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2� 1 �� 1 �8� DEED �F TRUST Loan Nv: ��'i�94']4� {Continued� Page � plus interest therean, ❑f Trustor t❑ Lender, or any ❑ne o�' more af them, as welf as all claims by Lender against Trustor or any ❑n� �r more �f them, whether naw existing ❑r h�reafter arising, whether related or unrelated to the ��urpose of the Note, whether �oluntary or atherwise, whether due ar nt�t due, direct or indirect, determ�ned ❑r und�termined, absolu�e or contingent, liquidated ❑r unliquidated, whether Trustor may be liab�e indi�idually or jointly with others, whether ❑bligated as guarant�r, surety, accammodatian party or otherwise, and wh�ther reco�ery upon suc�� amaunts may be or herea�ter may became harred by any statute of limitatians, and whether the abligation to repay such amounts may be or hereafter may become otherwise unenforceahle. FUTURE ADVANCES. In additian �o th� Note, this D�ed o�Trust secures all future ad�ances made by Lender to Trustor whether ❑r n�t the ad�an�es are made pursuant ta a commitment. Speci�+cafly, without limitatian, this Deed of Trust secures, in addition ta the amounts specified in the Note, all future amounts Lender in its discretion may loan t❑ Trustor, together with all interest there�n. Trustor pr�s�ntly assigns t❑ Lender �also known as Beneficiary in this ❑eed of Trust} all ❑f Trustor's right, titie, and interest in and �o all present and future leases �f the Property and all Rents from the Property, !n addition, Trustar gt'ants to Lender a Uniform Cammercial Cade security interest in th� Personal Property and Rents. THiS DEED aF TRUST, INCLUDING THE A551GNMENT �F RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSQNAL PRQPERTY, IS ��VEN T�] SECURE �Ay PAYMENT �F THE lNDEBTEDNESS AND �B� PEF�F�RN1ANCE �F ANY AND ALL �BL�GATIDNS UNDER THE N�TE, THE RELATED D�CUMENTS, AND THIS DEED aF TRU�T. THlS DEED �F TRUST IS GIVEN AND ACCEPTED �N THE FDLL�INING TERMS: PAYMENT AN❑ PERF�RMANCE. Except as atherwise pro�ided in this Deed of Trust, Trust�r shall pay to Lender a!I amoun�s secured by this Deed of Trust as they be�ome due, and sha�l strictly and in a timely manner perform all af Trustor's obligatians under the N�te, this Deed ❑f Trust, and the Re�ated ❑ocum�nts. P�SSES5I�N AND 11JIAINTENANCE OF THE PRC]PERTY. Trustor agrees that Trustor's possessian and use �f the Property shall be ga�erned �y the following pro�isions: Passession and Use. Until th� ❑ccurren�e ❑f an E�ent of ❑efault, Trustor may �1� remain in passession and cantrol ❑f the Praperty; ��} use, ap�rate or manage the Property; and t3� collect the Rents from fihe Praperty. Duty to Maintain. Trustor shall maintain the Praperty in tenantable condition and promptfy perform ail repairs, replacements, and maintenance necessary to preser�e its �alue. Compliance With En�irvnmental Laws. Trustor represents and warrants t❑ Lender that: �1� During the period ❑f Trustar's �wnership of the Property, there has �een na use, generation, manufa�ture, storage, treatment,, disposaf, release ❑r threatened re�ease o� any Hazardaus Substance by any pe�son on, under, about or from the Property; �� Trustor has na knowledge ❑f, ar reason to belie�e that there has be�n, except as pre�i�usly disclos�d to and acknowledg�d by Lender in writing, �a� any breach ❑r �iolation of any En�ironmental Laws, �b7 any use, gen�ration, manufacture, storage, treatment, dispasal, release ❑r threatened release of any Hazardaus Substance �n, under, about ❑r fram the Prop�rty by any priar owners ❑r ❑ccupants of the Property, or �cy any actual or threat�ned litigatian or claims of any kind by any persan relating to such matters; and �3� Except as pre�iousEy disclosed t� and acknow�edged �y Lender in writing, �a} neither Trustor nQr any tenant, can�ractar, agent or other auth�ri�ed user of the Property shall use, generate, manufacture, stare, treat, dispase ❑f ar release any Hazardaus Substance on, under, about ar fram the Property; and �b} any such acti�ity shall be conducted in ��mpliance with all applicable federal, state, and local laws, regulations and ordinances, incfuding without limitation all En�ironmentaf Laws. Trus�ar autharizes Lender and its agents �❑ enter upon the Property to make such inspe�tions and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance �f th� Property with this section of the ❑eed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes onfy and shall not be construed t❑ create any responsi�ility or liability ❑n the part nf Lender t❑ TruStar ❑r t❑ any ❑ther persan. Th� representations and warranties contained her�in are based on Trustor's due duligence in in�estigating the Property �or Ha�ardous Substances, Trustor hereby �1 y re�eases and wai�es any future claims against Lender far indemnity or con�ri�ution in th� e�ent Trustor be�omes liable for cleanup ar other Gc�sts under any such laws; and �2y agre�s to indemnify, defend, and h�ld harmless Lender against any and all cfairr,s, lasses, liabilities, damages, penalties, and expenses which Lend�r may dir�ctly ar indirectiy sustain ❑r sufter resu�ting from a breach of xhis section of the Deed of Trust ar as a cansequence of any use, generation, manufacture, storage, dispasal, release or threatened release o�curring priar t❑ Trustor's ownership❑r interest in the Property, whether or not the same was or shouid ha�e been known t❑ Trustor. The pro�isi�ns af this se�tion ❑f the Deed ❑f Trust, including the obligation to indemnify and defend, shall sur�i�e the payment o�th� Indebtedness and the s�tisfaction and re�on�eyance of the lien of this Deed ❑f Trust and shall not be affected by Lender's acquisiti�n o� ar,y interest in the Praperty, whether by �areclosure ❑r otherwise. Nuisance. Waste. Trustor shall nat cause, conduct or permit any nuisance nor �ammit, permit, ❑r suffer any stripping of or waste on or t❑ the Property ar any portian ❑f the Praperty. Wi�hout limiting the generality of the foregaing, Trustar wi�� not remo�e, or grant to any ather party the right ro remo�e, any timber, minerafs �including qil and gasy, coal, clay, scoria, sail, gra�el ar r�ck products without Lender's prior written consent. Remo�al ❑f Imprvvements. Trustor sha!! not demolish❑r remo�e any Impro�ements fram the Real Prope�ty without Lender's priar written consent. As a cond�tion t❑ the rema�al of any Impro�ements, Lender may require 'Trustor to make arrangements satisfa�tory to Lender to repla�e such Impro�ements with Impro�ements af at least �qual �aiue.