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2� 1 ��313�
<br /> DEED �F TIRU�T
<br /> Laan Nv: 'I�'1�958[�� tCon�inuedj Page �
<br /> Borrower or Trus�ar wheth�r or not the adWan�es are made pursuant�o a commitmen�, Specifically, withou� limi�atian,
<br /> this D�ed of Trust secures, in addition �to the am�un�s specified in the Note, all futur� amaunts Lend�r in its discre�tion
<br /> may I�an �0 6orrower or Trus�ar, �age�her with all in�erest thereon.
<br /> Trust�r pres�ntly assigns to Lender {also Icn�wn as Beneficiary in this Deed of Trust} all of�rustor's righ�, ��tle, and
<br /> interest in and ta all present and �uture leases o� the Property and all Rents frvm th� Prop��ty. In add�tion, Trustor
<br /> �ran�s�o Lender a Uni�orm Commercial Cade security interest in the Personal Property an� Rents.
<br /> THIS DEED DF TRUST, INCLUDING THE ASSiGNMENT 4F RENTS AIV❑THE SECURITY INTE�:EST IN THE REl1�TS AND
<br /> PERS�NAL PR�PERTY, 1S G1VEN T� SECURE (A] P�4Y�VIENT �F THE INaE�TEDNESS AND �B� PERF�RIVIAN�E �F
<br /> ANY AND ALL aBL��ATI�NS UNQER THE NaTE, THE RELATE❑ D�CUIVIENTS, AND TH[S DEE�3 UF TFiUST. TH15
<br /> DEED❑F TRUST i5 GIVEN AND AGCEPTED aN THE F�LLQW[N�TERMS:
<br /> TRUSTaR'S REPRESENTATI�NS AN� VIJA�iR►4NTIESe Trustor warrants that: {a} �this Deed of Trust is ex�cuted at
<br /> Borrower's request and not a� �h� request of L�nder; �b} T�us�or has th� �Fu�l pow�r, right, and auth�ri#y tv enter int�
<br /> this Deed of Trust and to hypathecate �he Proper�y; �c� the proWisions af this Deed ofi Trust do not conflict with, ar
<br /> result in a default under any agreement or other �ns�rumen� binding upan Trustar and do n�� result �n a vi�lation ofi any
<br /> law, regu�ati�n, court decree or ard�r appEicable to Trustar; {dy Trustor has es�ablished adequate means af obtaining
<br /> �rorn Borrow�r on a c�ntinuing �asis in�armati�n about Borrov►rer's financial condi�ion; and 4ef Lender has made no
<br /> representation�a Trustar abaut B�rrower �including withaut limi�a�ion the creditworthiness o�Qvr�ower�.
<br /> TRUST�R'S WAIVERS. Trustor waiWes all rights ar detenses arising by reason of any "one a�tion" ar "anti-deficiency"'
<br /> [aw, or any o�ther law vuhich may pre�ent Lender fr�m bringing any action against TrustQr, �ncludEng a claim far
<br /> de�iciency ta �he extent Lend�r is o�herwise entitled to a cla[m f�r de�i�iency, b�fore ar aft�r Lender's commenc�ment
<br /> or completivn of any foreclosure actian, either ju�licially ar by exercise of a pawer of sale.
<br /> PAYMENT AND PERF�R11lIAIVCE. Except as vtherwise pra�id�d in this Deed vf Trust, Borraw�r and Trustor shall pay to
<br /> Lender all Indebtedness secured by �his ❑�ed of Trus� as it beGomes due, and �o�rower and Trustor shall stric�ly
<br /> perform all their resp�ctiW�obliga�tions under th� Na�e, this ❑eed of Trust, and�h� Relafed Dacuments.
<br /> P�SSESSIC]N aND MAINTEIVAN�E �F THE PR�PERTY. Borrawer and Trustor agr�e tha� Barrvwer's and Trus�vr's
<br /> p�ssession and use af th� Prvper�y shal! be gov�rn�d by the following pro�isions:
<br /> Possession and Use. Until the accurrence of an Event o� Default, Trustor may �1 y remain in pass�ssian and
<br /> �ontrol of the Property; ��� use, opera�e or manage the Proper�y; and {3} colfect the Rents fram fihe Proper�ty.
<br /> Du�y �to il�llaintain. Trustor shal� maintain �he Property in tenantable condition and promptfy perform a!I repairs,
<br /> r�p�aGements, and maintenance ne�essary to pr�serWe its value.
<br /> Compliance With Environmenta! Laws. Trustor repr�sents and wa�rants t� L�nder that: {�� During the period of
<br /> Trustor's ownership❑f�he Pr�perty, there has been no use, generatian, manufactur�, storage, treatment, disp�sal,
<br /> release ar threatened releas� o� any Ha�ardvus 5ubstance by any persan on, under, abou� or from the Praperty;
<br /> {�} T�rus�or has n❑ knowled�e of, ar reas�n to belie�e that �here has been, exc�pt as pre�ivus[y disc��sed to and
<br /> acknowledged by Lend�r in writing, ta} any breach or Wi�lativn ❑f any En�ironmental Laws, {bS any use,
<br /> generati�n, manufacture, s�ara�e, treatmen�, disposal, release vr �hrea�ened release �f any Hazardous 5ubstan�e
<br /> on, under, abou� ❑r from �the Property by any prior awners or �ccupants of the Pr�perty, or �c} any ac�ual or
<br /> �hreatened litigation or c�aims of any kind by any person r�la��ng to such matters; and {3} Excep� as pre�iausly
<br /> disclased ta and acknvwledged by Lender in wrEting, �a� neither Trustor nor any tenant, contrac�or, agen�k or o�her
<br /> authvri�ed user af�he Property shall use, gen�rate, manu�fa�ture, store, �reafi, �ispose of or releas� any Hazardous
<br /> Substance on, und�r, about or�rvm the Proper�y; and {b� any such actiWity shall be �onduct�d in compiiance wi�h
<br /> all appli�able federal, sta#�, and Iv�al laws, regula�ions and ordinances, including without limitatifln ali
<br /> Environmen�a� Laws. Trustor authorizes Lender and its agents ta ent�r upon the Proper�y to make such
<br /> inspec�ions and t�sts, at Trusfo�-'s exp�ns�, as Lender may deem apprapriat� to d�term�ne c�mp[iance of the
<br /> Prop�rty with this section of �he Deed of Trust. Any inspec�ions or tes�s mad� by Lender shal� be f�r Lender's
<br /> purposes only and shall not be constru�d to create any responsibili�y or iiabiii�y on the part a� Lender to Trustvr or
<br /> ta any ather person. The repr�senta�ions and warran�ies cvntained herein are based on Trustor's du� diligence in
<br /> in�estigatin� the Property for Hazardous 5ubstances. Trustor h�rehy �1� releases and waives any future c�aims
<br /> against Lender for indemnity or contribution in �he event Trus�or becomes liabl� for cleanup or �ther costs under
<br /> any su�h laws; and {�} agrees �o indemnify, ds�end, and h�id harmless Lender against any and all claims, losses,
<br /> ��abiiities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suf�er r�suiting from
<br /> a breach af this sectian of the Deed of Trust or as a consequ�nc� af any use, generativn, manu�ac�ure, storage,
<br /> disposal, release or fihreatened release o�curring prior tv Trustor's ownership or in�erest in the Property, wh�ther ar
<br /> not th� same was or should ha�e been known �� Trustor. The pro�is�ons of this section of the Qeed of Trus�,
<br /> inc[u�ing th�o�ligat�on to indemnify and de�end, shall sur�i�e the payment of�he Indebt�dness and the satisfactian
<br /> and recanv�yance �f�he I�en vf this Deed of Trust and shall not be affected �y Lend�r's acquisifiion af any interest
<br /> in the Property, whether by for�c�osure or athe�wise.
<br /> Nuisance, W1laste. Trustor shalE not cause, conduct ❑r permit any nuisance nor camm�t, p�rmi�, or suf�er any
<br /> stripping of �r wast� on or to the Proper�y or any po�-tian of the Property. Wi�khaut limiting �the generality ofi �he
<br /> foregoing, Trus�or wifl not remoWe, ar grant�o any other party�he right to remave, any�imber, minerals tincluding
<br /> oil and gas}, coal, clay, scoria, soil, gra�e� or r�ck producfis withou�Lender's prior wri�ten cansent.
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