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2� 17���82
<br /> �EED �F TRUST
<br /> Loan Na: '[��3���f86 ��ontYnued} Page 2
<br /> ANY AND ALL �BLIG1�Ti�NS UNDER THE N�TE. THE RELATED DOCUIIrIENTS, AND TH1S DEED �F TRUST. THlS
<br /> DEED�F TRUST IS G1VEN AND ACCEPTE❑ �N THE FQLL�WING TERMS:
<br /> PAYMENT AND PERFCMRN[ANCE. Excep� as atherw�se pr��ided in this Deed of Trust. Trust�r shall pay to Lender all
<br /> amaunts secured by this Deed ot Trust as they become due, and shaE( str�cfily and in a �ime[y manner perform a[[ o�
<br /> Trustor's vbliga�tions under the Note, this Deed o�F Trust, and fihe Rela�ed Documents.
<br /> P�SSESSI�N AND MAINTENANCE C]F THE PR�PERTY. Trustor agrees that Trustor's possessian and use ❑f the
<br /> Proper�y shal[ be gv�e�-ned by the#ollowing pr��is�ons:
<br /> P055�55IOr1 and U�e. Until the occurren�e ❑f an E�ent of De�aultf Trustor may �1 y remain in passessian and
<br /> cvn�ral o�th� Proper�y; �2� use, ❑perate❑r manage the Property; and �3} co�I�ct the Ren'�s from the Praper�y.
<br /> ❑uty #o IUIaEntain. Trustor sha[[ maintain the Property in tenantable condition and pramptly perfarm alI repa�rs,
<br /> rep[ac�ments, and maintenance necessary to preser�e its �alue.
<br /> Comp�iance Vllith Cn�ironmenta[ Laws. Trustor represents and warrants ta Lender that: {�� auring the p�riod of
<br /> Trust�r's ownership of the Praperty, there has been no �s�, generatian, manufacture, storage, �reatment, disposa[,
<br /> release ❑r threatened release of any Hazardaus Suhstance by any pers�n on, under, about or �rom the Property;
<br /> t�} Trus�or has n� knowledg� of, or reason to belie�e that th�r� has been, except as pre�ivusly disclosed t❑ and
<br /> acknow�edged by Lend�� in writing, �a} any breach or �ivlation ot any En�ironmental Laws, �b} any use,
<br /> generation� manufacture. storage, treatmenfi, disposal, release ar threatened release of any Hazardflus Substance
<br /> on, under� a�out ur fir�m #he Property by any pri�r ❑wners or occupanfis o� �he Prop�rty, ❑r {c� any actual or
<br /> �hreatened �itigatian or claims �� any kind by any person re�afi�ng fio such mat�ers; and {3} Except as pre�iously
<br /> disc[�sed t❑ and a�knawledged by Lender in writing, �a} n�ither Trustor nor any tenant, contractor, agent or other
<br /> authvrized user vt the Property sha[I use, generate, manufactur�, stvre, �reat, dispose o#or r�[�as� any Hazardous
<br /> Substance on, uncler, about❑r��am the Prvperty; and �b} any such acti�ity sha[! be conducted in �vmpliance with
<br /> a[[ applicabl� fecl�ral, state, and Iv�al 1aws, regu�atians and ardinan�es, including without limitation aIl
<br /> En�ironm�ntal Laws. Trustar authorizes Lender and ��s agents to enter upvn the Praper�y t❑ make such
<br /> inspections and tests, at Trusfior's expense, as Lender may deem appr�priate t❑ dete�-mine compliance �� the
<br /> Property with this se�tion of th� Deed �f Trust. Any inspections or tests made by Lender shall be for Lender's
<br /> purpvses only and sha[I not be construed tv crea�e any responsibili�y ❑r liabifity on the part❑f Lender to Trustor or
<br /> �to any othe� p�rsan. The �epresentatEans and warranties cantained herein are hased ❑n Trustvr's due di[igence in
<br /> in�estigating the property �or Hazardous Substances. Trustor hereby ��y r�l�ases and wai�es any fufiure claims
<br /> against Lender for indemn�ty or contribution in the e�ent Trustor bec�mes liable ��r cleanup ❑r other costs under
<br /> any such Iaws; and �2} agrees�o indemnity, detend, and hold harm[ess Lender against any and all �[aims, Iosses,
<br /> Iiabilities, damages, penalties, and expenses which Lender may direct[y❑r�ndi�-ectly sus�ain or su��er resu[ting fram
<br /> a breach of this s��tivn of the Deed o�Trust or as a consequence ❑f any use, genera�ivn, manufacture, storage,
<br /> disposa�, reiease❑r�hreatened rel�ase ac�urring prior to Trus�vr's�wnershEp vr infieres�in the Pr�perty, whether❑r
<br /> not the same wa� or shoufd ha�e been knawn t❑ Trustor. The pro�isions ❑f this sectian of rhe Deed of Trus#,
<br /> including the obligation�o indemnify and defend, shall sur�i�e the payment o#the lndeb�edn�ss and the sa�isfac�ivn
<br /> and recon�eyance of the lien of this ❑e�d af Trust and sha�l nvt be affected by Lender's acquisition of any interest
<br /> in the Pr�perty, whether lay fare�losur��r otherwise.
<br /> Nuisance, 1J�faste. Trustvr shal� not cause, �anduc� or permit any nuisance n�r commit, permi�, or suffer any
<br /> stripping ❑f or was�e on a� to the Property ❑r any po�t�an o# the Praperty. VIlithout limiting the generali�y o�the
<br /> foregoing, Trust�r will nat remo�e, ❑r grant to any other party the right to remove, any timber, minerals �including
<br /> vil and gas�, coal, clay, scar'sa, soil, gra�ei or�o�k produc�s wi�hout Lender's prior written consent.
<br /> Removal of[mprowemen#s. Trustv�-shall no�demolish❑r remo�� any lmpro�em�nts from the Real Prop�rty without
<br /> Lender's prior written cvnsent. As a cond�tivn t❑th� remo�al of any [mpro�ements, Lender may require Trusfior�a
<br /> make arrangemen�ts satis-Factvey t❑ Lender t❑ rep[ace such Impravements with Improvements ❑f at least equa�
<br /> �alu�.
<br /> Lender's Right to Enter. Lender and Lender's agents and represen�a�i�es may enter upon �he Real Property at all
<br /> reas�nable times to attend �o Lender's in��rests and t❑ inspe�t �he Real Property fvr purposes vf Trustor's
<br /> compliance with the terms and �onditions o��his ❑eed of Trus�.
<br /> Compliance with Ga�ernmen�a! Requirements. Trus#ar sha[E promp�ly comply wi�h all laws, ardinances, and
<br /> regulatians, now ❑r hereafter in effect, ❑f all go�er�nmental authorities appficab[e �o �he use or �ccupancy of the
<br /> Praperty, inciudin� withau� limi�ation, the Am�ricans W�th D�sabilities Act. Trustvr may cantest in gond faith any
<br /> such law, ardinan�e, ❑r regula�ion and wi#hhvEd compliance during any praceeding, inc�uding apprnpriate appea[s,
<br /> so [ang as Trustor has notifiied Lender in writing privr ta doing s❑ and s❑ long as� in Lender's sa[e❑pinion, Lender's
<br /> interests in the Prvperty are nat jeapardized. Lender rnay require Trus�or ta post adequate security or a surety
<br /> �ond, reasonably satis#actory tv Lender, to protect Lender's interest.
<br /> Duty #o Pro#�c#. Trustvr agrees neither to abandon or lea�e una�tended the Pr�perty. Trustor shall do all a�her
<br /> acts, in addEtion ta�hvse a�ts set fvrth abo�e in this section, which from �he character and us� ot the Prope�ty are
<br /> reasanably n�cessary t❑ prv�ect and preser�e the Property.
<br /> DUE�N SALE-��NSENT BY LENDER. Lender may. at Lender's ❑p#ion� dec�are immedia�ely du� and payable all sums
<br /> secured by this Deed of Trust upon the sale or fi�ansfer, wi�hout Lender's prior written consent, o�all or any part vf the
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