|
2� 1 ����57
<br /> DEED C3F TRU�T
<br /> � 4C�ntinued} �'�g� �
<br /> interest in and to a�l presen� and future �eases of the Property and all Rents from �he Praperty, ln add���on, Trustar
<br /> grants to Lender a Uniform Commerc�af Cade security i�teres�in the Personal Prope�ty and Rents.
<br /> THIS DEED �F TR�ST,INCLUDING THE ASS��NNIENT�F RENTS AND THE SECURITY 1NTEREST lN THE RENTS AND
<br /> PERS�NAL PR�PERTY, �S GiVEN T�SECURE �A� PAYMENT�F THE 1NDEBTEDNESS AND �B} PERF�RMANCE C]F
<br /> EACH 4F TRUST�R"S A�REEMENTS AND OBLIGATIONS IINDER THE CREDIT A�REE�[ENT, THE RELATED
<br /> D�CUMENTS, AND TH1S DEED UF TRUST. THIS DEEfl DF TRUST lS GlVEN AN❑ ACCEPTED C]N THE F�LLUWING
<br /> TER�lS:
<br /> PAYIVIENT ANfl PERFDRMANCE. Except as otherwise provided in th�s ❑eed af Trust, Trustor shal� pay t� Lender al!
<br /> amounts secured by this ❑eed of Trust as they become due, and shall strictfy and in a timely manner perform all of
<br /> Trus�ar's obligations under the Credit Agre�ment,�his ❑eed of Trust, and the Related Documents.
<br /> P�SSESSInN AND MAINTENANCE �F THE PR�PERTY. Trustor agrees tha� Trus�or`s possession and use af the
<br /> Property sha��be g��erned by the fo!lowing prov�sians:
<br /> Passession and Use. Un�ii the accurren�e of an E�ent o� Defau[�, Trustor may �'1} remain in possession and
<br /> con�rol of th�Property; �2} use,operate or manage the Properky; and �3} collec�the Rents f�om the Praperty.
<br /> ❑uty to Ma�ntain. T�ustor shall ma�n�ain the Property in good conditian and promp�ly perfo�m all repairs,
<br /> r�placements, and maintenance necessary to p�eserve�ts�alue.
<br /> Camp�iance Vlrith En�i�anmental Laws. Trustor represents and warran�s to Lender�hat: �'�} During the period of
<br /> Trustor's ownership of the Praper�y, th�r�has been na use,generat�an, manu�acture, s�orage, treatment,disposal,
<br /> r�lease ar th�eatened refease of any Hazard�us Substance by any person on, under, about ar from the Prope�ty;
<br /> �2} Trustor has no knawledge of, or reason to belie�e�hat#here has been, exc�p� as prev�ausly disclosed to and
<br /> acknowledged by Lender in writing, �a} any breaci� o� �iolation �f any Env�ranmental Laws, �h} any use,
<br /> generation, manufac�ure, storage, treatmen�, d�sposal, release or threatened release of any Hazardaus Substance
<br /> on, under, abaut ar from the Pr�per�y by any prior owners or oc�upan�s a�#he Proper�y, or (c} any actuai ❑r
<br /> threatened litigatian or�[aims af any kind by any person re[at�ng to su�h mat�ers; and {3} Excep# as preWiously
<br /> disclosed��and acknowledged by Lender in wr�ting, �a} neither T�ustor nar any tenant, �ontractor, agent or❑�her
<br /> au#horized user of the P�oper�y shalf use, gene�ate, manufacture, store, �reat, dispose of or release any Hazard�us
<br /> Substance an, under, abau�or f�om th� Property; and �b} any su�h act�vi�y shal(be conducted �n complianGe wi#h
<br /> a1l app[��able federal, s�ate, and ia�af laws, regula�ions and ordinances, including without limitation ali
<br /> �nvironmentai Laws. Trustor authorizes Lender and its agents �o enter upon the Prape�ty to make such
<br /> inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance o� the
<br /> Prop�rty with this sec�ion of the Deed of Trust. Any inspect�ons or tes�s made by �ender shafl be �or Lender`s
<br /> purposes on�y and shal[ na��e�ons�rued to crea�e any �espons�bility o�liability on the part o�Lender�o Trustor or
<br /> to any a�her person. The representa�ions and warranties con�ained herein are �ased on Trus�ar's due diligence in
<br /> inves�iga�ing the Praperty fo�Hazardous Substances. Trustor hereby �'#} releas�s and wai�es any future claims
<br /> against Lender for indemnity ar contribut�on in the e�ent T�ust�r bec�mes lia��e�ar cleanup or other costs under
<br /> any such �aws; and (2} agrees to indemnify, defend, and hofd harm�ess Lender against any and afl claims, I�sses,
<br /> fiabilitie�, damages,penalties, and expenses which Lender may direc�ly or indire�tly sustain or suffer resulting from
<br /> a breach af th is section of the Deed of Trus� or as a cansequence of any use, generatian, manu�acture, st�rage,
<br /> d�sposal, release or th�eat�ned re�ease occurring prior t❑Trustor's ownership or in�erest in the Prflperty,whe�her or
<br /> not th� same was or should have been known '�o Trustor. Th� pro�isions of th�s sectian of the Deed af Trust,
<br /> includ�ng the obligation to indemnify and defend, shall sunrive�he payment of the indebtedness and�he satisfaction
<br /> and reconveyance a�the (�en�f�h�s Deed ❑f Trust and shal[ no�he aifiected by Lender's acqu�sition o�any interest
<br /> in�he Prope�ty,whether by foreclosure or otherwise,
<br /> Nuisance, 1Naste. Trustor shall not cause, �arrduct or pe�mit any nuisanc� nor cflmmit, pe�mit, ar su�fer any
<br /> stripping of ar waste an �r�o the Property Qr any po�t�on of#he Property, V1lithou� limiting �he generality o��h�
<br /> foregoing, Trustor will nat remave, or grant to any other party the r�ght to rema�e, any timber, minerals �including
<br /> oil and gas), coal, clay, scorEa,soil, grave[or rock products without Lender`s prior wr�tten consen�.
<br /> Remo�al vf Improvements. Trustor shall no�demo[ish o�remov�any lmprovements from�he Real Property withou�
<br /> Lend�r`s prior writ�en �onsent. As a condition to the removal of any Impravemen�s, Lender may require Trustor to
<br /> make arrangements satisfac�ory �o Lender ta rep�ace such impravemen�s with Impro�ements of at least equal
<br /> value.
<br /> L�nder's Right�� Enter. Lender and Lender's agents and r�presentatives may enter upon the Real Property a�al1
<br /> reasonable times ta at�end to Lender`s in�erests and to �nspec� �he Real Property for purposes of Trustor's
<br /> �omplian�e with the terms and conditions of this Deed a�Trust.
<br /> �vmpliance with Governmen�al Requirements. Trus�or shall promp�[y comply with al� �aws, ordinances, and
<br /> regufations, naw ❑r hereafter in effe�#, ❑�all go�ernmen�al authorities appl�cable to the use or flccupancy o�the
<br /> Property. Trustor may can�est in goad faith any such law, ordinanc�,or regulation and w�thho�d cnmpfiance during
<br /> any proceeding, including appropr�ate appeafs, so iong as Trustor has no�i�ied Lender in wri�ing pr�or to doing so
<br /> and so long as, in Lender's sa[e op�nion, Lend�r`s in�erests in the Proper�y are not jeopa�dized. Lender may require
<br /> Trustor to post adequate securi�y or a surety bond, reasonab�y sa�isfactory ta Lende�,to protect Lender's�n�e�es�.
<br /> Duty t� Pr��ect. Trus�or agrees neither ta abandon or leave unattended the Proper�y. Trustor shall do ali other
<br />
|