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2� 1 ��5515
<br /> may be us�d to pay for �econst�uction of the destroyed improvernents. Such insurance will be in an
<br /> amaunt at least equal t� the lesser �f fihe I�an balance, the a��ual cash value of the Praperty, or �he
<br /> r�eplacernen�cast of the Property, and will at a minimum,cave�-�osses caused by fire, lightning, explasion,
<br /> rivt, aircraft, vehicles, vanda�tsm, c�vil cvmmation, smoke, winds�orm, an� hail. Trus�or will ab�ain and
<br /> keep fload insurance in force to c�ver �asses by flood as r�quired by Lender and by the National Fl�od
<br /> Insurance Act of '1958, as amended, and by regula#ions implementing the same. Trustor furthe�-agrees
<br /> that Lender is nat and will nvt be liab�e for any failure by Trustor o� by any �nsurer, fvr whatever reason,
<br /> ta ob�ain and keep this insuran�e in fo�ce. Trustvr shall gi�e written notice �o Lender immediately af any
<br /> cancellatian, terminati�n or material modifi�ativn vf any such insurance. [f Trustor fa�is ta maintain the
<br /> cvverage described ab�ve, Lender may, at Lende�'s aptian, o�tain ca�erage�v pr��ec�Lende�'s �igh�s in
<br /> the Property acc�rding to the terms vf this trust deed.
<br /> 3. To ke�p all buildings, fixtures, attachments, and ��her improvements nvw on or hereaf#er placed on
<br /> the Real Praperty occupied and in good repair, maintenan�e, and cond�tion and tv neithe� cammit nvr
<br /> permit any ac�s af waste vr any impairment of the �alue of the P�-vperty. Trus�ar shall n�t remove ar
<br /> �lemolish any imprvvement without p�-iar written appro�ra� of #h� Lender. Trusfor shall give immediafe
<br /> notice �o L�nder of any material damage fv or constructian on ar re�ated to any of fhe Property. Lender
<br /> may enter u pon the Real Property to ins�ec��he same or to perform any acts authorized herein a�in the
<br /> L�an Documen�s. Any inspections, reports o� samples conducted by Lende� shall be for their own use
<br /> and b�ne€it, and Lender shall nat be requEred tv disclase the �esu�ts of any �nspectians�o Trustor far any
<br /> reason, �-egardless of whether Lender has done so on any othe�-o�casi�n unless Lender agrees to d�sa
<br /> in a separafe writing. Trus�vr is �espansible far monitor�ng, pr'eserving and inspec�ing fhe Praperty
<br /> �ndependenfly a� Lender, and Lender makes n� rep�esentation, statem�nf or warranty regarding fhe
<br /> ac�uracy of any inspection, reparts or statemen�s related ta fhe Property's cvndition, quantify, or quality
<br /> of any na�ure, and Trustor agrees it shall not �ely upon statements related the�et� made by a
<br /> represen�ative�f Lender.
<br /> 4. That Trustor is, and shall continue �a be, duly organized, valid�y existing and iegally qualified ta dn
<br /> business under the laws of the sta�es in which Trus�ar aperat�s, in compliance `nrith federa�, sfate and
<br /> local laws or regulations, and ha�e legal authority in such sta�es tv conduct Trustor's busin�ss operations
<br /> and tv awn agricultu�aE real estate. No change has been mad� in fhe name, a�vnership, con�rol,
<br /> relativnship, legal sta�us, or organizat�onal and formation documents of any undersigned since the time
<br /> any such infa�mation was last prvv�ded�o Lender.Any borrowing res�lut�on or similar documenf provided
<br /> �o the Lender, whe�her an Lender's f�rm �r otherwise, has been ex�cu�ed �y all thase with an ownership
<br /> inferest in the Trus�a�'s entity and such designated signor as set forth in the borrowing resolution is du�y
<br /> authorized fo execute any and a[I L�an Documents vn behalf the enti#y, including this trust de�d.
<br /> �.All known sourc�s �f existing or poten�ial environmental contamination an �r near any R�al P�operty
<br /> awned vr operated by Trustor has �een fully disclased �o Lender; the operati�ns of Trustor comply, and
<br /> during �he ferm of this trust deed will at a�l times compCy in a�� res�ects, with all environmental �aws;
<br /> Trustar has obtain�d and will maintain all �icenses, permits, authorizati�ns and r�gistrations required
<br /> under any environmental law and nec�ssary far its ordinary caurse operations, all such en�irvnm�ntal
<br /> permits are in gv�d standing, and Trustar is in compliance with all material terms and con�i�ians ❑f such
<br /> environmental pet�mits; nei�her Trustor nv� any of its present P�vperty or operations is subject �o any
<br /> outsfanding wriften vrder frvm or agreement with any g�vernmenta� au�h�r�ty�r subject�v any judicial ar
<br /> dacke�ed administrative proceeding, respec�ing any environmental law, environmenfal claim or
<br /> hazardous material; there are nv hazardous maferia�s or a�her conditions or circumstances existing, or
<br /> arising fram operatian� prior�o fhe date of�his tir�ust �leed, with respe�t t� any Praperty af Trustor fhat
<br /> would reasanably be expected t�give rise tQ mat�riai en�ironmental claims. ln addition,Trustor shall hold
<br /> Lender harmless fram any liability for en�ironmenta� waste ar cantamina�ivn �n any Property owned or
<br /> operated by Trustor or�iability imposed as a consequence by reason vf Trus�vr's activities and�rill defend
<br /> and indemnify Lender agains�afl claims, Iosses, liabilifies, and expenses incu�red by Lender as a resuEt
<br /> ther�of. This c�venant will survive can�e�lation, expirafian o�termina�ion o�this trus�deed.
<br /> fi. Each of fhe f�llawing shall constitute an event af default:
<br /> a. Failure t� make any paymen�when due undeT any Loan Document ❑r o�her�bligation secured by
<br /> this trust deed.
<br /> b. Fai�ure fo pay any liens, judgmen�s, assessments, taxes, rents, fees, or charges �r maintain any
<br /> insu�an�e �n the Property, buil��ngs, fixtures, attachmen�s, ❑r improvements as provided in this trust
<br /> deed, �r�n any❑ther Loan Document.
<br /> App#:54�G1 Z7, CIF#:6878��; Note#;3�4700� 220K5 Legal Qoc.Date:August�5,�0�6
<br /> F�RM 5���,Trust❑eed and Assignment af Rents Page 4 of 8
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