT AND PERF�RMANCE. Except as❑therwise pro�id�d in this Deed of Trust, gorrawer and Trustor shall pay ta Lender all Indebtedness secured by this Deed of Trust as it becomes due, and 6orrowe�- and Trusfior shali sfiri��ly perform all�heir respec�i�e obf iga�tions under the Note,this ❑eed of Trust, and the Refated Documents. PD55E551DN AND MAINTENANGE �F THE PR�PERTY. Bvrrower and Trustor agree �hat Barrawer's and Trustor's pvssession and use❑f the Property shall be go�erned by the follow�ng pro�is�ans: Possession and Use. Lln�kil the occurrence of an Event ❑f Defau�t, Trus�vr may �'1} remain in possession and contrvl❑f the Prvperty; t2} USEr operate or manage�he Prope�ty; and �3} c�[�ect the Ren�s from the Property. Duty t❑ Maintain. Trustor shaEl maintain the Property in tenan�able conditi�n and pr�mptly per�vrm all repairs, replacements, and main�enance necessary to prese��e ifis�alue. Comp�iance Wifih En�ironmenfiai Laws. Trus��r represents and warrants to Lender that: {1} Dur�ng �he perivd o� Trustor's ❑wnership vf the Property, there has been n❑ use, genera�ion, manufac�ure, storage, �reatmen�, disposal, reiease or �khreatened reEease af any Hazardous Substance by any person on, under, about or -�ram the Property; �2} Trusfior has n❑ know[edge of, ar reason�ko believe tha�there has been, excep� as pre�ivusly disGlvsed �❑ and acknvwledged by Lender in writing, {a� any lareach or �io�atian o�f any En��ronmen�al Laws, {b� any use, generation, manu�acture, storage, �reatmen�k, disposa�, release or �hreatened re�ease ❑f any Ha�ardaus Subs�anc� ❑n, under, about or from �he Proper�y by any privr vwners a� vccupants o� �he Praperty, or �c} any acfival vr threatened litigation or claims vf any kind by any person refa�ing to such matters; and �3� Ex�ep� as pre�iously disclased ta and a�knawfedged by Lender in writ�ng, �a} neifiher Trustor nor any�enant, cvnfiractvr, agent or❑fiher autharized user❑�the Prope�ty shall use, �enerate, manufacture, s�are, trea�, dispose ❑�or release any Hazardous Subs�tance❑n, unde�, ab�ufi or fram�he Property; and �by any such acti�ity shall be conduc�ted fn compliance w�th ail appli�alale fed�ral, state, and Eoca� laws, regulations and ordinances, including withou�k limita�tion all En�iranmental Laws. Trus�or authari�es Lender and its agen�s t❑ ente� upan the Property tfl make such inspec�ians and tests, at Trustar's expense, as Lender may deem approprrate t❑ determine �ompliance o�F fihe Property with this se�tion �f th� f�eed of Trus�. Any inspecti�ns ❑r tes�s made by Lender sha�f be for Lender's purposes onfy and shall not be construed t� create any respvnsihility vr liabilifiy ❑n the part❑fi Lender to Trustor or to any other person. Th� representations and warranties contained herein are based on Trust�r`s due d€ligence in in�estigating the Prope�ty ��r Hazardvus Substances. Trustor hereby {�� releases and wa�ves any fu�ure �laims against Lender �or indemn�ty or cantribution �n the e�ent Trustvr �ecames liahle �or c[eanup or ❑�he� c�s�s under any such laws; and {Z� agrees to indsmnify, defend, and hold harmless Lender against any and all claims, losses, liabilities, damages, penal�Ees, and expenses which Lender may direct�y ar indirec�ly sustain or su�ffer resul�ing firom a breach ❑f this sectian of the Deed o-�Trust or as a consequence of any use, generafiian, manufacture, s�vrage, disposal, rel�ase or threa�gned release�ccurrin� privr fia Trus�or`s vwnership or interes�in th� Proper�y, whether ar nvt the same was ❑r should ha�e t�een known -�a Trusto�. The pro�isians �f this sec�ion of the fleed ❑f Trust, including�he obliga�ion to indemnify and defend, shall sur�iWe the paymen�of the lndebtedness and�he satisfaction and recon�eyance of the lien o�this Deed af Trust and shall not be affe�ted by Lender's acquisi�ion of any in�erest in the Pr�perty, whether by foreclosure❑r o�herwise. Nuisance, 1JVaste. Trust�r shall not cause, cvnduct ar permit any nuisance nor cammi�, permit, vr suffer any strippin� o� or waste on ar to the Proper�y or any portion v�the Property. Withvut limiting the generali�y of the foregving, Trustar will not remv�e, vr gran�to any ❑�her party�he right to remo�e, any�imber, minerals �including ❑il and gas}, coal, clay, sc�ria, soi�, gra�el vr ro�k producfis wi�hout L�nder's prior w�itten consent.