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2� 1 ��� 152
<br /> DEED �F TRUST
<br /> �C�nt�nu�d3 Page 2
<br /> Trustor presently assigns �o Lender �a�sv known as Beneficiary �n �his ❑�ed �f Trust} ali of Trustar`s righ�, �i�le, and
<br /> interest in and �o al! present and future Ieases a��he Property and all Rents from the Praperty. In additian, Trustor
<br /> grants to Lender a llniform Commercia[Code secu�ity in�erest�n the Persana�Pr�perty and Ren�s.
<br /> TH1S DEED�F TRUST, INCLE]DING THE ASSIGNMENT�F RENTS AND THE SECURITY INTEREST 1N THE RENTS AND
<br /> PERS�3NAL PR�PERTY, IS G�VEN T�SECURE �A� PAYNIENT C�F THE iNDEgTEDNESS AND {By PERFQRl11iANCE C�F
<br /> EACH aF TRUSTC]R'S ACREENfENTS AND nBLI�AT��NS UNDER THE CREDIT AGREEMENT, THE RELATED
<br /> D�CUiVIENTS, AND THlS DEE❑ �F TRUST. THIS DEED QF TRUST [S GIVEN AND ACCEPTED QN THE FQLLfl1N�NG
<br /> TERMS:
<br /> PAYMENT AND PERF�R�JIANCE. Except as othenlvise pra�ided in �his Deed of Trust, Trustor shail pay to �ender al!
<br /> amounts secured by this Deed �f Trust as they hecome due, and shall strictly and in a timely manner perform ali of
<br /> Trus�or`s obliga�ions under the Credi�Agreement,th�s Deed of Trus�, and the Related Dacuments.
<br /> P�SSESSI�N AND I�AINTENANCE �F THE PRDPERTY. T�usto� agrees that Trus#o�'s possession and use of �he
<br /> Proper�y shail be governed �y the fo��owing pro�isians:
<br /> Possession and �se, Until the occurrence of an Even� of Defau��, Trustor may �'E} remain in possession and
<br /> control of the Property; (2} use,operat�or manage the Proper�y; and �3) col[ect the R�nts from the Property.
<br /> Duty #o Maintain. T�ustor shal� main�ain �he Property in gaod cond�tion and promptly perfiorm al[ repairs,
<br /> replacemen�s, and maintenance necessary to preserve its�af ue.
<br /> Complianc�With Environmental Laws. Trustor represents and warrants�❑ L�nder that: ('1} During the period of
<br /> Trustor's ownership of�he Property, there has been no use, genera�ion, manufacture, storage, treatmen�,dispasal,
<br /> release or threatened release af any Hazard�us Substanc� by any p�rsan on, under, �bout ar from the P�operty;
<br /> �2} Trustor has no knowledge af, ar reason to believe�hat there has been, except as ��e�iousfy disc�osed ta and
<br /> acknowledged by Lender in wrifing, �a} any breach or �ialation ❑f any Enviranmental Laws, �b} any use,
<br /> genera��an, manufac�ure, s�orage, treatment, dispasal, release or�hreatened release o�any Hazardous Substance
<br /> on, under, abaut or from the Praperty by any priar owners or �ccupants of the Property, or �c} any actual or
<br /> threatened litigatian or c[aims of any kind by any persan relating to such ma�t�rs; and �3} Except as previausly
<br /> disclased�o and a�knowledged by Lend�r in writing, �a} neither Trustor nor any tenant, contractar, a�ent or other
<br /> authori�ed user of the Property sha�l use, generate, manufacture, sto�e, treat, dispase of ar release any Hazardvus
<br /> Substance on, under, about ar from#he Property; and �b} any such acti�i�y shall be canducted in complianGe with
<br /> all applicable �ederal, s�ate, and local �aws, regulations and ordinances, including without limitation all
<br /> Envi�onmenta[ Laws. Trustor au�hor�zes Lender and its agen#s �o enter upon �he Proper�y to make such
<br /> inspections and �ests, at Trustor`s expense, as Lender may deem appropriate ta determine �omp�ian�e of the
<br /> Praperty w��h this sec�ian o�the Deed of Trust. Any inspect�ons or t�sts made by Lender shal� be for Lender's
<br /> purposes on�y and sha[1 no�be construed t�create any responsihility or liabi[ity on the par��f L�nder to Trustor or
<br /> �o any other person. The representations and warranties con�ained he�ein are based on Trustor's due d�ligence in
<br /> investiga�ing �he Property for Hazardous Substances. Trustor he�eby �'I} re�eas�s and wa�ves any future cfaims
<br /> against Lender�or indemnity or contribution in the �vent Trustor becomes liaf��e for �leanup or other costs under
<br /> any such laws; and ��} agrees�o ind�mnify, defend, and hold harm�ess Lender against any and al! c[aims, fosses,
<br /> i�abilities, damages, pena�ties, and expenses which Lender may directly or indirectly sustain or suffer resulting fram
<br /> a breach of this section of#he ❑eed ❑f Trust or as a consequence of any use, generation, manufacture, storage,
<br /> disposal, �elease or threatened release occurring prEor ta Trus�ar's ownership ar interest in the Property,whe�her or
<br /> not the same was or should have been known to Trustor. The prfl�isions o�this section o�the Deed ❑�Trust,
<br /> �ncluding the obligatton ta indemni�y and def�nd, sha�1 survi�e the payment of the lndebtedness and the satisfacti�n
<br /> and reconveyance o��he lien of this Deed af Trust and sha[1 n�t be affected by L�nder's acquisition of any interest
<br /> in the P�operty,whethe�by f�reclasure�r othenrvis�.
<br /> Nuisance, Waste. Trustor sha�� not cause, conduct o� permit any nuisance nor commit, permi�, or su�fer any
<br /> stripp�ng of or vvaste on or to the Property or any porkion of the Property. Vllith�ut �imiting �he genera�ity of the
<br /> for�ga�ng, Trustor wi�i no�remove, or g�ant ta any other party �he right to remo�e, any t�mber, minera�s �including
<br /> oil and gas}, �oaf, ��ay, scoria, soil, gravel o�rock products withou�Lender's p�ior wr�tten consen�.
<br /> Removal of Impro�ements. Trustor shall not demolish or remave any Impr�vements fram the Real Prape�y without
<br /> Lender's prio�written consent. As a�ondi�ion to the remova�of any Impravements, Lender may require Trustor to
<br /> make arrangements satisfactary �o Lender to replace such [mpro�ements with Imp�ovements of at l�ast equal
<br /> value.
<br /> Lender's R�ght to Enter. Lender and Lender's a�ents and rep�esenta�i�es may enter upon �he R�al Property a�all
<br /> �easonabie times fo at�end t� Lender's int��es�s and to inspec� the Real Property �or purposes of Trus�or's
<br /> compliance with the terms and conditions af th�� D�ed of Trust.
<br /> Camplian�e w��h Go�ernmental Requirements. Trus�or shall promp�ly �omp[y with all laws, ordinances, and
<br /> regu�a�ians, n�w or hereafter in effect, of a�l go�ernmenta� authorities appli�able to the use or occupan�y of the
<br /> Proper�y. Trustar may contest in good faith any such �aw, ardinance, �r regula�ion and wi�hhafd compliance during
<br /> any prac�eding, including appropriate appeals, so long as Trustor has notifi�d Lender in writing pr�Qr�o d�ing so
<br /> and so lang as, in Lender's sole op�nion, Lender's int�rests in the Property are no�jevpardized. Lender may require
<br /> Trustor to pos�adequate security or a sur��y bond, reasonably satisfactory to Lender,to p�otec�Lende�'s in��rest.
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