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2� 17� 1455
<br /> DEED �F TRUST
<br /> Loan N�: 'I�13����3 t�antin ued} Page �
<br /> FUTURE ADVANCES. In additian to the Note, this ❑eed of Trust se�ures al! future ad�ances mad� by Lender to Trustvr
<br /> wheth�r or not the ad�ances are made pursuant ta a cvmmitmsnt. Specifically, withaut limitatian, this ❑eed �f Trust
<br /> secures, in additian ta �he amounts specified in th� Nvte, all future amounts Lender �n its discretian may loan ta
<br /> Trustor, together with all interest thereon.
<br /> Trustvr presently assigns to Lender �als❑ known as Beneficiary in this ❑eed of Trust� all of Trustar's right, tEtle, and
<br /> int�rest in and to ai� present and future ieases ❑f the Proper�y and all Rents from the Property. in additic�n, Trustar
<br /> grants to Lender a Unifvrm Commercial Code security interest in the Personal Property and Rents.
<br /> TH1S DEED �F TRllST. INCLUDING THE ASS�GNMENT �F RENTS AND THE SECURITY �NTEREST 1N THE RENTS AND
<br /> PERSC�NAL PR�PERTY, 15 GIVEN T� SEClJRE [Ay PAYMENT DF THE INDEBTE�NESS AND �6f PERF�RMANCE �F
<br /> ANY AND ALL ❑BLiGATl�NS UNDER THE NQTE, THE RELATED ❑�CUMENTS, AND TH15 DEED �F TRUST. TH15
<br /> DEED QF TRUST 1S GIVEN AND ACCEPTED 4N THE F�LL�WING TERMS:
<br /> PAYMENT AND PERF�RMANCE. Ex�ept as otherwise pra�ided in this Deed of Trust, Trust�r shall pay t❑ Lender all
<br /> amounts secured by this aeed of Trust as they bec�me due, and sha�! strictly and in a timely manner perform a!I ❑#
<br /> Trustor's o�ligations under the Note, this aeed af Trust, and th� Related Dacuments.
<br /> P�SSES5I�N AND MAINTENAN�E �F THE PR�PERTY. Trustor agrees that Trustor's passession and use of the
<br /> Praperty shail be go�erned by the fol�t�wing pr��isians:
<br /> Possession and Use. Until the occurrence ❑f an E�ent af Default, Trustor may ��� remain in possessian and
<br /> cvntrol af the Property; ��� use, operate ❑r manage the Prop�rty; and �3� c��lec#the R�nts from the Praperty.
<br /> Duty to Main#a�n. Trustor shall maintain the Praperty in tenantable canditian and promptly perform ali repairs,
<br /> replacem�nts, and maintenance necessary to preser�� its �alue.
<br /> �omplianc� With En►►iranmen#al Laws. Trustor represents and warrants to Lender that: ��y During the period of
<br /> Trustar's ownership ❑f the Praperty, there has been no use, g�neratian, manufacture, starage, tr�atment, disposal,
<br /> release ar threatened re�ease �t any Hazardous Substan�e �y any person on, under, abaut ar fram th� Prope�ty;
<br /> t2y Trustvr has no knnwledge ❑f, ❑r reason to be�ie�e that there has been, except as pre�iously disc�ased t❑ and
<br /> acknvwl�dged by Lender in writing, �af any breach or �i�iation ❑f any En�iranmentaf Laws, �b� any use,
<br /> generation, manufacture, storage, tr�a�ment, disposal, release or threatened release of any Hazardaus Su�s�ance
<br /> on, under, a��ut or from the Pr�perty by any prior own�rs or occupants o# the Property, or �cy any actual ar
<br /> threatened litigation ❑r �laims of any kind by any person relating to such matters; and �3� Ex�ept as pre�ivusly
<br /> dis�lased ta and acknowledg�d by Lender in writing, �a� neither Trustar nar any tenant, contractar, agent or other
<br /> authorized user�f the Property shall use, generate, manufacture, store, treat, dispase of vr release any Hazardaus
<br /> 5ubstance vn, under, about t�r fr�m the Praperty; and ��� any such a�ti�ity shatl be conducted in compliance with
<br /> ail applicabl� federal, state, and I�cai laws, regulatians and ❑rdinances, fnclud�ng withvut lirr�itatian all
<br /> En�iranmental Laws. Trustor auth�r�zes Lender and its agents ta enter upon the Property tv make such
<br /> insp�ctions and tests, at Trustor's expense, as Lender may deem apprapriate to d�t�rmine ��mpliance of the
<br /> Property with this secti�n of the Deed of Trust. Any inspections or tests made hy Lender shall be for Lender's
<br /> purposes only and shall nat be construed to create any responsibi�ity or iiability on the part of Lend�r ta Trust�r or
<br /> t❑ any other person. The representations and warranties contained herein are based on Trustor's due diligence in
<br /> in�estigating the Property for Hazardous Substances. Trustor hereby ��y releases and wai�es any future claims
<br /> against Lender for indemnity or cantributian in the ��ent Trustor becomes liable for cl�anup ❑r other costs under
<br /> any such laws; and �2� agrees t� indemnify, defend, and hald harmless Lender against any and all claims, Iosses,
<br /> liabilities, damages, p�nalties, and expenses which Lender may directly or indirectly sustain or suffer resuiting frt�m
<br /> a breach of this section o# the Deed of Trust or as a �vnsequence of any use, generatian, manufacture, storage,
<br /> dispasa�, release or threatened release occurring priflr to Trustar's ownership or interest in the Property, whether or
<br /> not �he same was ❑r should ha�� been knvwn to Trustar. The pro�isians of this sectian �f the Deed of Trus�,
<br /> in�luding the obligation to ind�mnify and defend, shall sur�i�e the payment of the Indebtedness and th� satisfaction
<br /> and recan�eyan�e of the lien of this Deed of Trust and shall nat be aff�cted by Lender's acquisition af any interest
<br /> in the Prop�rty, wheth�r by foreclosure or otherwise.
<br /> Nuisance. Waste. Trustor shall not cause, canduct or permit any nuisance nar commit, permit, or sufter any
<br /> stripping �f ar waste on ar to the Property vr any partian vf the Prvperty. Without iimiting the genera�Ety of th�
<br /> foregoing, Trustor will not remo�e, ar grant ta any other party the right to remo�e, any �imber, minerals �including
<br /> oi� and gas7, coal, clay, scvria, soil, gra�el or ra�k praducts without Lender's prior written cansent.
<br /> Removal of lmprv�ements. Trustor shall not d�moffsh vr r�mn�e any Impra��ments fram the Reai Pr�perty withaut
<br /> Lender's privr written cansent. As a canditivn �o the rema�a! at any Impro�ements, Lender may require Trust�r t�
<br /> make arrangements satisfac#ary ta Lender ta rep�a�e such lmpro�ements with Impro�ements vf at least equal
<br /> �a€ue.
<br /> L�nder's Righ# to Enter. Lender and L�nder's agents and representati�es may enter upan th� �ea! Property at ail
<br /> reasonable times to attend #� Lender's interests and to inspect the Real Prop�rty for purposes of Trustor's
<br /> campiiance with the terms and candi�ions o�this ❑eed af Trust.
<br /> Compliance with Ga►►ernmental Requirements, Trustor shall promptly c�mply with a!I laws, ❑rdinances, and
<br /> regulations, n�w ar he�eafter in effe�t, o� all go�ernmental author�tEes applicable to th� use or accupancy af the
<br /> Praperty, including withaut limitation, the Americans With �isabilities Act. Trust�r may c�ntest in good faith any
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