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2� 1 ���� 1 �
<br /> DEED �F TRUST
<br /> ���nt�nued} pa�e z
<br /> TH�S DEED C]F TRUST, �NCLUDINC THE ASSIGNMENT UF RENTS AND THE SECURITY 1NTEREST 1N THE RENTS AN❑
<br /> PERS�NAL PR�PERTY, IS CIVEN TC�SEClJRE {A} PAYMENT QF THE INDEBTEDNESS AND {B� PERF�RMANCE �F
<br /> EACH OF TRUSTDR"5 AGREEMENTS AND �BL��AT��NS UNDER THE CREDIT AGREEMENT, THE RELATED
<br /> DUCUMENTS, AND THIS DEED nF TRUST, THIS DEE� �F TRUST !S G[VEN AND ACCEPTED DN THE F�LLQ�IJ�NG
<br /> TERMS;
<br /> PAYMENT AN❑ PERF�RMANCE. Except as otherwise prov�ded in this Deed of Trust, Trustor shall pay to Lender al�
<br /> amounts secured by this Deed ❑f Trust as they become due, and sha11 s�ric�ly and in a timely manner perform al[ of
<br /> Trustar's ob[iga�ians under the Credi�Agreement, �his Deed of Trust, and the Related Dacumen�s.
<br /> P�SSESSI�N AND MA�NTENANCE �F THE PR�PERTY. Trus#ar agrees �hat Trustor's possession and use o� the
<br /> Prope�ty shall be go�erned by the�'ollowing pro�isions:
<br /> Possess�vn and Use. Until the occu�rence of an Event of C]efault, T�ustor may t'I� remain �n possessian and
<br /> con�rol o�'�he Praper�y; ��} use, operate or manage�he Proper�y; and [3} co�lect�he Rents from the Property,
<br /> Duty fio Maintain. Trus�flr shal! main�ain the Property in good condi�ion and pr�mptly perfarm al� repairs,
<br /> replacements, and maintenance necessary to prese�ve i�s va�ue.
<br /> Compiiance Wi�h En�ironmenta! Laws. Trustor represents and warrants �o Lender�hat: �1} During the period of
<br /> Trustor's�wnership of�he Pr�aper�y, there has been na use, g�ne�ation, manufac#ure, storage, treatment, disposa�,
<br /> release or threatened �e�ease af any Hazardaus 5ubs�ance by any pers�n on, under, abaut or fr�m #he Property;
<br /> �2} Trustar has no kn�wledge of, or reason ta believe that the�e has been, except as pre�iously disclosed to and
<br /> acknaw�edged by Lender �n wrifin�, �a} any breach or ��ofat�on of any Environmen�al Laws, �b} any use,
<br /> genera�ion, manufac�ur�, storage, �reatment, dispasal, re{�ase or threatened release of any Hazardous 5ubstanc�
<br /> on, under, about or �rom the Proper�y by any prior awners or occupants a� �he Property, or �c} any ac�ual ar
<br /> #hreatened li�igation or c�aims of any kind by any person relating #❑ such matters; and (3) Excep� as previously
<br /> d�sclosed to an� acknowledged by Lender in wr�ting, �a} neithe�T�-us�or nor any tenant, contractar, agent or other
<br /> authorized user of the Property shalf use, gener�te, manufac�ure, store, treat, d�spose of or�eleas� any Hazardous
<br /> 5ubs�ance on, und�r, about or from the Property; and �b} any such act����y shall be conducted in campliance with
<br /> a�l app[icable federal, s�ate, and local 1aws, regu�ations and ordinances, including with�ut limi�ation a�l
<br /> En�ironmen�al Laws. Trustor authorizes Lender and i�s agents ta enter upon �he Property to maks such
<br /> inspectians and tests, at Trustor's expense, as Lender may deem appropriate to de�ermine c�mp�iance af the
<br /> Property with this sect�an o�the Deed of Trus�. Any inspec��ons or tests made by Lend�r shal! be �or Lender's
<br /> purp�ses onfy and shafl not be construed to create any responsibility or liability �n the part o�L�nder ta Trustor or
<br /> ta any other persan. The representations and warranties con�ained her�in are based on Trustor's due di[igence in
<br /> in�estiga��ng �he Praperty for Hazardous 5ubstanc�s. Trus�or hereby �'�} releases and wai�es any future claims
<br /> against Lender�or indemnity or con�ribu�ion in the event Trusto� becomes ��able for c(eanup or othe� costs under
<br /> any such laws; and ��} agre�s�a indemnify, d�fend, and hold harmless Lender agains�any and all cfaims, lasses,
<br /> I�abili�ies, damages, pena[ties, and expenses wh�ch Lender may direcfly or ind�rectly sustain ar suffer resul�Eng from
<br /> a breach af th�s section of the ❑eed of Trust ar as a consequence of any use, g�neratian, manufacture, storage,
<br /> disposa�, rel�ase ar threatened r�lease occurring prior to Trustor's ownership or�nteres#in#he P��perty,whethe�or
<br /> not the same was �r should have been known to Trustor. The pro��si�ns of this section of the De�d v�f Trus�,
<br /> in�luding the obligation to indemnify and de�end, shall surviVe the payment o�F�he Indeb�edness and the satisfa��ion
<br /> and recon�eyance af the lien of this Deed a�Trust and shal� no� be affected by Lender's acquisi�ion of any �ntersst
<br /> in the Pr�ope�ty,whe�her by�oreclosure or�therwise.
<br /> Nuisance, Waste. Trustor shafl not cause, conduct ar perm�t any nuisance nar cammi#, perm�t, or suffer any
<br /> stripping of or waste on or to the Property or any portion o�f the Prope�ty. INthaut I�miting �he generality of�he
<br /> fo�egoing, Trusfor wiil not rema�e, or grant�o any o�her party the righ�#a remove, any timber, m�nerals �including
<br /> oil and gas}, eoal, clay, scoria, soi[, gra�el or ro�k praducts without Lender`s priar wri�#en consent.
<br /> Remo�a� of lmpra�ements. Trustor shal[ not demofish or remo�e any Impravemen�s fram the Rea� Praperty without
<br /> Lender's prior written consen�. As a cand�tion to the r�mo�al of any Impro�ements, Lender may require Trustor to
<br /> make arrangements satisfa�tory to Lender to �epiace such lmprovemen�s with Impro�ements af at least equal
<br /> �alu�.
<br /> Lend�r's R�ght�o Enter. Lender and Lender's agen�s and representati�es may en�er upon �he Real Property a� af�
<br /> reasonab�� times to attend to Lender's interests and to inspec� th� Real Praperty for� purposes of Trus#or's
<br /> comp��ance wi�h the terms and cond�tions o�this Deed o�Trust.
<br /> Compliartce wi�h Gove�rnmental Requirements. Trustor shafl prompt[y comply with al� laws, ordinances, and
<br /> regula�ions, now or hereafter �n eff�ct, vf all go�ernmental autharities applicable to �he use or accupancy o�#he
<br /> Property. Trustor may con�est in goo� fa�th any such �aw, ordinance, or regula�i�n and withhold c�mp��ance during
<br /> any proceeding, including appropriate appea[s, sa long as Trustor has notified Lender in wrifing prior to doing sa
<br /> and so long as, in Lender's sole opinion, Lender's in�erests in�he Property are not jeopardized. Lender may require
<br /> Trustor to post adequate secu�i�y or a su�ety bond, reasonably satisfa�tory#o Lender,to pro�ect Lender's in�er�st.
<br /> Duty t❑ Protect. Trustar agrees neither�o abandon or [eave unattended the Proper�y. Trustor shall do a[1 other
<br /> acts, in addition to�hose acts set forth abo�e in�his sec�ion,which fram the character and use o�the Property are
<br /> reasanabfy necessary to pr��ec�and preserve�he Property.
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