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2� 1 ���918
<br /> DEED C]F TRUST
<br /> �Continued} Page �
<br /> Trustar presently assigns �o Lender �alsa knawn as Benefe�ary in th�s C]eed af Trust} al� o�Trustor's right, title, and
<br /> inter�st En and �o a�l present and future leases of the Praperty and all Ren�s from fihe Praper�y. fn addition, Trustor
<br /> grants to Lender a Uniform Cammercial Cade secur�ty�nterest in th�Personal Praperty and Rents.
<br /> TH1S DEED aF TRLlST, INCLLlDING THE ASS�GNMENT�F RENTS AND THE SE��RITY INTEREST IN THE RENTS AND
<br /> PERS�NAL PRQPERTY, lS GlVEN TQ SECURE �A} PAYI'�IENT QF THE �NDEBTEDNESS AND �B� PERF�RMANCE �F
<br /> EACH QF TRUST�R'S AGREEMENTS AND �BLIGATI�NS UNDER THE CREDIT AGREEt�IENT, THE RELATED
<br /> ❑�CUNIENTS, AND T'H!S DEED QF TRUST. TH�S DEED �F TRUST IS GIVEN AND ACCEPTED �N THE F4LLQW[NG
<br /> TERN[S:
<br /> PAYMENT AND PERF�RMANCE. Except as otherwise pr�vided in this ❑eed of Trus�, Trustor shall pay ta Lender a�l
<br /> amounts se�ured by this Deed ❑�F T�ust as they become due, and shall strictly and �n a timefy manner perfarm a!I ❑f
<br /> Trustor's obl�gatians under the Credit Agreement,#his Deed of Trust, and th� Related Da�umen�s.
<br /> P�S5E5510N AND �IAINTENANCE �F THE PR�PERTY, Trustor agrees that T�ustor's p�ssessian and use of the
<br /> Property shall be governed by the fa!law�ng prav�sions:
<br /> Possess�on and �se. Until �he occurrence of an Event �f Defaulf, Trustor may �'�} rema�n in possession and
<br /> controi of the Property; (�} use, operate o�manage the P�operty; and �3} collec�the Rents from the Property.
<br /> ❑uty �o Mainta�n. Trustor shal[ mainta�n the Proper#y in good condition and pramptly per�orm all �epairs,
<br /> rep�acements, and main�enan�e necessary to preserve its�a�ue.
<br /> Comp�iance W�th Envir�nm�ntal Laws. T�ustar represents and warrants�o Lender tha�: (1} �uring the period af
<br /> T�ustor's avvnership❑f the Pr�perty, �here has been no use,generafion, manu�acture, starage, treatment,dispasal,
<br /> re�ease or th�eatened release ❑'� any Hazardaus 5ubstance by any person on, under, about o�fr�m the Proper�y;
<br /> �2} Trustor has n❑ knowledge of, or�eason�� beiieve tha�there has been, except as previously disc�os�d to and
<br /> acknowledged by Lender in writing, �a} any b�each ar �ifllat�on of any Environmental Laws, �b} any use,
<br /> generation, manufac�ure, starage, treatmen�, d�sp�sal, release or threatened release o�any Hazardous Substance
<br /> ❑n, under, about or �rom the Proper�y by any prior owners or occupants of the Proper#y, or {c} any actual or
<br /> threatened 1i�igati�n or cfaims ❑f any kind by any pers�n relating to such matters; and (3} Ex�ept as previous[y
<br /> disc�osed to and acknowledged by Lender in writ�ng, �a} neither Trustor nor any tenan�, cantra�tor,agent or other
<br /> author�zed user af the Property shali use, generate, manufacture, s�ore, trea�, dispose of or release any Hazardvus
<br /> Substance an, under, ab�ut or f�am the Proper�y; and �b} any such ac#i�i�y sha�l he conducted in compliance with
<br /> a�l applicabfe federal, state, and l�cal laws, regulations and ordinances, including without limi�ation a�l
<br /> Environmental Laws. Trustor authorizes Lender and �ts agents to en#er upon �he Praperty to make such
<br /> ln5p�'Cti0n5 and tests, at Trustor's expense, as Lender may deem appropriate to determine complian�e of �he
<br /> Property w€th this section of the �eed a�Trust. Any inspec�ions ar tes�s made by Lender shafl be for Lender's
<br /> purposes only and shall not�e construed t�create any responsibility ar �iability on the park of Lender ta Trus�or ar
<br /> to any other persan. The representations and warranties cantained h�rein ar� based on Trustor's due dil�gence in
<br /> in�estigating the Property far Hazardaus 5ubstances. Trustor hereby ��} releases and waives any fu#ure cfaims
<br /> again�t Lender for ind�mnity ❑r contribution in the event Trustor bec�mes liabfe f�r c€eanup or�ther�os#s under
<br /> any such �aws; and �2} agrees to indemn�fy, de�end, and hold harmless Lender against any and al!cfa�ms, losses,
<br /> iiabilities, damages, penalties, and expenses which Lender may directly or ind�rectly sustain ar suffer resulting from
<br /> a b�each af this section o�the Deed of T�ust ar as a cansequence o�any use, generation, manufa�ture, storage,
<br /> dispasa[, re�ease or�hreatened release accurring prior��Trustar`s ownership❑r in�erest in the Prope�y,wh�ther�r
<br /> not the same was or shoufd haWe been known �o Trustor. The pr�visions ❑f this section vf the Deed o�T�ust,
<br /> in�luding the obligation to�ndemnify and defend, sha�l survi�e�he payment o�the Indehtedness and�he satisfaction
<br /> and reconveyan�e�f�he I��n o�fhis Deed of Trust and shall not be affec�ed by L�nder's acqu�s�tian of any in�er�st
<br /> in the Praper�y,wh�ther by fo�eclasure or othenruise.
<br /> Nuisance, 1J1Jaste. Trustor shali no� cause, conduct or permit any nuisance nor commit, permit, �r suffer any
<br /> stripping of�r waste on �r ta the P��perty or any porkion of fhe Praperty. INithout limi�ing the generality of the
<br /> f�rego�ng, Trustor wiEl n�#remove, or grant to any o�her party the right ta remov�, any timber, minera�s ��ncluding
<br /> oil and gas}, coa�, c[ay, scoria,soil,graWe��r rock products without Lender's prior written consent.
<br /> Remvval of�mprovemen�s, Trus�ar shall no�demolish or�emo�e any�mp�ovements from the Real Prope�ty wi�hout
<br /> Lender's priar wri��en consent. As a condition to the removal of any Impro�ements, Lender may require Trustor to
<br /> make arrang�ments sa�is�ac�ory to Lender to replace such Impro�ements with Improvements of at �east equal
<br /> va�ue.
<br /> Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Rea! Praperty at ali
<br /> reasonable �imes t� attend to Lender's interes�s and �o inspect th� Real Proper�y for purposes of Trustor's
<br /> complian�e with the terms and cQndi�ians of this❑eed a�Trust.
<br /> Comp�iance wi�h �overnmental Requirements. Trustar shall promp�ly campfy w�th af[ lavvs, ordinan�es, and
<br /> regufations, now or he��after in effec�, of af� governmental au�horities appiicable to the use or occupancy af the
<br /> Praper�y. Trustor may contest€n govd fai�h any such �aw, ord�nance,or regu�a�ian and wi�hhald compliance during
<br /> any proceeding, including app�opriate appeals, s� long as Trustor has nati�ied Lender in writing prior to doing so
<br /> and so long as, in Lender`s sole op�nion, Lender's inter�sts in�h� Property are not jeopard�zed. Lender may require
<br /> Trustor�o post adequate se�urity or a surety bond, �easonably satisfactory to Lender,to protect Lender's interest.
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