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2� 1 ��5191
<br /> DEED DF TRUST
<br /> Loan Na: "!�'I 2975'15 �Continued} Page �
<br /> TH1S DEED �F TRUST, [NCLUDING THE ASS[GNiVIENT �F RENTS AND THE SECURITY lNTEREST IN THE RENTS AND
<br /> PERS�NAL PR�PERTY, l5 GIVEN TQ SEGURE {A� PAYMENT QF THE �NDEBTEDNESS AND {B} PERF�RMANCE �F
<br /> ANY AND ALL DBL[GATI�NS UNDER THE NDTE, THE RELATED D�CUMENTS, AND THiS DEED �F TRUST. THIS
<br /> DEED �F TRUST IS GIVEN AND ACCEPTED QN THE FDLL�IN�NG TERMS:
<br /> PAYMENT AND PERFDRMANCE. Ex�ept as otherwise provided in this Deed of Trust, Trus�vr sha11 pay to Lender all
<br /> am�unts secured by this Deed o� Trust as they be�ome du�, and sha[f sfir�ctly and in a timely manner per�orm all of
<br /> Trustor's obligations under the N�te, this De�d of Trus�, and the Re�a�ed Do�uments.
<br /> PDS5ES5i�N AND MAiNTENANCE OF THE PR�PERTY. Trus�vr agrees that Trusto�'s pvssession and use of the
<br /> Property sha�1 be go�erned by the following pro�isions:
<br /> Possessjon and Use. Until the occurrence ❑f an E�ent of Default, Trusto� may �1� remain in pvssession and
<br /> control of the Property; ��} use, aperate or manage the Pr�perty; and �3} co[lect the Rents fr�m the Proper�fiy.
<br /> Duty tv Maintain. Trus�or shall maintain the Property in t�nantable conditian and promp�ly perform all repairs,
<br /> rep[acements, and mainfienance ne�essary to preser�e its�a[u�,
<br /> Compfian�e WE#h Environmenfiai Laws. Trustor represenfis and wa�-rants �o Lender�hat: {�} ❑uring �he period �f
<br /> Trustor's �wn�rship o�the Property, there has been no use, generatian, manufacture, storage, treatment, disposal,
<br /> re[ease or �hrea�tened release o# any Hazardvus 5ubstance by any person on, under, aboufi or from �he Prop�rty;
<br /> {2} Trustor has na know�edge of, ❑r reason to belie�e that there has been, ex�ept as previously disclos�d to and
<br /> acknowiedged by Lender in wrifiing, �a� any breach �r �io[at��n of any En�ironmental Laws, �b} any use,
<br /> generati�n, manufacture, stvrage, treatment, disposal, release o� threatened release ❑f any Hazardous Suhstance
<br /> vn, under, abvu� ❑r from the Proper�y by any priar owners or ❑ccupants af the Property, o�- {c� any a�tual ar
<br /> threaten�d litigation ❑r claims ❑f any kind by any persan relating to such ma�ters; and �3� Except as pre�iausly
<br /> disclosed t❑ and acknvwledged hy Lender in wr��ing, �aj nei�her Trus�or nor any�enant, contrac�or, agen�ar other
<br /> aufiharized user�f�he Property shall us�, genera�e, rina�ufac#ure, st�r�, #reat, dispose ❑f or release any Hazardous
<br /> 5ubstance ❑n, under, about or from fihe Proper�y; and {b� any su�h act��ity sha�� be �onducted in compliance v►�i�h
<br /> all applicab[e federal, state, and [ocal [aws, regufatians and ord;nances, including withaut limi�ativn a��
<br /> En�ironmen�a� Laws. Trustor authorizes Lender and its agents to enter upon the Prvperty to make such
<br /> inspe��tions and tests, at Trustor's expense, as Lender may deem appropriate to determine campliance af the
<br /> Property with this sectian o� the Deed of Trust. Any inspections ❑r �ests made by Lender shall be �o� Lender's
<br /> purpases vnly and sha[[ nv�be construed fo create any responsibility or liabi[ity �n the part o� Lender�o Trustor ar
<br /> t❑ any ather person. The representations and warranfiies contained her�in are based an Trus�ar's due diligence in
<br /> in�es�igating the Property fvr Hazardous Substan�es. Trustor hereby ��� r�[eases and wai�es any �uture c[aims
<br /> against Lender for indemnity ar con�ribu�ian in the e�en� Trustor becames [iabfe for cleanup or ❑�her casts under
<br /> any such laws; and {�} agrees t❑ indemnify, defend, and hold harmEess Lender against any and all claims, losses,
<br /> liabilities, damages, pena�ties, and expenses which Lender may direct[y❑r indire�tfy sustain or suffer resulting from
<br /> a brea�h vf fihis section �#the Deed af Trust or as a consequ�nce of any use, generat�on, manufacture, storage,
<br /> disposal, release❑r�hreatened re[ease o�curring priar t❑Trus�or's ownership ar interest�n fihe Property, whether or
<br /> not the same was or shvuld ha�e heen knvwn to Trus�or. The pro�isions of this sec�ion o� �he Deed o� Trus�,
<br /> including the ob�igafiivn to indemnify and defend, shaii sur�i�e th� payment o#the indebtedness and the satisfa�tion
<br /> and recan�eyance ❑f the lien of#his Deed vf Trust and sha[[ not be aff�cted by L�nder's a�quisition v�any interes�
<br /> in the Property, whether by fareclasure❑r�therwise.
<br /> Nuisance. Waste. Trustor shafi not cause, conduct ❑r permit any nuisance nar commit, permit, or suffer any
<br /> stripping of �r waste an or to the Property or any portion of the Property. With�ut iimiting the generality af �he
<br /> tv�egving, T�ustor will nvt remo�e, or grant to any ❑�her party the right�o remo�e, any timb�r, minerais {including
<br /> oi� and gas}, coaf, clay, scoria, soil, gra�el ar rock products wi�haut Lender`s prio�written consent.
<br /> Removal of Improvemen#s. Trustor shall nvt demalish or rema�e any [mprovements fram the Real Property withau�
<br /> Lende�'s prior writ�en consent. As a conditivn t❑the remo�al o�any lmpro�ements, Lender may require Trus�or to
<br /> make arrangements satis�acfiory fio Lender fio replace such lmp�-a�ements with Impro�ements ❑f at leas� equal
<br /> �alue.
<br /> Lender's Right fiv Enter. Lender and Lender's agents and representat�ves may enter upon �he Real Property at al[
<br /> reas�nabf� times �a attend ta Lender's interes#s and t❑ ir�spect the Real Property f�r purposes of Trustor's
<br /> compliance with�he terms and condifii�ns of this Deed �f Trust.
<br /> Compiiance with Governm�n#al Requiremen#s. Trustvr sha�l promptiy camply wi�h all laws, ordinanc�s, and
<br /> �-egula�ions, n�w or hereafter in e##ect, ❑# all go�ernmen�al authorities applicable to the use or �ccupancy �t the
<br /> Proper'�y, in�luding wifihout [im�fiation, the Americans With Disabili�ies Act. Trusto� may �ontest in good �ai�h any
<br /> such law, ❑rdinance, or regufativn and wi�hho[d comp[iance during any prviceeding, including appropria�e app�als,
<br /> so long as Trus�or has noti��ed Lender�n writing prior to d�ing so and so [ong as, in Lender's so[e opinion, Lender`s
<br /> interests in the Praperty are n�t jeopardi�ed. Lende� may require Trustar to post adequate security vr a surety
<br /> hond, reasonahly satisfactory t❑ Lender, to prvtect Lende�-'s int�r�st.
<br /> .
<br /> Du#y #o Protect. Trus�ar agrees nei�her t� abandon ❑r I�a�e unattended the Prop�rty. T�-ustar shall do all ❑ther
<br /> acts, in addEtEon to those ac�s set forth aba�e in fhis se�tion, which firom the character and use ❑f the Praperty are
<br /> reasona�ly necessary to prot�ct and preser�e the Property.
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