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2� 17��8�7
<br /> DEED �F TRUST
<br /> ���nt�nu�d} Page �
<br /> Trustor present�y assigns to Lender �also known as Beneficiary in this aeed o�Trus�} a�� of Trustar's right, title, and
<br /> in�erest in and to afl presen� and futur� �eases ��th� Property and al[ Rents from the Praperty. In �dditian, Trustvr
<br /> gran#s ta Lender a �niform Gamm�rcia[Code security interest in the Personal P�aperty and Rents.
<br /> TH{S DEED �F TRUST, INCLUDIN� THE A5SIGNMENT aF RENTS AND THE SECURITY INTEREST iN THE RENTS AND
<br /> PER54NAL PR�PERTY, 15 GIVEN TD SECIJRE [A} PAY�IrIENT aF THE tNDE6TEDNESS ANU �Bj PERF�RIVIANCE QF
<br /> EACH C�F TRUST�R'S AGREENtENTS AND OBLIGATiDNS UNl7ER THE CREI3IT ACREEMENT, THE RELATED
<br /> D4CUMENTS, AND TH15 DEED �F TRUST. TH15 QEED �F TRUST CS G�VEN AND ACGEPTED DN THE F�LL�I�lING
<br /> TERMS:
<br /> PAYMENT AND PERFC3RMANCE. Except as vtherwise pro�ided in this Deed o�Trust, Trustor shall pay tv Lender all
<br /> amaunts secured by �his ❑eed nf Trust as they become due, and shall str�c�ly and in a timely manner perform al[ af
<br /> Trus�or's obfigations under the Credi�Agreemen�, this �eed v�Trust, and�he Re�afied Dacuments,
<br /> P�SSESS�4N ANC] MAINTENANGE QF THE PRDPERTY. Trustvr ag�ees �hat Trustor's possessian and use o� �he
<br /> Proper#y sha11 be go�erned 1ay�he fo��owing pro�isions:
<br /> Possession and Use. Until the occurrence of an Even� of Default, Trustor may ��} remain in possession and
<br /> contro!❑f the Prop�r�y; �2) use, operate or manage the Property; and {3} c��lec�the Ren�s�rom the Property.
<br /> Duty �o Nlaintain. Trus#a�- shall maintain �he Prope�ty �n good conditian and promptly perfa�m all repairs,
<br /> repiacements, and maintenance n�cessary ta preserve its�alue.
<br /> Comp�iance 1Ni�h Env�ronmen�al Laws. Trustor represents and war`�ants �o Lender that: �13 During the period of
<br /> Trustor's ownersh�p of the Prope�ty, there has been no use, generat�on, manufa��ure, storage, treatment, disposal,
<br /> re�ease or threatened release �f any Hazardous Subs�ance by any person on, und�r, about or fr�m the Propetty;
<br /> �2} Trustor has no knowledg� af, or reason ta believe �hat there has been, �x�ept as previ�usly discfosed to and
<br /> acknow[edged by Lender �n writing, �a} any breach or �io�a�ion of any En�ironmen�al Laws, �b} any use,
<br /> generation, manufacture, storage, t�eatmen�, disposal, re�ease or threatened release of any Hazardous 5ubs�ance
<br /> on, und�r, abau� or f�om the Proper�y by any pr�or owners or occupants a�' the Property, or �c} any actual or
<br /> threa�ened litigation or claims af any kind by any person rela�ing �fl such mat�ers; and (3} Except as pre�iously
<br /> disc�osed �o and acknowledged by Lender in writing, ta} neither Trustor nor any�enant, cantractor, agen�or a�h�r
<br /> authorized user af the Property sha�[ use, generate, manu�acture, store, treat, dispose ot or release any Hazardous
<br /> Subsfance on, under, about o�from#he Prop�rty; and tb} any such aC�i�ity shal� be conducted in �omplianc�with
<br /> a1� appficable fede�al, state, and [ocai laws, regula�ions and ordinances, inciuding without limitation a!1
<br /> En��ranmental Laws. T�ustor authorizes Lender and its agen�s ta ��t�er upon the Proper�y to make sueh
<br /> inspections and tests, a# Trustor's expense, as Lender m�y deem approp�ia�e ta de�ermine compliar�ce o� �he
<br /> Property wi�h this section o�the Deed of Trust. Any inspectians ar t�sts made by Lender shal[ be �ar Lender's
<br /> purposes oniy and shal� not be cons�rued to create any respons�bility or liability on the part of Lender to Trustvr or
<br /> to any other person, The representations and warranties contained herein are based on Trustar's due diligence in
<br /> in�estigating the P�operty far Haza�dous 5ubstances. Trus�or hereby ��} releases and wai�es any future c�aims
<br /> against Lender fo� indemnity ar �ontribution in �he e�ent Trustor becomes liable for cleanup or other �osts under
<br /> any su�h laws; and �2} agrees t� indemni�y, defend, and hofd harmf�ss Lender agains�any and all claims, losses,
<br /> liabili�ies, damages, p�naEfiies, and expenses which Lender may direc�[y or indirect[y sustain ar suffer resu[�ing from
<br /> a breach of this s�ction of the Deed of Trust or as a cansequence of any use, genera�ion, manufacture, sfiarage,
<br /> disposa[, r��ease or�h�ea�ened release accurrin� priar ta Trustor's vwne�-ship ar interest in the Property,whe�her or
<br /> nat the same was or should have been knawn �o Trustor. The pro�isions o�this s�ction af the D�ed o�F Trust,
<br /> including the abliga��on ta indemnify and defend, shaf!survive the payment af the �ndebtedness and the satisfact�on
<br /> and reconveyance �f the lien af this D�ed of Trust and shall not be affeCted by Lender's acquisition of any interest
<br /> in the Proper�y,whether by fo�eclasure or otherwise.
<br /> Nuisance, Waste. Trustor shall nat cause, conduct or permi� any nu�sance nor cvmm�t, permit, or suff�r any
<br /> s�ripping o� or waste on or to the Praper�y or any po�tion ❑f the Proper�y. Without limiting �he general��y of the
<br /> �orego�ng, Trustar w�l� nat remove, or grant to any other party the righ��o remo�e, any timber, m�nera�s �inc�uding
<br /> oil and gas}, cnal, clay, sco��a, s�il, gravef or rock praducts withaut Lender's prior written cansent.
<br /> R�mo�al �f Imprar►ements. Trustor sha![ n�t demolish or remo�e any Impro�emen�s from�he Real Property without
<br /> Lender`s prior wri���n consent. As a eondition to#he rema�a� of any Impro�ements, Lender may require Trustor�o
<br /> make arrangements satisfa�tory to Lender �o replace such Impro�emen�s with Improvements af at leas� equal
<br /> �alue.
<br /> Lender's R�ght fo En�er. Lender and Lender's agents and representati�es may enter upnn th� Real Prope�ty at a[�
<br /> reasonable times to att�nd �o Lender's inte�ests and to inspect the Rea! Prope�ty �or purposes of T�ustor's
<br /> c�mpliance with the terms and con�itions of�his ❑eed of Trust.
<br /> Compliance with Governmental Re�uirements. T�ustor shal� pramp�ly compiy w��h a[I laws, ordinances, and
<br /> regulat�ons, naw or hereaft�r in effect, ofi a�i go�ernmental au�hori�ies appficabl� to the use or occup�ncy of�he
<br /> Prope�ty. Trustor may cant�st in gvod fa�th any such law, ord�nance, or regulation and withhold compliance during
<br /> any proceeding, including appropriate appeals, so long as Trustor has notified Lender in writing pr�or to daing so
<br /> and sa fang as, in Lender's sole opinion, Lender's inte�ests in the Property are not jeopardized. Lender may requi�e
<br /> T'�ustar�v pas#adequate secu�i�y or a sure�y bond, reasonably sa�isfac�ary to Lender, ��profie��Le�der's in�eres�.
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