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FNBO /Nova -Tech
<br />Deed of Trust
<br />DOCS/1660316.5
<br />6
<br />201605326
<br />title, or conditional sales contracts, and there is no presently effective financing statement
<br />affecting such Personalty on file in any public office.
<br />Section 3.02. Maintenance and Preservation of Property. Trustor shall keep the
<br />Property in good condition and repair, ordinary wear and tear excepted, and shall promptly:
<br />(a) perform all repairs, replacements, and maintenance reasonably necessary to preserve its
<br />value; (b) complete or restore in good and workmanlike manner any portion of the Property that
<br />may be damaged or destroyed; and (c) pay, when due, all claims for labor performed and
<br />materials furnished on or to the Land or Improvements, and any and all other claims that could
<br />result in a lien on the Property or any part thereof. Trustor shall not commit waste or permit
<br />impairment or deterioration of the Property. Subject to Section 3.05 and Section 3.06 hereof
<br />relating to contests, Trustor shall comply with all present and future statutes, laws, rules, orders,
<br />regulations, and ordinances affecting the Property, any part thereof, or the use thereof, and
<br />Trustor shall comply with all covenants, conditions, and restrictions filed of record against the
<br />Land or the Improvements.
<br />Section 3.03. Actions Affecting Property. Trustor shall appear in and contest any action
<br />or proceeding purporting to affect the Property or the rights or powers of Beneficiary or Trustee
<br />hereunder, and shall pay all costs and expenses, including the cost of evidence of title and
<br />attorneys' fees, in any such action or proceeding in which Beneficiary or Trustee may appear.
<br />Should Trustor fail to make any payment or do any act as and in the manner provided in any of the
<br />Loan Documents, Beneficiary or Trustee, each in their own discretion, without obligation to do so
<br />and after written notice to or demand upon Trustor and without releasing Trustor from any
<br />obligation, may make or do the same in such manner and to such extent as either may deem
<br />necessary to protect their respective interest in and to the Property.
<br />Section 3.04. Site Visits, Observation, and Testing. Beneficiary and its agents and
<br />representatives have the right to enter and visit the Property at any reasonable time upon
<br />reasonable advance notice (except upon an Event of Default, when no notice is required) for the
<br />purposes of observing it, performing appraisals, taking and removing soil or groundwater
<br />samples, and conducting tests on any part of it, and as otherwise provided in the Credit
<br />Agreement. After any testing, Bank shall reasonably restore the Property to its condition
<br />immediately prior to the testing.
<br />Section 3.05. Taxes and Assessments. Trustor shall pay prior to delinquency all
<br />taxes, levies, charges, and assessments (individually and collectively, an "Imposition "),
<br />imposed by any public or quasi - public authority or utility company that are (or if not paid, may
<br />become) a lien on all or part of the Property or any interest in it, or that may cause any decrease
<br />in the value of the Property or any part of it. Notwithstanding the foregoing provisions of this
<br />Section 3.05, Trustor may, at its expense, contest the validity or application of any Imposition by
<br />appropriate legal proceedings promptly initiated and conducted in good faith and with due
<br />diligence, provided that (a) Beneficiary is reasonably satisfied that neither the Property nor any
<br />part thereof or interest therein will be in danger of being sold, forfeited, or lost as a result of such
<br />contest, and (b) Trustor shall have posted a bond or furnished such other security as may be
<br />reasonably required from time to time by Beneficiary.
<br />Section 3.06. Liens, Charges, and Encumbrances. Except for Permitted Liens,
<br />Trustor shall not create, incur, or suffer to exist any lien, encumbrance, or charge on the Property
<br />or any part thereof that might or could be held to be superior or inferior to the lien of this Deed of
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