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200101126
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Grantor
<br />shall pay to Beneficiary all amounts secured by this Deed of Trust as they become due, and shall
<br />strictly perform all of Grantor's obligations under this Deed of Trust.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. To protect the security of this
<br />Deed of Trust, Grantor agrees that Grantor's possession and use of the Property shall be governed
<br />by the following provisions:
<br />Possession and Use: Until in default, Grantor may remain in possession and control of and
<br />operate and manage the Property and collect the Rents from the Property.
<br />Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly
<br />perform all repairs, replacements, and maintenance necessary to preserve its value.
<br />Hazardous Substances. The terms "hazardous waste," "hazardous substance," "disposal,"
<br />"release," and "threatened release," as used in this Deed of Trust, shall have the same
<br />meanings as set forth in the Comprehensive Environmental Response, Compensation, and
<br />Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et SeMc . ( "CERCLA "), the
<br />Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99 -499 ( "SARA "),
<br />the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource
<br />Conservation and Recovery Act, 49 U.S.C. Section 6901, et M., or other applicable state
<br />or federal laws, rules, or regulations adopted pursuant to any of the foregoing. Grantor
<br />represents and warrants to Beneficiary that: (i) during the period of Grantor's ownership of
<br />the Property, there has been no use, generation, manufacture, storage, treatment, disposal,
<br />release or threatened release of any hazardous waste or substance by any person on, under,
<br />or about the Property; (ii) Grantor has no knowledge of, or reason to believe that there has
<br />been, except as previously disclosed to and acknowledged by Beneficiary in writing, (a) any
<br />use, generation, manufacture, storage, treatment, disposal, release, or threatened release of
<br />any hazardous waste or substance by any prior owners or occupants of the Property, or (b)
<br />any actual or threatened litigation or claims of any kind by any person relating to such
<br />matters; (iii) except as previously disclosed to and acknowledged by Beneficiary in writing,
<br />(a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property
<br />shall use, generate, manufacture, store, treat, dispose of, or release any hazardous waste or
<br />substance on, under, or about the Property, and (b) any such activity shall be conducted in
<br />compliance with all applicable federal, state, and local laws, regulations and ordinances,
<br />including, without limitation, those laws, regulations, and ordinances described above.
<br />Grantor authorizes Beneficiary and its agents to enter upon the Property to make inspections
<br />and tests as Beneficiary may deem appropriate to determine compliance of the Property with
<br />this Section of the Deed of Trust. Any inspections or tests made by Beneficiary shall be for
<br />Beneficiary's purposes only and shall not be construed to create any responsibility or liability
<br />on the part of Beneficiary to Grantor or to any other persons. The representations and
<br />Tracking No. 200012011 -NEB
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