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2� 17����4-
<br /> DEED �F TRUST
<br /> L�an Nv: 'I�'I 3DD�27 {Cant�nued} Page �
<br /> result in a de�aul� under any agreement o�- athe� instrument binding upon Trusfior and da not result in a �i�lation of any
<br /> law, regu�a�ian, caurt decree or ❑rder applicable tv Trustor; {d} Trus�or has established adequafie means o� alataFn�ng
<br /> from Borrower ❑n a continuing basis �n�vrmation about Barr�wer's financ�al canditian; and �e� Lender has made na
<br /> represenfiation to Trustor abvut Borrawer �including without limi�a�ivn fihe credi�worthiness of Borrawer�.
<br /> TRUST�R'S VIJAtVERS. Trus�or wai�es all rights ❑r defenses arising by reasvn of any "one acfian" ❑r "anti-defii�ien�y"
<br /> law, ❑r any other law which may pre�ent Lender firvm bring�ng any ac�ion against Trustar, including a claim for
<br /> deficiency to the ex�ent Lender is otherwise enfii�led ta a claim for de�ic�ency, be�ore ❑r after Lender's commencement
<br /> vr completion of any foreclasure acfiion, eithe�judicially ar by exercise ❑�a power❑f sale.
<br /> PAYMENT AND PERFDRMANCE. Except as ❑therwise pro�ided in this Deed o�F Trusfi, Borrower shall pay tv Lende�-all
<br /> lndeb�tedness secured 1ay this Ueed o-� Trust as i� becomes due, and Bvrrower and Trustor shall perform all �heir
<br /> i respecti�e abliga�ions under�he Nvte,�his Deed of Trus�, and�he Related Documents.
<br /> PDS5E5SI�N AND MAINTENANCE aF THE PRnPERTY. Borrower and Trustor agr�e that B�rrower's and Trus�or's
<br /> possession and use❑f the Property shall he go�erned by�he following pro�isians:
<br /> Possession and Use. Llntil the ❑ccurrence ❑f an E�ent a� ❑e�Faul�, Trustor may �_'i} remain in pvssession and
<br /> contrvl of�he Praperty; �Z� use, operate❑r manage�he Property; and {3� collec�the Rents�rom the Praperty.
<br /> Duty tv Main�ain. Trustor shall maintain the Proper-�y �n tenantabEe condition and promptiy perfo�m all repairs,
<br /> replacemenfis, and maintenance necessa�y to preser�e i�s�alue.
<br /> Compliance With Environmental Laws. Trus�kor represents and warrants �o Lender tha�: �1} During the period o�
<br /> Trust�r's vwnership❑f the Property, there has laeen na use, generation, manufacture, storage, �reatment, dispasal,
<br /> release or�hreafiened r�f�ase of any Hazardous Suhstance by any persvn on, under, abaut ❑r-�rom the Property;
<br /> {Z} Trustor has n❑ knvwledge a�, ❑r reas�n ta belie�e fiha��here has been, except as preWivusly disclased �a and
<br /> acknawledged by Lender in wri�ing, {a� any breach ❑r �iolation v� any En�iranmental Laws, �b} any use,
<br /> genera�ion, manufacture, stora�e, treatment, disposal, release ❑r threa�ened release of any Hazardous Subs�ance
<br /> on, under, abou� ar from the Property by any pr-�or ❑wners or ❑��upants o-� the Property, ❑r �c} any ac�ual ❑r
<br /> threatened li�igation ❑r cfaims af any kind by any persan re�ating t❑ such matters; and �3} Excsp� as pre�iously
<br /> disclosed ta and acknowlsdged 1ay Lend�r in wri�ing, �a} neither Trustor nor any fienant, cantractar, agent or❑fiher
<br /> authorized user❑f the Property shall use, generate, manufacture, store, trea�, dispose of❑r release any Hazardous
<br /> Substance on, under, about❑r�r�m the Prope�ty; and {b} any su�h ac�i�ity shall he conducted in compliance with
<br /> all applicable federa�, state, and Ivcal laws, regutat€�ns and ardinances, including withvut limsta�tion all
<br /> En��ronmental Laws. Trustor authorizes Lsnder and its agents to enter upvn the Prope�-ty to make such
<br /> inspec�ians and t�s�ks, at Trustar's expense, as Lender may deem appropriate to determ�ne �nmpl�ance of �he
<br /> Proper�y with this section af�he Deed a# Trusfi. Any inspec��vns �� tes�s made by Lender shall be for Lender's
<br /> purposes vnly and sha�i nat be cons�rued to create any responsibility or liability�n the part o�Lender ta T�-ustor�r
<br /> tv any ❑�her persan. The representations and warran�ies �on�ained herein are 1�ased ❑n Trus�or's due diligence in
<br /> investigating �he Proper�y �or Ha�ardous Su�s�ances. Trustor hereby �'i� releases and wai�es any future c�aims
<br /> against Lender -�a�- indemnity ❑r contribution in the e�ent Trustor becomes liable for cleanup ❑r v�her cos�s under
<br /> any such laws; and �2� agrees�o indemn�fy, defend, and ho�d harmless Lende�-a�ainst any and all c�aims, losses,
<br /> lialailities, damages, pena��ies, and expenses which Lender may dire��ly�r indirec�ly sus�ain vr su��er�-esul�ing from
<br /> a brea�h ❑�this sectivn o��he Deed of Trust vr as a consequence of any use, generativn, manufacture, st�rage,
<br /> disposal, release or threatened release occurring p�-ior to Trustar's ownership o�in�eres�in the Praperty, whe�her ar
<br /> not the same was or should have been known to Trustar. The pro�isions of this se�tion of the Deed of Trust,
<br /> including fihe�bliga�ion to indemnify and de#end, sha[�sur�i�e the payment o-�the Indelatedness and�he satisfactian
<br /> and recvnveyance ❑f the �ien of�his Deed o�Trust and shall not be a��ected hy Lender's acquisi�ion of any interes�
<br /> in the Prope�rty, whether�y farec�osure or otherwiss.
<br /> Nu�sance, Waste. Trustor shall not cause, canduct or permit any nuFsance nor �nmmit, permi�, ❑r su��er any
<br /> stripping af or v+raste ❑n ❑r ta the Praperty or any pv�tian ❑fi fihe Praperty. Wi�hout l�mit�ng �he general�ty ❑f the
<br /> �aregoing, Trus�vr rrvii[ not remove, ❑r grant t❑ any vther party�he righ�k�❑ remo�e, any�imher, minerals 4including
<br /> �E! and gas}, cval, clay, s�oria, sail, gravel�r rock products wEthou�Lender's prior wri�ten cansent.
<br /> RemovaE o�lmprvvements. Trustar shall nvt demo�ish or remv�e any lmpra�ements from�he Rea� Property wi�hout
<br /> Lender's privr written consen�. As a condi�ion t❑�he remv�a� af any �mpr��ements, Lender may require Trustvr�a
<br /> make arrangemen�s satisfactary �ko Lender to replace such (mp�-a�ements with Impro�emen�s af at least equaf
<br /> . �alue.
<br /> Lender's R�ght to En�er. Lender and Lender's agen�s and representa�i�es may enter upon �he Rea� Property at a�l
<br /> reasonahle times to at�end ta Lender's interests and �v inspecfi �he R�al Proper�y ��r purposes ❑f Trustor's
<br /> cvmp�iance with the fierms and conditians�f this Deed of Trust.
<br /> Compliance wi�h Gv�ernmental Requirements. Trustvr shall promptEy �omply wifih al� �aws, ord�nances, and
<br /> regu�afiions, now ❑r hereafter in e€fect, of a�� ga�ernmenta� authvrifiies applicable to the use vr occupancy of the
<br /> Property, including wi�hou� lim3tafiian, the Americans With Disak�ilities Ac�. Trustor may cantest in gvod faith any
<br /> such law, ordinance, vr regulation and withhold campliance during any praceeding, including apprapriate appea�s,
<br /> s❑ lang as Trustor has no�ifted Lender in writing prior to doing sv and sv long as, in Lender's so�e opinion, Lender's
<br /> interes�s in the Prvper�y are nofi �eopardized. Lender may require Trustor to post adequate security or a sure�y
<br /> 1�ond, reasvnably satisfactory�❑ Lender,to prvtect Lender's interest.
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