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. � 2� 17���45
<br /> oEE�a c�F T�us�r
<br /> Loan No: ��7 3��2D� ��ortt�nued� Page �
<br /> indirec�, determined or undetermined, absalute or contingent, liquida�ed or unliquida�ed, whether gorrawer ❑r Trus�ar
<br />� may be iiab�e indi�idually or jo�ntly wi�h others, whether obliga�ed as guarantor, sur�ty, accomm�da�ion party �r
<br /> otherwise, and whefiher reca�ery upon suCh amounts may be ❑r herea�ter may become barred by any statute af
<br /> Eimitatians, and wheth�r th� obliga�tivn �o repay such amoun�s may be or hereafter may became vtherwise
<br /> un�n�flrcea�le. if the Lender is required t❑ gi�e notice ❑�the right to canc�l under Truth in Lending in conn�c�ion with
<br /> any additianal loans, �xtensians �f cr�dit and �ther liabili�ies ❑r❑bliga�ions of Trustvr to Lender, then�his D��d vfi Trust
<br /> sha[f no�secure additianaE laans or obligations unless and until such naf�ce is gi�en.
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<br /> FUTURE ADVANCES. In additian to �he Note, this ❑eed of Trus# �ecures all future ad�an�es made by Lender �o
<br /> Borrower or Trustar whether or no��he ad�ances are made pursuant to a commi�ment. Speci�ically, withau# limEtatiort,
<br /> this Deed ❑�Trust secures, in additi�n #o the amounts spe�ified in fihe Nflte, all future amounts Lender in its dis�re��an
<br /> may loan t❑ Barrovuer or Trustor, together wi�h a�l infierest thereon. �
<br /> Trus�or presently assigns �o Lend�r {aisfl knawn as Benefi�iary in this Deed ofi Trusty ali o� Trus�or's right, �i�le, and
<br /> interest in and to ai� present and fu�ure ieases o� the Praperty and all Rents fram the Property. ln addition, Trustar
<br /> grants to Lender a Uniform Comm�rcial Code securi�y interest in the Persana! Property and Rents.
<br /> TH1S DEED OF TRUST, INCLUDING THE ASSIGNMENT �F RENTS�AND THE SECUR[TY [NTEREST IN THE RENTS AND
<br /> PERS�NAL P1��PERTY, [S GIVEN T� SECURE {A� PAYMENT �F THE INDEBTEDNESS AND tg} PERF�RMANCE �F
<br /> ANY AND ALL QBLIGATI�NS UNDER THE N�TE, THE RELATED D�CUN[ENTS, AND THIS DEED ❑F TRUST. TH[S
<br /> DEE�QF TRUST IS �IVEN AND ACCEPTED �N THE F�LL�1rVING TERiVlS:
<br /> TRUSTQR'S REPRESENTATEflNS AND 11VARRANTIES. Trustor warrants that: {a} this ❑eed �fi Trus�t is executed at
<br /> Borrower's requ�st and no� a�the reques� �f Lender; {b} Trustar has the fiull power, right, and author�ty tv enter in�o
<br /> �khis Deed o� Trust and to hypothecate the Praperty; �c} the proWisions ❑f this Deed vt Trus� d❑ nat canfli�� w��h, ar �
<br /> result in a default under any agreement or other instrument binding upvn Trus�tor and do no� resuft in a �iolatian o� any
<br /> Eaw, r�gulativn, �ourt d�cre� ar vrder applicab[e t❑ Trus�vr; �d� Trustor has es�ablished adequate means of ❑b�aining
<br /> #rom Borrower ❑n a.continuing basis information about Borrower's financial candi�ion; and {e} Lender has made na
<br /> representation�❑Trustor abvut Borrower {including without[imi#ati�n-�he creditworthiness of B�rrow�r�.
<br /> TRUST�R'S 1NAIVERS. Trus�ar wai�es all righ#s �r defenses arising by reasan o�any "ane action" or "an�i-defiiciency"
<br /> iaw, or any oth�r law which may pre�ent Lender from br�ng�ng any actian against Trus�tor, including a claim f�r
<br /> deficiency to the extent Lender is ❑therwise en�i#led t❑ a �laim far deficiency, befiore or after Lender`s cammencement
<br /> or camplefiion o�any foreclasure ac�ivn, either judicially�r by exercise of a pawer of sale.
<br /> PAYlVIENT AND PERFflRMANCE. Except as otherwise prfl�ided in this D�ed ❑f Trusf, gorrawer and Trustor shall pay to
<br /> Lender ail Indebfiedness secured by this ❑eed of Trus� as.it becom�s due, and 6orr�wer and Trustor shall strEct�y
<br /> per-�orm ail the�r respectiWe abligativrts under the Note, #his Deed ❑fi Trust, and�he Rela�ed Documents.
<br /> P�SSESSI�N AND MAINTENANCE �F THE PR�PERTY, Borrower and Trus�ar agree that Borrower's and Trustor's
<br /> passession and use of the Property shall be�v�erned by#he fallowing prv�isions:
<br /> Pvssession and Use. Untii the occurrence of an E�ent of ❑e�aulfi, Trus�ar may ��} remain in possession and
<br /> can�ro� of the Property; �2} use, op�rat��r manage the Property; and �3� collect the Rents from�he Praperty.
<br /> Duty to Main#ain. Trustor shal� maintain fhe Praperty in tenantable cvndition and pr�mpt�y perfivrm all repairs,
<br /> repia�ements, and main�enance necessary to pr�s�rWe its�a[ue.
<br /> Compliance 1Jllith Environmental Laws. Trustor represents and warran�s t❑ Lender that: {1} During the periad of
<br /> Trustor's ❑wnership ❑f the Praperty, �here has be�n na use, generation, manufacture, storage, treatment, dispvsaf,
<br /> re�ease vr threatened reiease of any Ha�ardnus Subs�ance by any person on, under, about ar frflm the Prvperty;
<br /> {2} Trustvr has no knowledge af, or reason ta betieve that there has i�een, ex�ept as pre�iously�disclosed �a and
<br /> acknow�edged by Lender in writing, �a� any breach ❑r �iola�ion of any En�irvnmental Laws, �b} any use,
<br /> generation, manufa�ture, storage, -treatment, disposa�, re[ease ❑r threa#ened release of any Hazardous Substan�e
<br /> on, under, about ar from the Property by any prior owners or occupants of the Property, ar �c� any a�tual or
<br /> thr�aten�d li�igation or claims ❑f any kind by any person relating fia su�h matters; and �3} Except as pre�iously
<br /> dis��osed t❑ and acknowledged by Lender in writing, �ay nei�her Trus�or nor any tenant, c�ntractor, agent❑r o�her
<br /> autharized user v�fihe Prop�r�y shall use, generate, manufacture, store, tr�at, dispose ❑f or rel�ase any Hazardous
<br /> Substance on, under, about or�rom the Prflperty; and �b} any such acti�ity sha�[ be canducted in compliance wi�h
<br /> ai{ appliCabl� federal, sfa�e, and local laws, regulations and ❑rdinances, incEuding with�ut limitatian a!)
<br /> En�ironmental Laws. Trustor authvri�es Lender and �ts agenfis tv enter upon the Property t� make such
<br /> inspections and �ests, afi Trustar's expense, as Lender may deem appropriat� fio determine camplianc� of �he
<br /> Praperty with this section of the Deed o� Trust. Any inspe�tians ar �ests made by Lender shall be f�r Lender's
<br /> purposes only and shal� not be consfirued ta crea�e any responsibility or liabili�y an the part of Lender tv Trusfior or
<br /> tv any other person. The representations and warran�ies contained herein are based on Trus�ar's due diligence tn
<br /> in�estiga�ing �he Property �or Hazardous Substances. Trusfivr hereby ��} releas�s and wai�es any future claims
<br /> against Lender �ar indemnity flr contribufian in the e�en� Trustor becvmes liable for cl�anup �r other costs undsr
<br /> any such faws; and ��y agrees t❑ indemnify, defend, and ho�d harmless Lender agains�any and aE� ciaims, lass�s,
<br /> liabilities, damages, pena�tE�s, and expenses which Lender may dir�ctiy❑r indErec�ly sustain or suffer resu�ting �ram
<br /> a breach ❑-��his sectEon o�the �3eed ❑f Trusf or as a consequence ❑f any use, genera�ion, manu�ac�ure, storage,
<br /> disposal, release�r thr�afiened re�ease ❑ccurring prior fio Trustor's vwnership or interes�in the Proper�y, whether or
<br /> not �he same was or should ha�e }�een knawn to Trusfiar. The pro�isions af this sec-�i�n at the Deed �f Trus�,
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