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2� 17��272
<br /> DEE[� �F TRUST
<br /> Loan No: 'i�'I 3D'I'i 7� ��ont�nu�d� Page �
<br /> PERS�NAL PR�PERTY. 15 GIVEN T� SECURE �Ay PAYMENT �F 7HE INDE6TEDNESS AND �B} PERF�RMANCE �F
<br /> ANY AND ALL �BLIGATlaNS UNDER THE N�TE, THE RELATED D�CUMENT�, AND TH15 DEED QF TRUST. THIS
<br /> DEED�F TRUST 1S G1VEN AND ACCEPTED�N THE F�LL�VIJING TERMS:
<br /> PAYMENT AN❑ PERF�RMANCE. Except as Qtherwise pra�id�d in this Deed of Trust, Trustvr sha31 pay to Lender alf
<br /> amounts secured by this ❑eed a� Trust as they become due, and shai� strictly and in a timely manner perform all of
<br /> Trustor's vb��gations under the NQte, this Deed nf Trust, and the Related Qacuments.
<br /> P�SSE551�N AND MAENTENANCE DF THE PR�PERTY. Trustor agrees that Trustor's possession and use af the
<br /> Praperty shal! be ga�erned hy the f��lvwing pra�isions:
<br /> Possession and Use. Until the ❑ccurrence nf an E�ent af Default, Trustor may �1} remain in possession and
<br /> cantrvl of the Property; 42� use, vperate or manage �he Property; and �33 coiiect the Rents from the Prvperty.
<br /> Duty to Maintain. Trustor shall maintain the Pr�perty in tenanta�le c�ndition and promptly perform all repairs,
<br /> repla�ements, and maintenan�e ne�essary ta preserve its�alue.
<br /> Cvmplian�e With En�ironmental Laws. Trustor repressnts and warrants t❑ Lender that: �17 During the period of
<br /> Trustor's ownership of the Property, there has been no use, generatian, manufacture, storag�, treatment, disposa�,
<br /> release �r threatened release of any Hazardvus Substance by any person on, under, abou� or from the Property;
<br /> �2� Trustar has n❑ knawledge of, or reason to belie�e that there has been, except as pre�iously disclosed t❑ and
<br /> ackn�wledged hy Lender in writing, �a� any breach or �iolatian of any En�iranm�ntaf Laws, �bf any us�,
<br /> genera�ion, manufacture, starage, treatment, dispasal, release �r threatened relea�e of any Hazardaus Substance
<br /> vn, under, about or from the Praperty �y any prior �wn�rs or ❑��upants of the Praperty, or ��} any actual or
<br /> threatened �itigation or claims of any kind by any person relating to su�h matters; and �3� Except as pre�ivusly
<br /> dis�losed to and acknowledged by L�nder in writing, �ay neither Trust�r nor any tenant, �antractor, agent�r❑ther
<br /> authvrized user o� the Property shall use, generate, manufacture, stare, treat, dispose af flr r�lease any Hazardous
<br /> Substance on, under, about❑r from the Property; and �by any such acti�ity shall be conducted in cQmpfiance with
<br /> a!! appliCable federal, state, and I�cal laws, regulations and ardinances, inciuding without limitatian all
<br /> En�ironmental Laws. Trustor authorizes Lender and its agents to enter upon the Prvperty tv make such
<br /> inspections and tests, at Trus�vr's expense, as Lender may de�m appropriate t❑ determine compliance af the
<br /> Property w�th this sectian ❑f the Deed of Trust. Any inspections or tests made �y Lender shall he for Lender's
<br /> purp�ses ❑n!y and shaR� nvt be construed ta create any responsibi�sty vr Siat�ility vn the part of Lender to Trustvr or
<br /> ta any other p�rs�n. The representatians and warranties cvntained herein are based on Trustar's due diligence in
<br /> in�est�gating the Praperty for Hazardous Substances. Trustor hereby {1} r�l�ases and wai�es any future claims
<br /> against Lender fvr indemnity ❑r contributic�n in the e�ent Trustvr becomes �iable for cleanup c�r vther �asts under
<br /> any such laws; and �2y agrees t❑ indemnify, defend, and h�ld harmless Lender against any and all claims, lvsses,
<br /> l�abilities, damages, penalties, and �xp�nses which Lender may directly ar indirectly sustain ar suffer resulting fram
<br /> a breach at this section ❑f the ❑eed of Trust ar as a consequen�e of any us�, generation, manufacture, storag�,
<br /> disposal, relea�e or threatened release vccurring prior to Trustor's awn�rship or interest in the Property, whether or
<br /> nat the same was ❑r should ha�e been knawn t❑ T�ustvr. The pro�isions af this section af the Deed �fi Trust,
<br /> including the obligation to indemnify and defend, shall sur�i�e the payment of the Indebtedness and�he satistaction
<br /> and recvn�eyance ❑f the lien o�this De�d ❑f Trust and shall n�t be affected by Lender's acquisitivn vf any interest
<br /> �n the Property, whether by fvreclosure ❑r atherwise,
<br /> Nuisance, Vllaste. Trus�tor shall not caus�, ��nduct �� permit any nuisance nvr commit, permit, ❑r suffer any
<br /> stripping of or waste on or ta the Property ar any partivn a� the Pr�perty, Withaut limiting the generafity af the
<br /> foregaing, Trustar will not remo�e, ar grant tv any other party the right tv remo�e, any timber, minerals {includ�ng
<br /> vi1 and gasy, c�a�, clay, scoria, so+�, gra�el or rock produc�s withQut Lender's prior writt�n �onsent.
<br /> R�mvval of Imprvvements. Trustor shall not demalish�r remv�e any Impro�ements #ram the Real Property without
<br /> Lender's prior written consent. As a candit�on t❑ the remv�al af any Impra�ements, L�nder may require Trust�r t❑
<br /> make arrangements satis�actory to Lender ta r�place such Impra�ements with Impro�ements ❑f at least equal
<br /> �alue.
<br /> Lender's Right to Enter. Lend�r and Lender's agents and representati�es may enter upfln the Real Property at all
<br /> reasanable times to attend ta Lender's interests and to inspect th� Real Property far purpvses of Trustor's
<br /> ��mpliance with the terms and cvnditians of this D�ed of Trust.
<br /> Compliance with Co�ernmental Requirem�nts. Trustar shall prompt�y comply with all laws, ordinances, and
<br /> regulat+ons, now ar hereaf#er in effect, v# all go�ernmental autharities applicabie t� the use or occupancy of the
<br /> Praperty, including without limttatian, the Americans Vll�th Disabilities Act. Trustor may contest in good faith any
<br /> such law, ❑rdinance, vr regulation and withhald �ompliance during any proceeding, in�luding apprapriat� appeals,
<br /> s� lang as Trustor has notified Lender in writing prior t❑ dving so and sv I�ng as, in L�nder's sole opinion, Lender's
<br /> interests in the Property are nat jeapardized. Lender may require Trus�or to post adequate SeCurity or a surety
<br /> bond, reas�nably satisfactory tv Lender, tv pratect Lender's interest.
<br /> Duty #o Protect. Trustor agrees n�ither to abandon or lea�e unattended the Praper�y, Trustor shall d❑ all other
<br /> acts, in addition to thvs� acts set forth abo�e in this section, which trom the character and use of the Proper�y are
<br /> reasonably necessary ta pratect and pres�r�e the Prop�rty.
<br /> QUE QN SALE - C�NSENT BY LEIVQER. Lender may, at Lender's vpti�n, declare immediately due and payable a�� sums
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