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2� 1 ��5542
<br /> DEED �F TRUST
<br /> �Contfnued� Page Z
<br /> En�ironmental Laws. Trustor authorizes Lender and its ag�nts t❑ enter upon the Prvperty #o make su�h
<br /> inspections and tests, at Trustor's expense, as L�nder may ds�m apprvpriate to determine campliance of the
<br /> Pr�perty with this section of the Deed af Trust. Any inspections or tests made by Lender shafl be for Lender's
<br /> purposes❑nly and shal� nat be construed to �reate any responsibility or liability vn the part a#Lender to Trustor vr
<br /> to any other person. The representations and warranties contained herein are based ❑n Trustar's due diligence in
<br /> in�estigating the Prvp�rty fvr Hazardous 5ubstances. Trustvr hereby �1) releases and wai�es any future claims
<br /> against Lender f�r indemnity or contributi�n in the e�ent Trustor hecames liahle far cleanup vr other costs under
<br /> any su�h laws; and (2� agrees to indemnify, defend� and hold harmless Lender against any and alt�laims, iosses,
<br /> IiabElfties,darnages, penalties, and expenses►►vhi�h Lender may directly or indirectly sustain o�suffer�esulting from
<br /> a breach of this section �f the ❑eed o#Trust vr as a cansequence af any use, gen�rativn, manufacture, stvrage,
<br /> dispasal, release vr threatened release occurring prior to Trustvr's own�rship or int�rest in the Property, whether or
<br /> not the same was or shauld ha�� b�en known to Trustor. The pra�isions of this section of the Deed vf Trust,
<br /> including the obligation ta indernni#y and defend, shall survi�e the payment of the indebtedness and the satisfaction
<br /> and recvn�eyance of#he lien of th�s Deed of Trust and shall not be affe�ted hy Lender's acquisitran a#any interest
<br /> in the Prap�rty, whether hy#orec�osure ar ath�rwise.
<br /> Nuisance. UVaste. Trustvr shall not cause, conduct ar permit any nuisance nor commit, permit, vr suffer any
<br /> stripping of or waste on or t❑ the Property or any portion vf the Property. Without �imiting the generality of the
<br /> foregoing, Trustor wi!! not rema�e, or grant to any other party the right to remo�e, any#imber, minerals tincluding
<br /> oil and gasf,coa1, c#ay, scvria, soii, gra�el vr rock prvducts without L�nder's prior written consent.
<br /> Remv�al of lmprv�emeMs. Trustor shall nvt demalish or remv�e any Imprv�ements#rvm the Real Property without
<br /> L�nder's prior written cvnsent. As a cvnditian t❑�he rem��ai of any Irnpro�ements, Lender may require Trustor to
<br /> make arrangements sa�tisfa�tory to Lender to replace such Imprv�ements with Impro�ements vf at least equa!
<br /> �alue.
<br /> Lender's Right to Enter. Lender and Lender's agents and representati►►es may enter upon the I�eal Property at all
<br /> reasonable times to attend to Lender's interes#s and tv inspect the Real Property for purposes v# Trustor's
<br /> c�mp#ian�e with the terms and conditions vf this De�d af Trus#.
<br /> Compliance with Ga�ernmental Requirements. Trustor shall promptly c�mply with all laws, ordinances, and
<br /> regulations, now or hereafter in ef#ect, of all go�ernmen#al au#hvrities appitcable to the use or occupancy of the
<br /> Prvperty, inciuding without limitation, the Americans INith Disabi�ities Act. Trustvr may cvntest�n good faith any
<br /> such law, ordinance, ar regulation and withhald compliance during any proceeding, inciuding appropriate appeals,
<br /> s❑ Ivng as Trustor has nvti�ied Lender in writing privr ta dving sv and sa�ong as, in Lender`s sole opinion� Lender's
<br /> �nterests in the Property are not jevpardized. Lender rnay require Trustor tv post adequate security or a surety
<br /> bond, reasonably satisfactory to Lender,to protect Lender's interest.
<br /> Duty to Protect. Trustor agrees neither ta abandon or lea�e unattended the Pr�perty. Trustvr shall do all other
<br /> acts, in additivn to thase ac#s set forth ab��e�n this se�tion, which fram the chara�ter and use vf the Property are
<br /> reasonably necsssary to protect and preser�e the Prop�rty.
<br /> TA]CES AN� LIENS. The following provisions relating tv the taxQs and liens on the Prap�rty are part v# this Deed ❑f
<br /> Trus#:
<br /> Payment. Trustar shall pay when due tand in all events prior to delinquencyy all taxes, special t�xes, assessments,
<br /> charges �in�luding water and sewery, fines and impositions le�ied against or on accvunt of the Praperty� and shall
<br /> pay when due all claims for work done an ar for ser�ices rendered or material furnished ta th� F'roperty. Trustor
<br /> shafl maintain the Property free af all liens ha�ing priority o��r vr equal to the interes�of Lender under this Deed of
<br /> Trust, ex�ept fvr the lien of taxes and assessments nQt due, exc�pt for the Existing Indebtedness referred �a
<br /> below, and except as otherwise pro�ided in this Deed�f Trust.
<br /> Right to Contest. Trustar may withhald payment af any tax. assessrnent.ar�iaim in cvnnection with a gaod faith
<br /> dispute v�er the obliga#ion tv pay,s❑lang as Lender's interest in the Prop�rty is nat#eopardi�ed. If a iien arises or
<br /> is filed as a result of nonpayment, Trustor shal! within fi�teen �15� days a#ter the lien arises nr, if a lien is filed,
<br /> within fifteen �i 5y days after Trustor has notice of the filing, se�ure the discharge vf the lien, or if requested k�y
<br /> Lender, depvsit with L�nder cash or a sufficient carporate surety bond or vther security satisfactory to Lender in an
<br /> amount sufficient t�discharge the lien plus any �osts and attvrneys' fees, vr oth�r charges tha#�ould accrue as a
<br /> result of a foreclosure or sale under the lien. �n any�ontes#,Trustor shall defend itsQlf and Lender end shall satisfy
<br /> any adverse judgment k�ef�re enfo�cement against the Praperty. Trustor shall name Lende�as an addi�ional nbligee
<br /> under any surety bond furnished in the contest proceedings,
<br /> E�idence of Payment. Trustor shall upvn demand furnish�o Lender satisfiactory e�idence of paymen#af the taxes
<br /> or assessments and shall authorize th� appropriate go�ernmental af�icial ta deliver to Lender at any time a written
<br /> statement of the taxes and assessments against�he Property.
<br /> Notice vf Canstruction. Trustor shall notify Lender at leas# fifteen �15y days be�ore any work is commenced, any
<br /> ser�i�es are furnished, or any materials ar� suppli�d t❑the Property, if any mechanic's lien, materialmen's lien, or
<br /> other lien c�uld be asserted on a�count v# the wark, services, or materiats. Trustor wiil upon request af Lender
<br /> furnish to Lender ad�ance assurances satisfa�tory ta Lender that Trustar can and will pay the cost af such
<br /> impro�ements.
<br /> PR�PERTY DAMAGE INSURANCE. The following pro�isions relating to insuring the Property ar� a part vf this Deed of
<br /> Trust.
<br /> Maintenance vf Insurance. Trustor shall procure and maintain po�icies ❑f fire insurance with standard extended
<br /> cv�erage endorsements on a fair ►►alue bas�s fvr the fuli insurable �alue ea�ering all Imprv�ements on the Real
<br /> Property in an amount sufficient t❑ a�oid application of any coinsurance clause, and with a standard rnortgag�e
<br /> ciause in fa�or of Lender. Trustor shall also procure and maintain campreh�nsi�e general liebility�nsurence in such
<br /> co�erage amounts as Lender may request with Trustee and Lender being narned as additional insureds in such
<br /> liahility insurance palicies. Addit+ona#ly, Trustor shall rnaintain such �th�r insurance, inc�uding but not limited t❑
<br /> hazard, husiness interruptian, and boiler insurance, as Lender may reasanably requice. Pvli�ies shall he writ#en in
<br /> form, amounts, co�erag�s and basis reasonably acceptaf�ie �o Lender and issued hy a company vr compani�s
<br /> reasonably acceptable �a Lender. Trustor, upan �equest of Lender, will deli�er to Lender from time to time the
<br /> policies or certificates of insurance in farm satisfactory t❑ Lender� including stipulations that co�erages will not be
<br /> cancelled or diminished with�ut at�east thirty t3D) days prior written nvtic�ta Lender. Ea�h insur�nce policy also
<br /> shall include an endorsernent pro�iding that co�erage in fa�or o#Lender wil�not be imp�i�'ed in any way by any act,
<br /> omissivn or default vf Trustor or any vther person. Shvuld the Real Property be lacated in an�rea designated by
<br /> the Administrator of the Federal Ern�rgency Management Agency as a special flvod hazard arQ�, Trustvr agrees to
<br /> obta�n and maintain Federal Flood Insurance. 'tf a�ailable, far the full unpaid principal halance vf the Ioan and any
<br /> privr liens on the property securing the Ioan, up ta the maxirnum palicy limits set under the Nativnal Flood
<br /> Insurance Program,vr as othecw�se required by Lender, and to maintain such�nsurance�ar the term vf the loan.
<br /> Appliceti�n Qf Proceeds. Trustor shall prvmptiy notify Lsnder of any Ioss or damage#a the Prvperty. Lender may
<br /> make proa# of Ioss if Trus#or fails to do sa within f�fteen �15y days of the casualty. Vllhether ar not Lendsr's
<br /> se�urity is impaired� Lender may, at Lender's election. recei�e and retain the pro�eeds of any insurance and apply
<br /> the proceeds ta the reduction of the Indebtedness, payrnent of any lien affe�ting the Property, or the res#oration
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