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201605323 owns a leasehold interest in the Land, and Zitski is the record owner of the Land; and (e) this fixture filing covers proceeds and products of the Fixtures. Section 3.01. Representations and Warranties. Trustor warrants: (a) Trustor holds a leasehold interest in the Land and the Improvements in accordance with the Leasehold Agreement; (b) this Deed of Trust creates a second mortgage lien on the Property, second only to the "Deed of Trust" as that term is defined in the Zitski Credit Agreement; and (c) except for Permitted Liens, Trustor owns any Personalty associated with the portion of the Land leased by Trustor free and clear of any security agreements, reservations of title, or conditional sales contracts, and there is no presently effective financing statement affecting such Personalty on file in any public office. Section 3.02. Maintenance and Preservation of Property. Trustor shall keep the Property in good condition and repair, ordinary wear and tear excepted, and shall promptly: (a) observe and perform all obligations of Trustor under the Leasehold Agreement, and reasonably preserve and protect the leasehold estate and its value; (b) perform all repairs, replacements, and maintenance reasonably necessary to preserve its value; (c) complete or restore in good and workmanlike manner any portion of the Property that may be damaged or destroyed; and (d) pay, when due, all claims for labor performed and materials furnished on or to the Land or Improvements, and any and all other claims that could result in a lien on the Property or any part thereof. Trustor shall not commit waste or permit impairment or deterioration of the Property. Subject to Section 3.05 and Section 3.06 hereof relating to contests, Trustor shall comply with all present and future statutes, laws, rules, orders, regulations, and ordinances affecting the Property, any part thereof, or the use thereof, and Trustor shall comply with all cove- nants, conditions, and restrictions filed of record against the Land or the Improvements. Section 3.03. Actions Affecting Property. Trustor shall appear in and contest any action or proceeding purporting to affect the Property or the rights or powers of Beneficiary or Trustee hereunder, and shall pay all costs and expenses, including the cost of evidence of title and attorneys' fees, in any such action or proceeding in which Beneficiary or Trustee may appear. Should Trustor fail to make any payment or do any act as and in the manner provided in any of the Loan Documents, Beneficiary or Trustee, each in their own discretion, without obligation to do so and after written notice to or demand upon Trustor and without releasing Trustor from any obligation, may make or do the same in such manner and to such extent as either may deem necessary to protect their respective interest in and to the Property. Section 3.04. Site Visits, Observation, and Testing. Beneficiary and its agents and representatives have the right to enter and visit the Property at any reasonable time upon reasonable advance notice (except upon an Event of Default, when no notice is required) for the purposes of observing it, performing appraisals, taking and removing soil or groundwater samples, and conducting tests on any part of it, and as otherwise provided in the Credit Agreement. After any testing, Bank shall reasonably restore the Property to its condition immediately prior to the testing. FNBO /Nova -Tech Leasehold Deed of Trust DOCS/1660400.5 ARTICLE III RIGHTS AND DUTIES OF THE PARTIES 6