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2� 17��453
<br /> vEEa oF T�usT
<br /> L,�an Na: 'I�'!��'i 5�� ��o�ltinued} I�age �
<br /> unenforceable.
<br /> FUTURE ADVANCES. In addition to the Note, this ❑eed of Trust secures ail future ad�ances made by Lender to
<br /> Bvrrawer vr Trustor wheth�r vr nor the ad�ances ar� made pursuant tv a commitment. Specifically, withou� limitation,
<br /> this De�d of Trust s�cures, in addition to the amvunts specified in the Note, all future am�un#s Lender in its dsscretion
<br /> may S�an to Borrvwer❑r Trustar, �agether with all interest thereon.
<br /> Trust�r presen�ly assigns ta L�nder �als❑ kn�wn as Beneficiary in �his Deed ❑f Trust� all af Trust�r's rsght, title, and
<br /> in�erest in and t� all presen� and future leases af th� property and all Rents fr�m the Praperty. fn additi�n, Trustar
<br /> grants ta Lender a l�niform Cvmmercial �ode SeGurity interest in�he Persanal Pro��r�y and f�ents.
<br /> THIS ❑EED �F TRUST. �NCLIJDING 7HE ASS�GNIVIENT �F RENTS AN� THE SECURITY INTEREST IN THE R�NTS AND
<br /> PERS�NAL PRC�PERTY, IS GIVEN T�] SECURE �Aj PAYMENT' DF THE INDEBTEDNESS �ND tBy pERF�RMANCE C�F
<br /> ANY AN�7 ALL UBLIGATIUNS UNaER THE N�TE, THE RELA7"ED D�CL�MENTS, ANC� THIS DEED C]F TRUST. THIS
<br /> DEED UF TRUST IS GIVEN AND ACCERTED f�N THE F�LL�INING TERMS:
<br /> TRUSTDR'S REPRESENTATI�NS AND WARRANTIES. Trustar warrants that: �a� this ❑eed of Trust is executed at
<br /> Borrawer's request and not at the request af Lender; �by Trustar has �h� full p�wer, r�ght, and authority to enter into
<br /> this Deed of Trust and t❑ hypothecate the Property; �G� the pro�isians o� this Qeed af Trust do nat ��nflict with, ❑r
<br /> result fn a d�fau�t under any agreement or other instrument binding upon Trustvr and do nflt result in a �iolatian ❑� any
<br /> law, regulation, court de�ree or ❑rder �pplicahle to Trustor; �d7 Trustor has established ad��uate means of obtaining
<br /> fram Borrower an a cont'snuing basis infarmati�n about Bvrrawer's financial cQnditian; and �e� L�nder has made na
<br /> r�presentation ta Trustor a�out Borrow�r �in��uding vuithout limita�ion the Gred�twQr�hiness v� Barro�werf.
<br /> TRUST�R'S VIIAIVERS, Trustor wai�es all rights or d�fenses ari�ing by reason ❑f any "one �ctivn" ar "anti-defi�iency"
<br /> law, vr any other law which may pre�ent Lender from bringing any a�tion against Trustor, in�luding a claim for
<br /> defi�i�nGy to th� e�tent Lender is otherwise entitled tv a claim for defi�iency, b��ore ❑� a���r Lender's cvmmencem�nt
<br /> or completian of any fore�lvsure a�tion, either judi�ially ar �y exercise v�a p�wer af sale.
<br /> PRYMENT ANQ PERF�RMANCE. Except as otherv�rise pro�ided in this Deed af T�ust, Barrnwer and Trustor shall pay to
<br /> Lender a!1 IndebtednesS secured by this Deed vf Trust as it be�omes due, and Borraw�r and Trustor shall strictly
<br /> perfvrm all their respecti�e obligations under the Nat�, this aeed af Trust, and th� F�elated Documents.
<br /> P�SSESSI�N AND MAINTENANCE �F THE �RnPERTY. Barrower and Trustor agree tha� Barrower's and Trustvr's
<br /> possessian and us� ��the Prvperty shall be go�erned by the followin� pra�i�ians:
<br /> Possessian and U�e. Until the o�cucr�nce of an E�ent of Defiault� Trustor may �1� remain in pQsse�sion and
<br /> c�ntrol of the Praperty; f�� us�, �perate ar manag� the Praperty; and �3� �ollect the R�nts firam the Praperty,
<br /> Duty tv Maint�in. Trustor shall maintain the �ro�erty in renantab�� candition and prompt�y perform all repairs,
<br /> �eplacementS, and maintenance necessary tv preser�e its �alue.
<br /> Compliance With Environmenta! Laws. Trustar represents and warrants to Lender that: �1� C�uring the period of
<br /> Trustor's ownership❑f the Property, there has aeen n� use, generation, mant�facture, storage, treatme�t, disposa�,
<br /> releas� ar threatened release af any Ha�ardous Substance by any person an, under, ab�ut ar fram the Property;
<br /> �Z� Trustar has n❑ knawledge of, or r�ason t❑ �elie�e that there has b�en, exc�pt as pre�iously disclosed t❑ and
<br /> acknowledged by Lender in writing, �ay any breach ar �iolation af any En�ironmsntal Laws, �b) any use,
<br /> generation, manufa�ture, storage, treatment, dispvsal, rel�ase ❑r threatened release of any Hazardous Substan�e
<br /> on, under, abaut or fr�m the �raperty b� any prior own�r� ❑r ❑ccupants of the Property, �r (c� any aGtua� or
<br /> threatened �itigation ar claims af any kind by any p�rson r�l�ting tv �uch mafiters; and �3y Exc�pt as preWivus�y
<br /> discla�ed ta and acknowledged �y Lender in writing, �a� nei�Cher Trust�r nor any tenan�C, cvntracxor, ag�nt ar ather
<br /> autharized user of the Pr�p�rty shall use, generate, manufacture, star�, treat, dispose of or r�i�ase any Hazardous
<br /> Sub�tan�� on, under, �h�ut�r fram th� Pro�erty; and {by any such ac�i�ity�hall be conduc�ed in cvmpfiance with
<br /> all applicable federal, state, and IocaS laws, regulations and �rdinances, including without �imitativn �II
<br /> En�ironmenta� Laws. Trustor authorizes Lender and its agents to enter upon the Property t� make such
<br /> inspections and t�sts, at Trustar's expense, as Lender may deem appropriate ta determine �ompliance c�� the
<br /> Property w�th this ssction vf the Deed of Trust. Any inspe�tians ❑r tests made by Lender shall be fa�r Lend�r's
<br /> purpases vnly and shall no� be construed tv create any respansibility vr liability on the part of Lendes #ti Trustar ar
<br /> to any other persQn. The representati�ns and warranties contained herein are bas�d ❑n Trusto�'s due dili�en�e in
<br /> in�estigating the Property for Hazardous 5u�stances. Trustar her�by �1� relea�es and wai��s any future �iaims
<br /> against Lend�r far ind�mnity or Gantributian in the e�ent Trustvr b�c�mes liabl� for cleanup �r ather cQsts under
<br /> any suGh �aws; and �2y ��rees tc� indemni�y, defend, and h�ld harmless L�nder against any and all claims, Ivsses,
<br /> liabili�ies, damages, penalti�s, and expens�s which Lender may direct�y vr indirectly sus�aEn or suffer resulting �rom
<br /> a breach of this secti�n at the Qeed af Trust or as a cons�quence of any use, genera�ion, manu�a�tur�, storage,
<br /> disposal, release�r threaten�d releas� occurrin� prior to Tru�tor's ownership ar inter�st in the Praperty, whether nr
<br /> not the same was ar shQuld h��e been known to Trust�r. The pro�isions af this se�tion of the ❑eed of Trus�,
<br /> including th�nbfFgat�on �o indemnify and defend, shall sur�ive the paym�nt af the Indebtedness and the satisfactian
<br /> and re�an�eyance af the lien vf this Deed vf Trust anc� shall not be affected by Lender's acquisition ❑f any int�rest
<br /> in the Property, whether by foreclasure ar�therwise.
<br /> Nuisance, Waste, Trustar shal� not cause, �ondu�t �r permit any nuisance nor commit, permi�, Qr suffer any
<br /> stripping af ❑r waste ❑n or to the Property ar any porti�n of the Pro�erty. IlVithvut limiting the generality of the
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