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2� 1 ��5774
<br /> DEED �F TRUST
<br /> Loan No: 1�'I�979�9 �Cantinued� Page �
<br /> DEED qF TRUST iS GlVEN AND ACCEPTED�N THE F�LL�II�ING TERMS:
<br /> PAY�1rIENT AND PERF�RMANCE. Except as ❑therwise pro�ided in this Deed of Trust, Trus�or shall pay to Lender all
<br /> amvunts secured by this aeed of Trust as they became due, and sha�� strictly and in a timely manner perform a[[ af
<br /> Trustar's❑bligatians under the N�te�this Deed ofi Trus�� and the Related Dacuments.
<br /> P�SSESSI�N AND lVIAINTENANCE �F THE PRDPERTY. Trustor agrees that Trustar's possessian and use at the
<br /> Property shall be go�erned by fihe�allawing provisians:
<br /> Possession and Use. Un�if the oc�urrence o� an E�ent ofi De�aultf Trus�or may {'�� remain in possession and
<br /> confirol af the Proper�y; �2} us�, operate or manage the Proper�y; and {3� col�ect�he Rents fram the Property.
<br /> Dufy to MaintaEn, Trustor sha�i main�ain the Prvperty in tenan�able candition and pr�mpt�y per�orm ai� repairs,
<br /> replacemen#s, and maintenan�e nec�ssary tv pr�s�rve its�alue.
<br /> Compliance With En�iranmenta� Laws. Trustor represents and warrants ta Lender that: �1� During �he period af
<br /> T�ustor's ownership ❑f fihe Property, there has heen n❑ use, gen�ration, manufacture, storage, treatmen�, disposal,
<br /> �elease �r threatened �elease ❑t any Hazardaus Substance by any person an, under, about �r from fihe Property;
<br /> t�y Trustor has no knowledge aff or �eason to belie�e fiha�there has been, except as pre�ivus�y disclased t❑ and
<br /> acknowledged �y Lender in writing, �a� any hreach or �iolatian of any Environmenta� Laws, {by any use,
<br /> gene�ation, manufacture, storage, treatment, disposal, release ❑r threatened release of any Hazardous Substance
<br /> on, under, about or fram the Property by any prior owners or ac�upants of the Property, a� {c� any actual ❑r
<br /> threatened litigat�on or c�aims v� any kind hy any person r�[a�ing ta such matt�rs; and t3� Ex�ept as pre�iously
<br /> disc�osed to and acknawledged by Lender in writing, �a} neither Trustor nor any tenant, confirac�nr� agent or other
<br /> authorized user af the Prvperfy sha�l use, generate, manufactur�, stare, tr�at, dispose of❑r rel�ase any Hazardaus
<br /> 5ubs�ance on, under, about❑r#rom �he Proper�y; and �b� any such acti�ity sha�{ be conducted in compliance with
<br /> all applicab[e tederal, state, and [oca� [aws, regu�atinns and ardinan�es, including without limitatian all
<br /> En�ironmenta! Laws. Trusto�- authorizes Lender and its agents t❑ en�er upon the Property tv make such
<br /> inspections and tes#s, at Trustor's expense, as Lend�r may deem appropriate to determine campliance ❑f �he
<br /> Property with this se�tion o� the Deed vf Trust. Any inspecti�ns or tests made by Lender shall be for Lender's
<br /> purposes only and shalE no� be construed t❑ create any respflnsibility or [iabi�Ety on the part o# Lender fi❑ Trustor ❑r
<br /> to any other person. The representations and warranties cantained herein are based ❑n Trustor's due dil�gence in
<br /> in�estigating the Proper�y fvr Hazardous Substances. Trust�r hereby �'1� r�l�ases and wai�es any fufiure �laims
<br /> against L�nder for indemni�y or contribution in the e�ent Trust�r becomes �iab�e for �leanup or o�her costs under
<br /> any such iaws; and {2} agrees to indemnify, defend, and hvld harm�ess Lender againsfi any and all c[aims, �osses,
<br /> liabilities, damages, p�nalties, and expenses which Lender may dire�tiy or indirect[y sustain vr suf�er resufting from
<br /> a breach af this sectEvn of the Deed of Trust or as a consequence of any use, generativn, manufacture, starage,
<br /> disposai, re�ease ar threatened re�ease❑ccurring prior to Trustor's vwnership or interest in the Praperty, whether or
<br /> not �he same was ❑r shou�d ha�e been knawn to Trus�or. The provisians af this section ❑f �h� ❑eed of Trust,
<br /> inc[uding the obligativn to indemnify and de�end, shall survi�e the payment of the lndebtedness and the sa�isfaction
<br /> and recan�eyance v�the lien of fihis Deed ��Trust and shall not�e af#ected by Lender's acquisi�ion of any infierest
<br /> in the Praper�y, whether by�oreclasure or ofiherwise.
<br /> Nuisance, 1Nas#e. Trus�or sha[l not cause, conduct ❑r permit any nuisance nor cammit, permit, or suf�er any
<br /> stripping ❑f ar waste ❑n ar tv the Properfiy or any portion ❑fi the Property. VIli�hvut �im�ting the generality ❑f the
<br /> foregoing, Trustor wiii nat remo�e, ar grant tv any afher party the right to remv�e, any timber, minera�s �incEuding
<br /> oiE and gasy. coa[, clay, scoria, soil. grav��or rock praducts without Lender's prior written c�nsenfi.
<br /> Remaval of Irnprovements. Trustar shall not demo[ish ar remo�e any impro�ements from the Rea[ Property without
<br /> Lender's privr wri�ten c�nsent. As a conditivn t❑�he remo�a[ o�f any [mpra�ements, Lender may r�quire Trustor�❑
<br /> make a�rangements satisfactory to L�nder to replace such Impro�ements with impro�ements vf at [east equa�
<br /> �aiue.
<br /> Lender's Righfi to Enter. Lender and Lender's agents and representati�es may enter upon the Real Properfy at al[
<br /> reasonable times t❑ attend tv Lend�r's interes�s and to inspect th� Rea) Property �F�r purposes ❑f Trustor's
<br /> compliance with fihe terms and conditians of this Deed af Trust.
<br /> Compliance with Gavernmen#al Requirements. Trustor shall promptiy �vmply with all laws, ordinances, and
<br /> regula�ions, now or hereafter in e��ect, o# all go�ernmental authari�ies applicable ta the use ❑r o�cupancy af the
<br /> Property, including without [imifiafiion, th� Am�r�cans With �3isabilities Act. Trustor may contest in good fai�h any
<br /> such law, ❑rdinance, or reguiation and wi#hhoEd comp[iance during any proceeding, including appropriat� appeals,
<br /> so [ong as Trus#or has notified Lender in writing pri�r to do�ng so and so long as, in L�nder's sole opinion, Lender's
<br /> interests in the Proper�y are nat �eopardized. Lender rnay r�quire Trustor to pos� adequate secu�-�ty ❑r a surety
<br /> bond, reasonably satis�actory to Lender,to protect Lender's interest.
<br /> Duty #v Protect. Trustvr agrees neifiher fio abandon or lea�e una��ended �he Properfiy. Trustvr shal[ dv aii vther
<br /> acts, in additivn#o those a�ts se#for�h abv�e in this section, which fram �he �harac�er and use o��he Proper#y are
<br /> reasonably necessary tn protect and preservs the Property.
<br /> ❑lJE�N SALE-C�NSENT BY LENDER. L�nder may, a� Lender's optivn, dec[are immediate[y due and payabEe ai� sums
<br /> secured by this Deed of Trust up�n th�sale or transfer, withaut Lender's priar written consent, af all or any part of the
<br /> Real P�oper�y, or any interest in the Reaf Prvperty. A "sale or firansfer" means�he con�eyance vf Rea� Property or any
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