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2� 1 ����37
<br /> DEEa �F TRUST
<br /> Loan N�: 'i q��9�5�8 ��ontinued� Page �
<br /> TRUST�R'S REPRESENTATi�NS AND V1rARR��NTIES. Trustor warrants that: �ay this Deed of Trust is execu�ed at
<br /> Barrvwer's request and nvt at the request of Lender; �b� Trus�ar has the �u[[ pvwer, right, and authority t❑ enter into
<br /> this Deed ❑f Trust and ta hypathecate the Pro�erty; {�} �he prv�isions o� this D�ed �f Trust d❑ nat conflict with, or
<br /> resuit in a de�ault under any agreemen�or othe�instrum�nt binding upvn Trustor and d❑ nat resu�t in a �ialation ❑f any
<br /> [aw, regu[ati�n, court decree �r order app(Ecable fio Trustor; �d} Trus�or has es�ablished adequate means of obtaining
<br /> from B�rrower on a cantinuing basis information abaut Borrvwer's financial condifiifln; and {�y Lender has made no
<br /> repres�ntativn to Trustor ahout Borrower {inclucling withaut[imitation the creditworthiness of Barrower�.
<br /> TRUST4R'S WAIVERS. Trustor wai�es al[ righ�s or defenses arising by reason ❑f any "on� action" �r "ant�-deficiency"
<br /> law, or any nther law whi�h may pre�ent L�nder from bringing any actEan against Trustar, including a claim far
<br /> deficiency ta the extent Lender is o�herwise entifled to a claim �or de#�ciency, before ar after Lend�r's commencement
<br /> or c�mp[etion of any�vrec�osure act�on, either�tad�cially❑r by exercise�f a power af saie.
<br /> PAYIUIENT AND PERF�RMANCE. Except as ot[�erwise provided in this Deed o�Trust, Bflrrower shal� pay ta Lender a�l
<br /> lndebtedness secured by #his Deed of Trust �as it becames due, and Borrawer and Trustvr shall perform all their
<br /> respecti�e ohi�gafiions under fihe Note,this Deed o�Trust, and#he Re[ated ❑ocuments.
<br /> P�SSE551�N AND MAINTENANCE �F THE Pf�DPERTY. Borrower and Trustor ag�ee fihat Bvrrower's and Trustor's
<br /> passession and use o-F the Property sha�� be ga��rned by the fvflowing pro�is€ons:
<br /> Possessian and Use. Unti� the accurrenc�e ❑f an E�ent o� ❑e�ault, Trustar may ��} remain in possession and
<br /> contro[of the Prvp�rty; {2� use, operate or manage the Property; and �3} colle�t the Rents fram the Property.
<br /> ❑ufiy to Main#ain, Trustvr shal� maintain the Praperty in tenan�able ��nditi�n and promp�ly per�orm a[[ repairs,
<br /> replacements, and maintenance necessary t❑ preser�e its�alue.
<br /> Compiiance With En�iranmentai Laws. Tr«stor represents and warrants #o Lender that: �'1} During the perivd ❑f
<br /> Trustar's flvvnership ❑f the Praperty, there has been na use, generation, manufac�ure, storage, treatment, disp�sal,
<br /> release ar threatened release vf any Hazal•dous 5ubs�ance by any person an, under, abvut ar from the Prope�ty;
<br /> t�f Trustor has na knowledge o�, or reasan ta be[ie�e that there has been, excep� as pre�ivusly disclased t� and
<br /> acknowledg�d by Lender in writing, �a} any breach or ���lation ❑f any En���onmental Laws, {b} any use,
<br /> generation, manu�acfiure, storage, treatme�-�t, disposa[, release or fhreatened release of any Hazardaus Substance
<br /> on, under, abvut or #rvm the Prvperty by any priar own�rs vr ac�upants af the Property, ❑r �c} any actua[ or
<br /> threatened litigatian or ciaims of any kind by any pe�-son relating to such matters; and �3} Except as pre�iousfy
<br /> disclosed to and ac�nowfedged by Lender in writing, ta� neither Trustor nor any tenant, contractvr, agent or ather
<br /> auth�riz�d user o�th� Property shall use, c�enerate, manufactur�, store, treat, dispose of vr re[ease any Hazardous
<br /> Substance �n, under, about vr fram the Prnperty; and �b} any such acti�ity shall be conducted in comp[iance with
<br /> a[[ appiicable �ederal, s�a#e, and iocal iaws, regu�ations and ordinances, including without limitation all
<br /> En�ironmental Laws. Trustar authorizes Lender and its agents �o enter upan the Property ta make su�h
<br /> inspec#ions and �ests� a� Trustor's expense, as Lender may deem apprapria�e t� determine campliance ❑f the
<br /> Property with �his section o� the ❑eed of Trust. Any inspe�ti�ns ar tests made by Lender shall be for Lend�r's
<br /> purposes vnly and sha[� nvt be construed t�o crea�e any r�spvnsibility ❑r liability on the part❑� Lender to Trustor ❑r
<br /> �o any o�her person. The representa�ians and warranfiies contained herein are based �n Trustor's due di[igen�e in
<br /> in�estigating �he Proper�y for Ha�ardaus Substances. Trus�or herehy ��} re[eas�s and wai�es any fu�ure c[aims
<br /> against Lender for indemni�y or contribu�ion in the e�ent Trus�or becvmes liab[e �or �leanup �r o�her casts under
<br /> any such [aws; and �2� agrees ta indemni�y, defend, and hold harmfess Lender against any and a�1 claims, loss�s,
<br /> liabilities. damages� penalties, and expenses which Lender may direct[y or ind�rectly sustain or suff�r resul�ing from
<br /> a breach of this section a�the Deed ❑f Tr�ust or as a cansequence o� any use, generatian, manu�acture, s�arage,
<br /> disposal, re[ease or threat�ned re[ease�cc��rring prEor to T�ustar's ownership o�interest in the Property, whether❑r
<br /> nofi the same was or shou[d ha�e been knvwn ta Trustor. The prvvisi�ns ❑f this sectian of the ❑eed o� Trust,
<br /> including the obiigativn#o indemnify and d�fend, sha[[ sur�i�e fihe paymen#of the fndeb�edness and the satisfaction
<br /> and recon�eyan�e vf the lien of this Deed of Trusfi and shalf nat be affected by Lender's acquisition of any interest
<br /> in the Property, whefiher by�orec[asure ar❑therwise.
<br /> Nuisance, Waste. Trustor sha[[ nvt cause, conduct ❑r permi�t any nuisance nvr cammi�, permit, ar suffer any
<br /> stripping v� or waste on or to the Propert�,� ar any portion of the Property. VlJithout limiting the generality ❑� �he
<br /> �or�going, Trusfar will no� remo�e, or grant ta any other party the right�� remo�e, any fiimber, minerafs �including
<br /> viI and gas�, coa[, clay, scoria, soil, gra�eE or rock products without Lender's,priar written cvnsent.
<br /> Remv�al of Imprvvements. T�ustor shai� nat demolish or remv�e any lmprfl�ements from the Real Proper�y withaut
<br /> Lender's pria�-written consent. As a conditivn to�he remo�a� ❑f any [mpro�ements, Lender may require Trus�or t❑
<br /> make arrangements sa�isfactory to Lende�r to r�place such lmprovements with Impro�ements ❑t at �east equal
<br /> �alue.
<br /> Lender's Right ta En#�r. Lende�- and Lender's agents and represen�ati�es may �n�er upon the Rea� Praperty at all
<br /> reasanab[e times to attend to Lender's interests and to inspect the Rea� Praper�y for purposes ❑f Trust�r's
<br /> complian�e with the�erms and �vnditinns �f this Deed❑f Trust.
<br /> Compliance with Governmental Requirem{ents. Trustor shal[ promptly cvmp�y with aE[ laws, ordinances, and
<br /> regulatians, now or hereafker in effe�t, of af! gvvernrn�ntai authorities app[icab�e to the us� vr o�cupancy af �he
<br /> Property, including withoufi limitation, �he �mericans 1Nith Disabili�ies A�t. Trustar may �antest in good �aEth any
<br /> such law, ord�nance, ❑r regulatian and w�thhald compliance du�-ing any proceeding, including approp�iafie app�a[s,
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