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2� 17��929
<br /> �EED �F TRUST
<br /> ��ontinued} Page z
<br /> Trustor presently assigns to Lender (a�so known as E3eneficiary in this ❑eed of Trust} all of Trustor's right, title, and
<br /> interest in and to all present and future leases vf the Praperty and ali Rents from �he Property. In additivn, Ttustor
<br /> grants to Lender a Unifarm�ammercial Code security int�rest in the Persana!Praperty and Rents.
<br /> TH�S DEED�F TRUST, INCLLIDING THE A551GNMENT�F RENTS AND THE SECURITY INTEREST IN THE RENT5 AND
<br /> PERS�NAL PRnPERTY, 15 GIVEN TO SECURE {A� PAYMENT�F THE INDEBTEDNESS AND �B� PERF�RMANCE DF
<br /> EACH OF TRUST�R'S AGREEMENTS AN D �BLIGATIDNS UNDER THE CRE�IT AGREEMENT, THE RELATE�
<br /> D�CUMENTS, AND TH15 DEED DF TRUST. TH15 DEE❑ �F TRUST 15 GIVEN AND AC�EPTED �N THE F�LL�WING
<br /> TERMS:
<br /> TRIIST�R'S REPRESENTATI�NS ANO WARRANTlES. Trustor warrants that: �a} this Deed ❑f Trus# is executed at
<br /> Borrvwer's request and not at the request v�Lender; (b} Trustar has the full power, right, and authority ta enter into
<br /> this Deed of Trust and tv hypothecate the Property; �c} the pra�isions of this Deed of T�ust do not cvnflict with, or
<br /> result in a default under any agreement or other instrument hinding upon Trustor and do not result in a�ialati�n of any
<br /> law, regulation, �ourt decree ar❑rder appli�able to Trustor; �d} Trustor has established adequate means af ohtain�ng
<br /> from Barrower on a continuing basis information about Bvrrower's financial condition; and �e} Lender has made no
<br /> representation to Trustor abaut Barrawer{including withvut limitativn th�creditwarthiness of garrower}.
<br /> TRUST�R'S VIIAIVERS. Trustor wai�es all rights❑r de�enses arising by�eason❑f any"ane action"or"anti-def ciency"
<br /> law, or any other law which may pre�ent Lender fram bringing any action against Trustor, inciuding a claim for
<br /> deficiency�o the extent Lender is❑therwFss entitled to a claim for deficiency, before or after Lender's commencement
<br /> ❑r campletion of any fare�losure action,either judi�iaily or by exer�ise of a power o�sale.
<br /> PAYIVIENT AND PERF4RMANCE. Except as otherwise prv�ided in this Deed of Trust, Borrower shall pay to Lender all
<br /> Indebtedness secur�d by this Deed of Trust as it becomes due, and Borrower and Trustor sha�i perform al1 theEr
<br /> respec#i�e obligativns under the Credit Agreement,this❑eed of Trust,and the Related Dvcuments.
<br /> P�SSESSION AND NlAINTENANCE OF THE PR�PERTY. Svrrowe� and Trustar agree that Borrower's and Trustor's
<br /> possessivn and use of#he Property shall be ga�erned by the fvllowing pro�isivns:
<br /> Possession and Use. Untif the occurrence af an E�ent af Default, Trustor may (�} remain in possession and
<br /> contrvl of the Property; t2} use,vperate or manage#he Property;and �3} collect the Rents from the Propetty.
<br /> Du#y to Maintain. Trustar shall maintain the Praperty fn good condition and promptly perform all repairs,
<br /> rep�acements,and maintenance necessary to preserve its value.
<br /> Compliance With En�ironmental Laws. Trustor represents and wa�rants ta Lender that: ��} During the period of
<br /> Trusto�'s vwnership of the Proper#y,�here has been na use,generation, manufacture,storage, treatment,disposal,
<br /> release or#hreatened release of any HaZardous Substance by any persvn on, under, abaut or from #he Property;
<br /> �2} Trustar has no knowledge af, or reason t❑ helie�e that there has been, except as pre�iously disclosed to and
<br /> acknowledged by Lender in writing, �a} any breach or �ialation of any Environmental Laws, �b} any use,
<br /> generation, manufacture, storage, treatment, disposal, release ar threatened release vf any Hazardvus 5ubstance
<br /> on, under, about or fram the Proper�y by any prior owners or occupants of the Property, or �c} any actual vr
<br /> threatened litiga�ion or claims of any kind by any person relating to su�h matters; and �3} Except as pre�iously
<br /> disclosed ta and acknowledged by Lender in writing, �a} neither Trustor nor any tenant,contractor,agen#or other
<br /> authorized user of the Property shal! use, generate, manufacture, store,treat, dispose of or release any Hazardous
<br /> 5ubstance on, under,about ar from the Property;and �b� any such acti�ity shali be conducted in complian�e with
<br /> al! applicable feder�al, state, and Iocal laws, reyulations and �rdinances, including without limitation all
<br /> Environmental Laws. Trust�r authorizes Lender and its agen�s to snter upon the Property to make such
<br /> insp�ctivns and tests, at Trustar's expense, as Lender may deem apprvpriate to determine compliance of the
<br /> Property with this section of the Deed of Trust. Any inspections or tests made by Lender shal� be for Lender's
<br /> purposes vn�y and shail nvt be construed to c�eate any responsibili#y or liabili#y❑n the part of Lender to Trustar or
<br /> to any other person. The representations and warranties contained herein are based ❑n Trus#or's due diligence in
<br /> in�estigating the Property for Hazardous 5ubstances. Trustor hereby {1} releases and wai�es any future�laims
<br /> against Lender for indemnity or confribution En the e�ent Trustor becomes liable for c�eanup or oth�r costs under
<br /> any such laws; and (�} agrees tv indemnify,defend,and hold harmless Lender against any and al�claims, losses,
<br /> liabilities, damages,penaities, and expenses which Lender may directly or indirectly sustain vr suffer resu�ting from
<br /> a breach of this section af the ❑eed of Trust vr as a consequence of any use, generation, manufacture, storage,
<br /> dispasar, release❑r threat�ned release v�curring prior to Trustor's ownership or interest in the Prvperty,whether❑r
<br /> no�the same was or should ha�e been knvwn to Trustor. The pro�isians of this section vf the Deed vf Trust,
<br /> including#he vblsgation tv indemnify and defend,shall survi�e the payment vf the lndebtedness and the satisfactivn
<br /> and recon�eyance af the lien of this Deed vf Trust and shall not be affected �y Lender's acquisition vf any in�e�est
<br /> in the Property,whether by foreclosure or otherwise.
<br /> Nuisance, Waste. Trustor shall no# cause, cvnduct ar permit any nuisan�e nor commit, permit, or suffer any
<br /> s#ripping of or waste on or to the Property or any pvrtian ot the Proper�y. Without limiting the generality of#he
<br /> foregoing, Trustor wi11 nvt remo�e, vr grant to any vther party the right to remove, any timber, minerals�including
<br /> oil and gas},coal,clay, scoria,soil,gra�el or rack products w�thout Lender's priar written consent.
<br /> Remo►►al of Impro�ements. Trus�or shall not demolish or rema�e any Impro�ements fram the Real Prnperty withaut
<br /> Lender's prinr written cvnsent. As a condition to the remo�ai of any Impra�ements, Lender may requ�rs Trustor t❑
<br /> make ar�angements satisfactory to Lendsr to replace such Impro�ements wi#h Impro�ements of at least equal
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