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2� 17� 1315
<br /> DEEa C]F 7`RUST
<br /> �Continued} Page z
<br /> interest in and to a11 present and future leases ofi the Property and a�l Rents from �he Property. �n addition, Trustar
<br /> grants tn Lender a Uni�orm�ammercial Cade security interes�in the Persona� Prope�ty and R�nts.
<br /> THiS DEED�F TRUST, �NCLUDING THE ASS[GNNlENT QF RENTS AND THE SECURITY[NTEREST IN THE RENTS AND
<br /> PERS4NAL PR�PERTY, 15 GIVEN T� SECURE �A} PAYMENT�F THE INDEBTEDNESS AN� �B} PERF�RMANCE �F .
<br /> EA�H aF TRUST�R'S A�REEMENTS AN❑ OBLl�AT10NS UNDER THE CREDIT AGREEMENT, THE RELATED
<br /> Q�CUNfENTS, AND THlS ❑EED �F TRUST, THIS DEED OF TRUST IS GIVEN AN� A�CEPTED 4N THE FqLL�WlNG
<br /> TERMS:
<br /> PAYMENT AND PERF4RMAN�E. Excep# as otherwise pra�ided in this Deed o�Trust, Trustor shall pay to Lender all
<br /> amounts secured by th�s Deed o�Trust as they b�come du�, and shall s�r�c�ly and in a timely manner perfarm al� of
<br /> Trustor's obliga�ions under the�redit Agreement,th�s❑eed�f Trus�, and the Related ❑ocuments.
<br /> P�SSESSiON AND MA�NTENANCE 4F THE PR�PERTY. Trustor agr�es that Trustor's possession and use of the
<br /> Property shail be go�erned by�he fallow�ng pro��sions:
<br /> Poss�ssion and Llse. Unti� �he occurrence of an Event o� Defau�t, Trus�flr may �1} remain in possession and
<br /> control of the Property; �2} use,flperate or manage the Property;and �3} co�Iect the Rents�rom the Property.
<br /> Duty tn Maintain, Trustor sha�l maintain �he Property in gaod condition and pramp�ly pe�fiorm all repa�rs,
<br /> rep�acements, and main�enance necessary fio preserve its�a(ue.
<br /> Camp�iance �IV'ith En�ironmen�aN Laws. Trustor represents and warrants to Lender that: ��} During �he period of
<br /> Trustar's ownership af the Property, the�e has been no use, genera�ion, manufacfure, s�orage, treatment, disposal,
<br /> release or fhrea�ened re�ease o� any Hazardaus Substance by any person an, under, about or from th� Property;
<br /> ��} Trusto�has no knowledge �f, or�-eason tv believe that there has been, except as pre�iously dis�lased ta and
<br /> acknowledged by Lender in writin�, �a} any brea�h or �iolation of any En�ironmental Laws, (b} any use,
<br /> generation, manu�acture, storage, t�ea�men�, disposal, releas� or threa�ened release of any Hazard�us Substan�e
<br /> on, under, about or from the Properky by any prior owne�-s or occupanfs of the Property, or �c} any ac�ual or
<br /> threatened li�igatian ar claims o�any kind by any person re�a��ng �o such matters; and (3} Ex�ept as pre��ously
<br /> disc�osed to and acknow�edged by Lender in wri�ing, ta} nei�her Trustor nor any�enant, con�rac�or, agent or other
<br /> au�horized us�r of the Proper�y sha11 use, generate, manu�acture, store, #reat, dispos� of o�release any Hazardous
<br /> Subs�ance on, under, about or f�om the Proper#y; and �b} any such acti�i�y sha�! be conducted in compliance wi�h
<br /> all applicable �edera�, state, and Io�a� iaws, regulations and o�dinanc�s, inc�uding without limitation al�
<br /> En�ironmenta� Laws. Trustor autho�izes Lender and ifs agents to en�er upon the Property to make such
<br /> insp�c��ons and t�s�s, at Trustor's expens�, as Lender may deem apprapriate tfl de�ermine complian�e o� �he
<br /> Proper�y wi�h this sectian o�the Deed o�Trust. Any inspectians or fests made by Lender shal! be �or Lender's
<br /> purpases only and shall nat be construed to creat�any responsibi��fy or �iability on the par�af Lender�o Trustor or
<br /> �o any other person. The representations and warranties contained herein are based on Trus�or's due diligence in
<br /> in�es�igating �he Property �ar Hazardous Substan�es. Trustor hereby �1} reieases and wai�es any fu#ure claims
<br /> against Lender for indemnity or contribution in the even� Trustor becomes fiabie for cl�anup ar o�her �osts unde�
<br /> any such �aws; and ��) agrees to indemnify, defend, and hold ha�-mless Lender against any and al1 claims, losses,
<br /> liabil�ties, damages, penal�ies, and expenses wh��h Lender may d�rectly or ind�rectly sustain or suffer resul�ing fram
<br /> a breach o�this section of the ❑e�d o�Trust or as a consequence of any use, genera#ion, manufiacture, storage,
<br /> disposal, release or threatened release occurring prior ta Trustor's ownership or interest in the Property,whethe�or
<br /> not the same was or should ha�e �een knawn ta Trustor. The pra�isions af fhis section of �he C�eed of Trust,
<br /> including the ob�igation to ind�:mnify and defend, shali survi�e the payment of the lndebtedness and�h�satisfac�ion
<br /> and recanveyance of the lien o'F�his ❑eed of Trust and shal! not be affe�ted by Lender's acqu�sition of any in�erest
<br /> in the Prope�ty,whe�her by foreclasure ar otherwise.
<br /> Nu�sance, 1Naste. Trustvr sha11 not cause, conduct or permit any nuisanc� nor commit, permit, or suffer any
<br /> s�ripp�ng of or waste an or to the Proper�y or any portian af the Property. Without limiting the gen��aii�y of the
<br /> for�gaing, Trustor wiil no� remo�e, ar grant to any ather party the right to remove, any timber, minerals �including
<br /> oil and gas}, coa�, clay, scoria, soi�, gra�el or ro�k products without Lender's prior written cor�sent.
<br /> Removal af lmpravements. Trus�or shall not demolish or remo�e any lmpro�ements from the Real Proper#y without
<br /> Lender's prior written cansen�. As a candi�ian �o the remo�al af any [mpro�ements, Lender may require Trustor�o
<br /> mak� arrangements satisfiac�o�-y to Lender to repla�e such �mpro�emen�s with Impro�ements o� a� leas� equal
<br /> �alu�.
<br /> Lender's Right�❑ Enter. Lender and Lend��'s agents and representatives may enter upon the Real Property at a(I
<br /> reasanable �imes �� a�tend to Lender's interests and to inspect the Rea{ Pr�per�y far purpos�s of Trustvr's
<br /> compliance wi�h�he terms and cond�tions ofi�his Deed of Trust.
<br /> �ampliance wi�h GoWernm�ntal Requir�ments. Trus#or shal! promp�ly comp�y with all laws, ordinances, and
<br /> regu�a�ions, now or hereafter in �ff�ect, o�a�l go�ernmenta� autharities appl�cab�e �o the use ar ocGupancy of the
<br /> Property. Trus�or may contest in good�aith any such law, ordinance, or�egula�ian and withhold comp�iance during
<br /> any proceeding, including appr�priate appeals, so (ong as Trus�or has no�ified Lender in writing pr�or ta doing sa
<br /> and so long as, in Lender's s�le opinion, Lender's in�eres#s in the Prvperty are not jeopardized. Lender may requir�
<br /> Trus�or to post adequate security or a surety band, �easonably sa�isfactory ta Lender,to pro�ect Lender's in�erest.
<br /> �uty to Prot�ct, Trustor agrees neither to abandon or lea�e unattended #he Property. Trustor shal� dQ al� ather
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