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2� 17� 14�4
<br /> DEEi] �F YRUST
<br /> L�an Nfl: ���3���75 ��ontinue�l� Page 2
<br /> this Deed ❑f Trust secures, in addition tv the amvunts specified in the Not�, all future amaunts Lender in its dis�r�tivn
<br /> may loan to Borrpwer or Trustor, together with all interest there�n.
<br /> Trustor presently assigns to Lender �also known as Ben�ficiary in this �eed ❑f Trust� all af Trustor's right, titie, and
<br /> int�rest in and ta all present and tuture leases ❑f the Property and ail R�nts fram the Property. In additi�n, Trustor
<br /> grants t❑ Lender a LJnifarm Gommercial Cade security interest in the Personal Property and Rents.
<br /> THfS DEED flF TRUST. INCLUOIN� THE AS5IGNMENT �F RENTS AND THE SECURITY INTEREST IIV THE RENTS AND
<br /> PERSC]NAL PR�PERTY, IS GIVEN T� SECURE {A} PAYMENT �F THE INDEBTE�NESS AN❑ �B} PERFDRMANCE aF
<br /> ANY AND ALL QBL��ATI�NS UNDER THE N�TE, THE RELATED Dfl�[�MENTS, AND THSS DEED �F TRUST. THfS
<br /> DEED�F TRUST 15 GIVEN AND ACCEPTED �N THE F�LL�INING TERMS:
<br /> TRl15TC�R'S REPRESENTATI�NS AND WARRANTlES. Trustor warrants that: �a7 this D�ed af Trust is executed at
<br /> Borrower's request and not at the request vf Lender; (b} Trustor has the full pawer, right, and authority to enter inta
<br /> this ❑eed of Trust and tp hypvthecate the Prop�rty; �cy the pro�isivns of this Deed a� Trust d❑ not canflict with, or
<br /> result in a default under any agreement vr other instrument binding upon Trustor and do not result �n a �iolativn a� any
<br /> �aw, regulation, c�urt decree or order a�plicable ta Trustor; {df Trust�r has established adequate means af ❑btaining
<br /> fram Borrawer on a cvntinuing basis information about 6nrrower's financial canditi�n; and �e} Lender has made na
<br /> representation to Trustor about Bvrrower �including withaut limitation the creditworthiness of garrowery,
<br /> TRUSTQR'S VIJAIVERS. Trustor wai�es all rights or def�nses arising by reasan af any "ane actian" or "anti�deficiency"
<br /> law, or any other faw whiGh may pr��ent L�nder frvm bringing any acti�n against Trustar, including a c�aim for
<br /> defi�iency tv the extent L�nder �s otherwise entitled to a claEm for deticiency, before or after Lender's �ommencement
<br /> ❑r�omp�et�on ot any foreclosur� act+an, either judicia!!y ❑r by exercise of a power of sale.
<br /> PAYMENT AND PERF�RIVIANCE. Ex��pt as otherwise pra�ided in this Deed of Tru�t. Borrawer and Trustor shall pay to
<br /> Lender atl lndebtedness secured by this ❑eed vf Trust as it becames due, and g�rrower and Trust�x shall strictly
<br /> perform all their respecti�e ob�igations under the Note, this Deed of Trust, and the Reiated Documents.
<br /> PDSSES5I�N AND MAINYENAN�E 4F THE PR�PERTY. garr�wer and Trustor agree that Barrower's and Trustvr's
<br /> possessian and use �f the Property shall b�go�erned by the following pro�isions:
<br /> Possession and Use. Until th� o�currence of an E�ent ❑f Default, Trustor may �1} remain in possession and
<br /> control af the Property; �2j use, ❑p�rate or manage the Praperty; and �3� collect the Rents fr�m the Praperty.
<br /> Duty tv Maintain. Trustor shall maintain the Property in tenantable c�ndition and pramptly perform a�E repairs,
<br /> repiacements, and maintenance necessary to pres�r�e its �alue.
<br /> Compliance With En�ironmental Laws. Yrustor represents and warrants ta Lender that: �1� ❑uring the period �f
<br /> Trustor's ownership af the Praperty, there has heen na use, generation, manufacture, starage, treatment, disposal,
<br /> release ❑r threatened releas� ofi any Haxardous Substance by any person on, under, about ar �ram the Property;
<br /> ��� Trustor has no knowledge af, ❑r reason to belie�e that there has been, except as pre�iously disclos�d to and
<br /> acknvwledged by L�nder in writing, �a� any �reach flr �io�ation of any En�ir�nmental Laws, {b} any use,
<br /> generation, manufa�ture, starage, treatment, disposal, re�ease ar threatened r�l�ase o# any Hazardous Substance
<br /> on, under, about or from the Property by any prior awners or accupants of th� Property, or �c} any actual or
<br /> threatened �it+gatian or claims of any kind by any person reiating tv such matters; and �3� Except as pre�i�usly
<br /> disclvsed to and acknawledged hy Lender in writing, {a� neither Trustor nar any tenant, cantractar, agent ar other
<br /> authorized user af the Prap�rty shall use, gen�rate, manufacture, store, treat, disp�se af or release any Hazardous
<br /> 5ubstance on, under, abaut vr�rom the Pr�perty; and {b� any su�h acti�ity shall be conducted in �amplianc� with
<br /> a!I applicable f�derai, state, and lacal �aws, regulatians and ordinances, including without limitation all
<br /> En�ironmental Laws. Trustor autharizes Lender and its agents to enter upon th� Property tcr make such
<br /> inspeGtions and tests, at Trustor's expense, as Lend�r may deem appropriate to determine compliance af the
<br /> Property with this section o� the ❑e�d of Trust. Any inspect�ons or t�5t5 made by Lender shall be for Lender's
<br /> purpases ❑nly and shall nat be construed to create any responsibility ❑r !}ability on the pa�t af Lender ta Trus�or or
<br /> to any �ther person. Th2 representatians and warranties contained herein are based on Trustor's du� dilig�nce in
<br /> in�estigating the Praperty for Hazardvus Substances. Trustar hereby �1� re�eases and wai�es any future Glaims
<br /> against Lender #or indemnity ar ��ntribution in the e��nt Trustar b�comes liable for cleanup or ❑ther costs under
<br /> any such laws; and ��y a�rees to indemnify, defend, and hvld harmless Lender against any and aii claims, I�sses,
<br /> liabilities, damages, penalties, and expenses whi�h Lender may dire�tly o� indire�tly sustain or suffer resulting from
<br /> a brea�h af this section afi the ❑eed of Trust or as a consequence af any use, generation, manufacture, storage,
<br /> disposal, release or threatened release occurring prior to Trustvr's ownership vr interest in the Property, whether or
<br /> not �he same was or should ha�e been known to Trustor. Th� pra�isians af this section af the Deed of Trust,
<br /> including the❑bligation ta indemnify and defend, sha�l sur�i��the payment of the Ind�btedness and the sati�factian
<br /> and rec�n�eyan�e af the lien vf this �eed a#Trust and shall not be affe�ted �y Lender's aGquisition af any interest
<br /> in the Property, whether by for�cl�sure or ntherwEse.
<br /> Nuisance, Waste. Trust�r shall not cause, canduct or permit any nuisance n�r commi�t, permit, ar suffer any
<br /> strspping of ar wast� ❑n ❑r to the Praperty �r any p�rtian af the Property. Withaut limiting the generality af the
<br /> foregoing, Trustor will nat remo�e, ❑r grant to any ❑ther party the righ# to remo�e, any timber, minerais �in�luding
<br /> oil and gas�, coal, clay, scoria, sail, gra�ei or rock pr�ducts without Lend�r's prior written ��nsent.
<br /> Rerr�or►a�vf Impra�ements. Trustor shall nat d�molish or remo�e any Impro�ements fram the Real Prvperty wi#h�ut
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