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2� 1 ��7781
<br /> vEE� o� TRus-r
<br /> Lvan No: 'I�]'I 3��'1�'! �Contin ued} Page �
<br /> related or unr�fated to th� purpose of the Note, whether �vlun#ary or otherwise, whether due vr n�t due, direct or
<br /> indirect, determined or undetermined, abs�lute ar contingent, liquidated ❑r unliquidated, whether Bflrr�wer ar Trustor
<br /> may b� ��ahle indi�fdually vr jvintly with others, whether obligared as guarantor, surety, accommodatian party or
<br /> otherwise, and wheth�r reca�ery upon such amounts may b� or hereafter may become barr�d by any statute af
<br /> limitations, and wheth�r the o�ligativn to repay such amvunts may b� or hereafter may became otherwise
<br /> unenfar�eable.
<br /> REV�LVING LINE �F �REDlT. This Deed of Trust se�ures the lndebtedness including, without limitation, a re►►ol�ing
<br /> line af�redit, which❑bligates Lender#o make ad��nces to Borrower sv long as Bvrrower complies with all the terms of
<br /> the Nate.
<br /> Trustor presently assigns t❑ Lender �als� known as Beneficiary in this ❑eed of Trusty al! af Trustar's right, title, and
<br /> interest in and t❑ all present and fu�ure leases ❑f the Property and a�� Rents from �he Property. in addition, Trustar
<br /> grants to Lender a Unifarm C�mm�r�ial Code s�cu�ity inter�st in the Personal Property and R�nts.
<br /> THIS DEED �F TRUST, iNCLUDIN� THE ASSIGNIVIENT �F RENTS AN� THE SECURITY INTEREST IN THE RENTS AND
<br /> PERS�NAL PR�PERTY. �S GIVEN TQ SE�URE tA� PAY�ENT QF THE INDEBTEDNESS AND tB� PERFDRMANCE �F
<br /> ANY AND ALL aBLIGATi�NS UNDER THE iV�TE, THE RELATED D�CUMENTS, AND TH15 ❑EED DF TRUST. TH15
<br /> DEED�F TRUST IS �IVEN AND A��EPTE❑ DN THE F�LLQWING TERMS:
<br /> TRUST�R'S REPRESENTATI�NS AND WARRANTIES. Trustar warrants that: ta} this ❑eed of Trust is executed at
<br /> Borrower's request and not at the request of Lender; �by Trustor has the full pawer, right, and authority t❑ enter intv
<br /> this Deed vf Trust and to hypoth��ate the Prvperty; �c� the pro�isivns of this Deed ❑f Trust do not canfiict with, vr
<br /> resu�t in a default under any agreement or other instrument binding upon Trustor and do not resul� in a �+alat�on of any
<br /> law, regulation, caurt decree or order appli�able to Trusttir; td� Trustor has established a�equate means fl� vk�taining
<br /> from gorrower vn a cantinuing basis infarmativn about Borrawer's financial condition; and ��7 Lender has made nv
<br /> representatinn to Trustvr about Borrower �including withnut limitation the creditworthiness crf Borrowery.
<br /> TRUSTQR'S 1NAIVERS. Trustor wai�es al� rights �r defens�s arising by reason �f any "an� actian" or "anfi-deficiency"
<br /> law, or any vther law which may pre�ent Lender from bringing any acti�n again�t Trustar, including a claim for
<br /> deficiency ta the extent Lender is ❑therwise entitied t❑ a ��aim for deficiency, befare ❑r after Lender's c�mmen�ement
<br /> or completian af any toreclosure acti�n, either judicia�ly ar by exercise❑� a power❑f sale,
<br /> PAYiVIENT AN❑ PERFDRIVIANCE. Ex�ept as �therwise pro�ided in this Deed of Trust, Borrvwer and Trus�o�shali pay to
<br /> Lend�r all Indebtedness secured by this Deed vf Trust as it becvmes due, and Barrower and Trustor shali strictly
<br /> perfarm all their respecti�e obligatians under the Nate, this D��d of Trust, and the Related Documents.
<br /> PUSSESSI�N AND MAINTENANCE L7F THE PRQPERTY. Borrower and Trustor agree that B�rrawer's and Trustar's
<br /> passession and use af the Prvperty shall b�ga�erne� by the fol�owing pra�isians:
<br /> Possession and Use. lJntil the oc�urrenGe af an E�ent of Default, Trustor may ��� remain in passessian and
<br /> control of the Property, �2) use, operate ar manage the Prvperty; and �3� callect the R�nts from the Pro�aerty.
<br /> Duty tv Maintain. Trustor sha�� maintain the Property in tenantahle condition and prompt�y per�orm alf repairs,
<br /> replacements, and maintenance necessary ta preser�e its �alue.
<br /> Campliance With En�ironmental Laws. Trustor repres�nts and warrants to Lender that: �1� ❑uring the period ❑f
<br /> Trustar's ownership ❑f the Pr�perty, there has been no use, generat�on, manufa�ture, storage, t�eatment, dispasal,
<br /> r�iease vr threatened release af any Hazardous Substance by any persvn ❑n, under, about or fram the Property;
<br /> ��� Trustor has no knowledge ❑f, or reason t❑ b�lie�e that �here has been, ex�ept as pre�iously discl�sed to and
<br /> acknowledged by Lender in writing, �a� any brea�h vr �iolation of any En�ironmental Laws, �b� any use,
<br /> generation, manufactur�, storage, treatment, disposa�, release or threatened release af any Hazardous Substance
<br /> on, under, about or from the Prvperty by any pria� owners ❑r ❑ccupan�s �f the Praperty, or �c7 any actual ❑r
<br /> threatened litigation or claims af any kind by any per�on relating to such matters; and �3y Except as pre�iously
<br /> d�sclosed to and a�knowledged by Lender in writing, �a� neither Trus�ar nor any tenant, contractvr, agent❑r other
<br /> authorized user of the Praperty sha!! use, generate, manufa�ture, stare, treat, dispase of or t�elease any Ha�ardous
<br /> 5ubstance on, under, about or from the Property; and �b� any such acti�ity shall be conducted in campliance with
<br /> all applicable �ederal, state, and local laws, regu�atians and ordinanGes, including without limitation aIl
<br /> En�ironmental Laws. Trustor authorizes Lender and its ag�nts to enter upvn the Proper�y t� make such
<br /> inspectivns and tests, at Trustar's expense, as Lender may deem app�apriate t� determine �omplian�e of the
<br /> Praperty with this section vf the Deed af Trust. Any inspections or tests mad� by Lender sha�l be f�r Lender's
<br /> purposes only and shal� not �e �onstrued ta creat� any r�sponsibility ❑r liability on the part af Lender tv Trustor ❑r
<br /> to any other person, The representations and warranties contained herein are based an Trustor's due diligence in
<br /> in�estigating the Pr�p�rty for Ha�ardous Substan�es. Trustar hereby �1� re�eases and ►rvai�es any future c�aims
<br /> against Lender for indemni�y ar �antribution in the e�ent Trustvr be��mes liable for cleanup or ❑ther C�5t5 under
<br /> any such laws; and (�� agrees to indemnifiy, defend, and hold harmless Lender against any and all claims, losses,
<br /> liabilities, damages, penalties, and expenses which Lender may directly ❑r indirectly sustain ar suffer resulting from
<br /> a breach vf �his secti�n of the Deed of Trust ❑r as a consequence ❑f any use, generation, manufacture, storage,
<br /> disposal, r��ease or threatened refease accurr�ng prior to Trustor's ❑wnership or interest in the Property, ►rvhether vr
<br /> nat the same was or should ha�e been known to Trustor. The pr��isians of this section of the Deed of Trust,
<br /> including the obligatian to indemnify and defend, shall sur�i�e�he paymen#o�the Inde�tedness and the satis�action
<br /> and recan�eyance ❑f�he lien of this D�ed af Trust and shali not be affected by Lender's acquisitian ❑f any interest
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