|
2� 17� 1594
<br /> DEED �F TRUST
<br /> Lvan No: 'I�'13��155 �Corltirlued� Page �
<br /> FUTURE ADVANCES. In additian to the Note, this Deed a# Trust secures all tuture ad�ances made by Lender t❑
<br /> Borrawer or Trust�r whether ar nat the ad�anc�s are made pursuan�to a cammitment. 5pec�ficaiiy, without limitation,
<br /> this Deed of Trust secures, in addition tfl the amaunts spe�ified in the Nate, all futur� am�unts Lender in its discretian
<br /> may loan t❑ Bvrrower�r Trustar, together with all interest thereon.
<br /> Trustor presently assigns t❑ Lender �alsa kn�wn as gen�fi�iary in this D��d of Trustl all of Trusto{'s right, tit�e, and
<br /> interes# in and to a�� present and tuture leases of the Praperty and all Rents from the Property, In additian, Trustor
<br /> grants to Lender a Llniform Commercial Cade security interest fn th� Personal P�op�rty and Rents.
<br /> THIS ❑EED �F TRUST, INCLUDING THE ASSIGNMENT �F RENTS AND THE SE�URfTY INTEREST IN THE RENTS AND
<br /> PERSC]NAL PR�PERTY. IS GfVEN T� 5ECl1RE {Af PAYMENT QF THE INDEBTEDNE55 AN� tg} PERF�RMANCE C]F
<br /> ANY AND ALL �BLI�ATIDNS UNDER THE NaTE, THE RELATED D�CUf1lIENTS, AND THIS ❑EEt� �F TRUST. THIS
<br /> DEED �F TRUST IS GIVEN AND ACCEPTED QN THE F�LL�WING TERIVIS:
<br /> TRUST�R'S REPRESENTATI�NS AND WARRANTfES. Trust�r warrants that: �a� this ❑eed af Trust is executed at
<br /> garrower's request and not at the request o� L�nder; [b� Trustor has the full pawer, right, and autharity t� enter inta
<br /> this Qeed ❑f Trust and ta hypath�cate the Property; �cy the pro�isians of this Deed ❑t Trust do nat confl�ct with, ar
<br /> result in a de�ault under any agreement vr other instrument binding upon Trustor and da not result in a �ioiatian of any
<br /> law, regulatifln, cvurt decree ar order applicable ta Trust�r; �dy Trustor has established adequate means of ❑btaining
<br /> from go�rower ❑n a cant�nuing basis Enfarma�ion about Barrower's financial conditian; and �e} L�nder has made no
<br /> r�presentativn to Trustar about Barrawer {including with�ut limitation the creditworthiness ❑f Borrowery.
<br /> TRUST�R'S WAIVERS. Trustor wai�es all rights or defenses arising by reason af any "one actian" ar "anti-deficiency"
<br /> law, or any o�her law which may pre�ent Lender from bringing any actinn against Trust�r, in�luding a c�aim for
<br /> deficiency ta the �xtent Lend�r is otherwise entitled to a claim fvr deficiency, befare or after Lender's cammencement
<br /> ar c�mpietion of any foreclosure acti�n, either judiciafly❑r k�y exer�ise of a pow�r a�sale.
<br /> PAYMENT AND PERF�RMANGE. Except as atherwise pra�ided in this Deed of Trust, Borr�wer and Trustor shall pay t❑
<br /> Lender ai� Ind�btedness s�cu�ed by this ��ed �f Trust as it becames due, and Sarrawer and Trustor shafl strkctsy
<br /> perform all their respecti�e vb�igations under the Note, thEs ❑eed of Trust, and the Related Documents.
<br /> PQSSESSI�N AND IVIAINTENANCE DF THE PR�PERTY. Borrvwer and Trustflr agree that B�rrower's and Trustor's
<br /> passessivn and use of the Property shaii �e ga�erned by the foll�wfng pro�isians:
<br /> Possession and Use. lJnti! the occurrence af an E�ent af ❑e�ault, Trustor may ��� rema�n in possessian and
<br /> contral ❑f the Property; t2f use, operate or manage the Prop�rty; and �37 coilect the Rents frflm the Property.
<br /> Duty tv Maintain. Trustor shall ma�ntain the Prop�r�y in tenantable conditian and promptly perform all repairs,
<br /> replacements, and maintenance necessary to preser�e its �alue.
<br /> Campliance With En�iranmental Laws. Trustor represents and warrants to Lender that: �1� �3uring the periad of
<br /> Trustor's vwnership ❑f the Property, there has been no use, generation, manufac�ure, storage, treatment, d'rsposal,
<br /> reiease ❑r threatened release ❑t any Hazardous Substance by any pe�son on, under, a�out vr from the Property;
<br /> ��} Trustor has no knowledge nf, or reason to belie�e that there has been, except as pre�i�usly disclosed to and
<br /> acknowledged by Lender in writing, fa� any breach or �ialation of any En�irflnmental Laws, �b� any use,
<br /> g�neration, manufacture, storage, treatment, disp�saf, releas� or threatened release ❑f any Hazard�us Substance
<br /> ❑n, under, about ❑r firom the Prvperty by any pri�r ❑wners or occupants of the Property, or �c� any actual or
<br /> threat�ned litigation or claims of any kind �y any person re�ating t� su�h matters; and �3� Excep� as pre�iously
<br /> disclased to and acknowledged by Lender in writing, �a� n�ither Trustor n�r any tenant, contractor, agent�r ❑ther
<br /> authorized user of the Praperty shalR use, generate, manufacture, stor�, treat, dispnse of ar rel�as� any Hazardous
<br /> 5ubstance ❑n, under, abaut ar from the Property; and �b} any such acti�ity shall be conducted in compi�ance with
<br /> all app3�cabRe federa3, state, and facal {aws, regu4ations and a�dinances, including without �imitatian alf
<br /> En�ironmental Laws. Trustor authorizes Lender and its agents to enter upon the Pr�perty to make such
<br /> inspections and tests, at Trust�r's expense, as Lender may de�m appropria�e t❑ determine compliance af the
<br /> Property with this sectian of the Deed af Trust. Any inspections or tests made by Lender shall be for Lender's
<br /> purposes anly and shal! n�t be construed to create any responsibility vr liability ❑n the part �f Lender to Trustor �r
<br /> ta any other person. The re�resentations and warrant�es contaEned herein are based on Trustor's due diRigence in
<br /> in�estigating the Property far Hazardous 5ubstances. Trustor he�eby �1� rel�ases and wai�es any futur� claims
<br /> against Lender for indemnity or cantribution in the e�ent Trustor becomes lia�le for cleanup or other casts under
<br /> any such laws; and �2y agrees to indemnify, defend, and hold harmfess Lender against any and all �laims, Iflsses,
<br /> liabilities, damages, penalties, and expenses which Lender may directly ar indirectly sustain or suffer resulting from
<br /> a �reach af this section at the Deed ot Trust ❑r as a �vnsequence o# any use, generation, manufacture, storage,
<br /> disposal, reiease ❑r threaten�d re�ease ❑ccurring prior t❑T�ustor's ownership or interest in the Prvperty, whether or
<br /> nvt the same was ar should ha�� been known to Trustvr. The pro�isians af this section af the Deed of Trust,
<br /> including the abligation to indemnify and defend, shall sur�i�e the payment af the Indebtedness and the satisfa�tion
<br /> and recon�eyance a'f�he lien of this Qeed Qf Trust and shall not he a'ffecte� by Lender's acquisit�on ❑f any inter�st
<br /> in the Prvperty, whether by�areclasure ❑r otherwise.
<br /> Nuisance, Waste. Trustor shall not cause, c�nduc� or permit any nuisance nor commit, permi�, or suffer any
<br /> stripping of ar waste on or to the Praperty ❑r any partion of the Property. Without limiting the g�nerality of the
<br /> faregaing, Yrustor will not remo�e, or grant to any vther party the right to remc��e, any timber, minerals �including
<br /> oi� and gas7, c�a�, G1ay, s��ria, saif, gra�el or�o�k products without Lender's priar written consent.
<br />
|