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2� 1 ��593�
<br /> DEED �F TRUST
<br /> �Continued} Pag� �
<br /> grants t�Lender a Unifarm Cammercia�Code secur�ty in�erest in the P�rsonal Property and Rents.
<br /> TH1S DEED QF TRLJST,INCLLIDING THE ASS�GNMENT�F RENTS AND THE SECLIRITY INTEREST IN THE RENTS AND
<br /> PERSUNAL PRUPERTY, ES CIVEN T�SECURE �A� PAYMENT 4F THE INDEBTEDNESS AND �B} PERF�RMANCE UF
<br /> EACH 4F TRUST�R'S AGREEMENTS AND QSLIGATt�NS UNDER THE GRED�T AGREEN'iENT, THE RELATED
<br /> DQCUMENTS, AND TH[S DEED UF TRUST. THIS DEED OF TRUST 1S G1VEN AND ACCEPTED ON THE F�LL�WING
<br /> TERMS:
<br /> PAYMENT AND PERF�RMANCE. Except as otherwise provided in �his Deed af Trust, Trusto�shall pay to Lender al[
<br /> amounts secured by this Deed of Trust as they be�ome due, and shall s#rictly and in a �imely manner perform a11 0�
<br /> Trustor's abligations under the Credit Agreem�nt,this Deed of Trust, and the Related Documents.
<br /> P05SES51�N AND MAINTENANCE �F THE PR�PERTY. Trustor agrees tha� Trus�or's possession and us� ot the
<br /> Praperty shal[be governed by�he foliowing pro�isions:
<br /> Possession and �se. Until the occurrence a� an Event of De�au[�, Trustor may �1} r�main in possession and
<br /> con�ral o�#he Property; �z} use, operate or manage�he Praperty; and �3} �ollect�he Rents from�he Property,
<br /> Duty �o Iwlaintain. Trusta� sha[[ maintain the Pr�perty in good condi�ion and promptly pe�fio�m all repa�rs,
<br /> repiacemen�s, and maintenance necessary�o preserve its value.
<br /> Compliance With En�iranm�ntal Laws. Trustar represents and warrants�a Lender tha�: �'�} ❑ur�ng the periad o�
<br /> Trustor's awnership of the Prope�ty,there has been na use,genera�ion, manufa�ture, s�arage, treatment,disposal,
<br /> re�ease or threatened release of any Hazard�us Substance by any person on, under, about or from the Praperty;
<br /> �2} Trus�or has no knowl�dge o�, ar reason to believe �hat th�re has been, except as pre�ious[y disclosed ta and
<br /> acknowi�dged by Lender in wri#ing, �a} any breach a� �iofatian of any Environmen#al Laws, �b} any use,
<br /> genera�ion, manufacture, s�orage, treatment, d�sposal, �elease or threatened release ❑f any Ha�ardaus 5ubstance
<br /> on, under, about �r from the Property by any prior ov�rners or occupants o� �he Property, ar �c} any ac�uaf ar
<br /> threatened �itigation or�laims ❑�any kind by any per�on relating to such mat�ers; and �3} Except as pre�iously
<br /> disclosed t❑and acknow[edged by Lend�r in wri�ing, �a} neither Trusto�nor any tenant, contra�tar, agent or o�he�
<br /> au�horized user of the Property shall use, generate, manufacture, store, trea�, dispose o�or refease any Hazardous
<br /> Subs#ance on, under, abou�ar from�he Property; and �b} any such acti�ity shall be condu�ted in �amp[iance with
<br /> ail applicable federal, state, and [acal laws, regula��ons and ardinances, including without 1imi�ation all
<br /> Environmenta� Lavus. Trustor autharizes Lender and its agen�s to enter upon �he Property to make such
<br /> inspect�ons and �ests, a� Trustor's expense, as L�nder may deem appr�priate ta determine compliance o� the
<br /> Proper#y w�th this section o�the Deed a�Trus�. Any inspe��ions ar tes�s made by Lender shafl be for Lender's
<br /> purposes only and shall no�b�construed ta create any responsibi�ity or liabili�y on�he part of Lender to Trustor ar
<br /> �o any other persan. The representations and�varran�ies contained her�in are based on Trus�or's due diligence in
<br /> in�estigating �he Prape�y for Hazardous Substances. Trus�or hereby �'I} reieases and vuai�es any futu�e c�aims
<br /> agains# Lender far indemn�ty ❑r contribution in the event Trustor becomes liable for cieanup or other�osts under
<br /> any such ��ws; and �2} agrees to indemnify, de�end, and hold harmless Lender against any and a�l claims, �osses,
<br /> �iabilities, damages, penalt�es, and expenses which Lender may direct(y or indirectly sustain ar suffer resu[ting from
<br /> a breach of this section of the De�d of Trust or as a cansequence of any use, genera��on, manufacture, storage,
<br /> disposal, release or threatened release occurring prior to Trustor's awnership o�interes�in the P�operty,wheth�r or
<br /> not the same was or shauld ha�e been known �a Trustor. The pro�isions ❑�F th is sect�an of the �eed of Trust,
<br /> including �he obiigati�n to indemnify and defend,shall survive�he payment of the lndehtedness and the satis�action
<br /> and reconveyance of�he lien af�his ❑eed❑f Trust and shal� no�b�af�ected by Lender's acquisiti�n of any interest
<br /> in the P�ope�ty,whether by fareclosure or o�herwise.
<br /> Nuisan�e, Waste. Trustar sha�[ not cause, c�nduc� or permit any nu�sance nor commit, permit, ❑r suffer any
<br /> stripping of or waste on or to the Proper#y or any po�kion af the Property. �1VEthout limi�ing the generality of the
<br /> forego�ng, Trustor wil� not remave, or grant to any other par�y �he right to �emave, any��mber, minerals �inc�uding
<br /> oil and gas}, coal, clay,scoria, soi1, grave�or rock products with�uf Lend�r's prior written consen�.
<br /> R�mo�a1 of tm�ro�emen�s. Trus�or shali not demo[ish or remo�e any ImproW�men#s from th� Real Property v+ri�hout
<br /> L�nderts pria�written consent. As a condition to the remaval of any Impro�emen�s, Lender may require Trustor to
<br /> make arrangements satisfactory to Lender to replace such lmprovemen�s with Imp�ovemen�s of at least equal
<br /> va[ue.
<br /> Lender's Right�a Enter. Lender and Lender's agents and representatives may ent�r upon �he Real Property at all
<br /> reas�nab�� times to attend �o Lender's interests and to inspect the Rea1 Prop�rty for pur��oses of Trustor's
<br /> �ampliance with�he terms and�onditions of�his Deed o�Trust.
<br /> Camp[�ance wi�h Go�ernmental Requirements. Trus�or sha11 pramp�ly compfy wi#h all faws, ardinanc�s, and
<br /> regulations, now or hereaf�er in effe��, a�al1 go�ernmental authar��ies app�icable t❑ the use or accupancy ❑f the
<br /> Property. Trustar may cantest in gaod�aith any sueh law, ordinance,or regulation and withh�ld comp�iance during
<br /> any praceeding, including appropriate appeals, sa long as Trustor has no�ifed Lender in writ�ng prior�o daing so
<br /> and so lang as, in Lender's s�1e opini�n, Lender's inter�sts �n the Property are no�jeopardized. Lender may require
<br /> Trustar�o post adequate securi�y or a surety bond, reasonably satisfac�ory to L�nd�r,to pro�ect Lender's interest.
<br /> Duty ta Pratect. Trust�r agrees ne��her to abandan or �eave unattended the Pr�perty. Trustar shall da all other
<br /> acts, in additian ta thase acts set forth abave in th�s section,vvhich from the character and use o�F the P�operty are
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