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2� 17��321
<br /> DEED C3F TRUST
<br /> Loan No: 'I��3�'I��� �C�ritlnu�d� Page 2
<br /> ANY AND ALL OBLI�ATIDNS UNDER THE NOTE, THE RELATED D�CUMENTS, AND THIS DEED �F TRUST. THIS
<br /> DEED�F TRUST �5 GIVEN AND ACCEPTED�N THE F�LL�IJVING TERMS:
<br /> PAYMENT AND PERFaRMANCE. Except as oth�rwise pro�id�d in this Deed of Trust, Trustor shall pay to Lender all
<br /> amoun�s se�ur�d by this Deed at T�ust as �hey become due, and shal[ strict�y and in a time�y manner perfarm al[ o#
<br /> Trus�or's ❑hligations under the Note, this Deed vt Trust, and the Relafied Documents.
<br /> POSSESSI�N AND I�JIA�NTENANCE DF THE PR�PERTY. Trustor agrees that Trus�ar's possession and use ot th�
<br /> Property shall be go�erned by the fvl��wing pro�isions:
<br /> Possession and Use. Until the occurrence of an E�ent �f Defiau[t, Trustor may {1� remain in poss�ssivn and
<br /> cantral ❑f the Property; �2} use, operate ar manage the Property; and �3} cal[ect the Ren�s from the Property.
<br /> Dufy to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform ail r�pairs,
<br /> repla�emen�s, and maintenance necessary to preser�e its�alue.
<br /> Compliance 1Ni�h Environmen#a� Laws. Trustar represents and warran�s �� Lender that: ��} ❑uring the perivd of
<br /> Trust�r's ownership of the Property, there has been no use, genera�ion, manufa��ure, storage, treatment, disposal,
<br /> release or threatened re�ease of any Hazardous Substance by any persan on, under, abou� or from the Pr�perty;
<br /> ��� Trustor has na knowledge of, or reason ta belie�e that ther� has been, except as p�e��ously disclosed �o and
<br /> a�knowledged by Lender in writing, {ay any breach or �iolation of any En�ironmen�al Laws, {b} any use,
<br /> gen�ration, manu#acfiure, storage, �reatment, disposal, release ❑r threatened refease of any Hazardous 5uhstance
<br /> on, unde�-, abaut or from th� Prvperty by any prior �wn�rs ar ❑�cupants o� the Property, ❑r �c} any actual or
<br /> �hreaten�d [E��gafiion or claims of any kind by any person re�ating to such matters; and �3} Except as pre�iausly
<br /> disc[osed�❑ and ackn�wledged by Lender in wrifiing, {a} neither Trustor nor any tenant, cantractor� agent or oth�r
<br /> autharized user of the Property shall use, gen�rate, manufacture, stvre, trea�, dispose o#vr release any Hazardous
<br /> Substance on, under, abou�or from the Property; and {b� any such acti�ity shal[ he cvnducted En comp[iance with
<br /> all app[icab�e federal, state, and lacal Saws, regu�ations and ordinances, inc[uding without [imitatian all
<br /> En�ironmenta� Laws. Trus#or authvrizes Lender and its agents t❑ en�er upon �he Property ta make such
<br /> inspections and tes�s, at Trus�a�-'s expense, as Lend�r may deem appropriate �o determine cvmpliance ot the
<br /> Pr�perty w�th this section of �he Deed af Trust. Any inspections or tests made by Lender shall be for Lender's
<br /> purpases only and shall not be canstrued to crea�e any responsihility or liability on fihe parfi of Lender ta Trus�or ❑r
<br /> to any ather person. The r�presentations and warranties con�ained herein are based on Trustor's due di[�g�nce in
<br /> in�estigating the Property �or Hazardous Substan�es, Trustor hereby {z} refeases and wai�es any future claims
<br /> against Lender for indemn�ty ❑r contribut�an in th� e�en# Trustor becomes liable tar cleanup ar vther c�sts under
<br /> any such [aws; and �2} agrees t❑ indemnify, de�end, and hold harm[ess Lender against any and a[[ c[aims, [vsses,
<br /> liabi[ities, damages, pena�ties, and expenses which Lender may direct[y or indirecfly sustain or suffer r�suiting�r�m
<br /> a breach af�his section o�#he Deed of Trust or as a cons�quence of any use, genera#ivn, manutacture, sto�age,
<br /> dispasal, re�ease❑r threatened release occurring prior�❑Trustor's ownership or interest in the Praperty, whe�her vr
<br /> nat the same was ❑r should ha�e be�n knawn to Trus�or. The pro�isions of this section of the �eed of Trust.
<br /> including the obliga�ian tv �ndemni�y and defend, shall survi�e the payment of the Ind�btedness and the sa�isfaction
<br /> and recon�eyance of the lien of�his Deed ❑f Trust and sha�� not be affe�ted by L�nder's acquisiti�n of any interest
<br /> in the Prop�r�y, whether by fvreclosur� o�❑�herwise.
<br /> Nuisance, Waste. Trustar shaii nat cause, �onduc� o�- p�rmit any nuisance nor commit, permit, or suf�er any
<br /> stripping of or waste on or tv �he Prope�ty ar any por�ion ❑f the Prap�rty. With�ut I�mifiing the generality af the
<br /> faregoing, Trust�r will not remo�e, ❑r grant t� any other par�y the right to remo�e, any timber, minerals �including
<br /> oif and gasy, coal, clay, sc�ria, soil, gra�e� vr rock products without Lender's prior►nrri�ten consent.
<br /> Removal o�Improv�ments. Trustor shall not demolish ar remv�e any]mpro�ements frvm the Rea[ Property withau�
<br /> Lender's priar written consent. As a condit�on fio the removal ❑f any Impro�ements, Lender may require Trust�r t�
<br /> make arrangemenfis satisfa�tory �❑ Lender to replace such lmpro�ements with Empro�ements of at leas� equal
<br /> �alue.
<br /> Lender's Right to Enter. Lender and Lender's agents and r�presentati�es may enter upan the Rea[ Property at alI
<br /> reasonable times to attend to Lender`s interests and �o inspec� th� R�a� Proper�y for purposes of Trustar's
<br /> compliance wifh the�erms and conditions af�his ❑eed ❑f Trus�.
<br /> Compliance wi�h Go�ernmenta[ Requirements. Trustar sha�l promptly comply with alf [aws, ordinances, and
<br /> regula�ivns, n�w or hereafter in eftect, af all go�ernmental authorities app€�cable to th� use ar accupancy o� the
<br /> Proper�y, including withou� limitation, the Ameri�ans With �isabilities Act. Trus�or may contest 3n good faith any
<br /> such law, o�dinance, or re�ulati�n and w�thhold c�mplEance during any pro�eeding, including appropriate appeals�
<br /> so [an� as Trus'�or has nvtif�ed Lende�in writing prior to d�ing so and sv [�ng as, in Lender's sole❑pinion� Lender's
<br /> in�eres#s in the Property are not jeopardized. Lender may require Trustor to pvs� adequa�e secu�-i�y or a sure�y
<br /> bond, reasvnably safisfactory ta Lender,to prvtect Lender's in�erest.
<br /> Duty ta Protect. Trustar ag�-e�s neither �❑ abandan or I�a�e una�tended �he Proper�y. Trustor sha[l do a�� other
<br /> ac�s, €n addition ta thos� acts set-Forfih abo�e in this sec�ian, which from the character and use of the Property are
<br /> reasonab[y necessary to protecfi and preserve the Property.
<br /> ❑UE ON SALE-CflNSENT BY LENDER, Lend�r may, at Lende�'s �ption, declare immedEately due and payable all sums
<br /> secu�ed by�his ❑eed of Trust upvn the sale ar�ransfer, withvut Lender's prior wri�fen �onsent, of a[[ ar any part af�he
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