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2� 17� 19�8
<br /> DEED C]F TRUST
<br /> ���ntinue�} Pag� �
<br /> grants to Lender a Unifvrm Commercial Code securi�y inte�est in the Persvnal Praperty and Ren�s.
<br /> TH[S �EED�F TRUST, iNCLUD�NG THE A551GNMENT QF RENTS AND THE SECURITY lNTEREST IN THE RENTS AND
<br /> PERSnNAL PR�PERTY, 15 G�VEN TD SEC�RE [A} PAYMENT QF THE INDEBTEDNESS AND �B� PERFQRMANCE �F
<br /> EACH DF TRUST�R'S AGREEMENTS AND OBLIGAT10N5 UNDER THE CREDIT ACREEMENT, THE RELATED
<br /> Dt]CUMENTS, AND THIS DEED DF TRUST. TH�S DEED OF TRUST lS GIVEN AND ACCEPTED �N THE F�LLDWING
<br /> TERMS:
<br /> PAYMENT AND PERF�RMANCE. Except as atherwise pra�ided in this Deed of Trust, Trustor shal! pay �o Lender a�l
<br /> amounts secured by this Deed vf Trust as they become due, and shall str�ctiy and in a timely manner perfo�m a�i of
<br /> Trustor's obligafions under the�redit Agreement,th�s Deed of Trust, and�he Related Documen�s.
<br /> P�SSESStON AND MAlNTENANCE �F THE PR�PERTY. Trusfor agrees �hat Trustar`5 possess�on and use vf the
<br /> Proper�y shall b�go�erned by the following p�o�isions:
<br /> Possessivn and Use. �ntil the occurrence vf an E►�ent of Defau�t, Trusfor may (�) remain in possessian and
<br /> control of the Praperty; �2} use, operate or manage the Prope�ty; and (3} cal��ct the Rents from the Praper�y,
<br /> Duty �o IVlaintain. Trustor sha�l maintain the Property in good candi�ian and promp#iy pe�form all repairs,
<br /> replacements, and maintenance necessary to prese�ve its value.
<br /> Compiiance Vllith En�ironmenfa[ Laws. Trus#or rep�esents and warrants �� Lender that: �1} During the periad of
<br /> Trustnr's ownership of�he Property, there has heen na use, generat�on, manufacture, s#arage, �reatment, disposal,
<br /> refease or threa#ened release a��any Hazardous Subs�ance by any person on,�under, abau� or�r�m the Properfiy;
<br /> (2} Trus�vr has no knowledge of, or reason to be[ie�e that there has been, excep� as pre�i�us�y disclosed tv and
<br /> acknowledged by Lender in writing, �a} any breach ar �ioia�ion of any Env�ronmental Laws, �b} any use,
<br /> generation, manufacture, storage, t�eatment, C�15��5��, release or threatened release o�any Hazardous 5ubstance
<br /> on, under, abvut or from the Prope�ty by any prior owners or occupan�s of the Proper#y, o� �c} any actual or
<br /> threatened litigation or claims vfi any kind by any person relating to such matters; and �3} Ex�ept as prev[ously
<br /> disclased to and acknowledged by Lender in writing, (a} neither Trustor nor any tenant, cantrac�or, agen#or o�her
<br /> authorized user of the Property shall use, generate, manufiacture, store, treat, dispose of o��elease any Hazardvus
<br /> Substance on, under, about or from the Property; and �b} any such acti��ty shall be conduc�ed �n compiiance with
<br /> a�! applicable federal, state, and Ioca� laws, regulatians and ordinances, including withvut lim�tat�on all
<br /> En�ironmenta� Laws. Trustor authorizes Lender and its agents to ente� upon the P�operty to make 5LlGh
<br /> inspections and tests, at Trusfor's expense, as Lender may deem appropriate �o determine cvmpliance of the
<br /> Property wi�h this sectivn af the Deed o�Trust. Any insp�ctions vr tests made by Lender shall be for Lender's
<br /> purpases oniy and shafl not be construed �o create any responsibE�ity or�iability on the part of Lender to Trustor or
<br /> to any other persvn. The rep�esenta#ions and warranties c�nta�ned herein are based ❑n Trus�or's due d�l�gence in
<br /> in�es�igating the Prope�ty for Hazardous Substances. T�ust�r hereby (1} releases and waives any future cla�ms
<br /> against Lender for indemnity ar Gontr[bufiivn �n the ��ent Trusfor becomes liable for cleanu� or o#her�os�s under
<br /> any such laws; and t2) agrees to indemn ify, defend, and hold harm��ss Lender against any and ali c�a�ms, Ia55B5,
<br /> liab�lities, damages, penalties, and expenses which Lender may direc#ly or indirectly sustain or suffer result�ng from
<br /> a breach af this secf�on a�the Deed of Trust or as a cansequence of any use, generation, manufactur�, storage,
<br /> . d�sposal, release or threatened rel�ase vccurring prior ta Trustor's ownership or interest in the Proper�y,wheth�r or
<br /> no� the same was or should ha�e been known to Trustor. The provisions of this sec�ion af the D�ed of Trust,
<br /> including the obligation to �ndemni�y and defend, shall surv��e#he payment vf the Indebtedness and the satisfac�ion
<br /> and recon�eyance af the lien of this Deed of Trust and sha{� no�be affec�ed by Lender's acquisition of any interest
<br /> in#he Property,whether by foreclosure or otherwise.
<br /> Nuisance, 1Naste. Trustor shall not cause, condu�t or permit any nuisance nor comm�t, permit, or suffer any
<br /> str�pping of ar waste on or to fhe Prope�ty or any port�on of the Praperty. Wi�hout limi�ing the general��y o�the
<br /> foregoing, Trusto�will not remo�e, ar g�an#to any other party fhe right to remove, any t�mber, minerais �inc�uding
<br /> oil and gas}, coal, clay, scoria, soil, gra�el or�a�k products withou�Lender's prior wri�t�n consent.
<br /> Remo�al ofi lmpravements. Trustor shaIl not dem�iish or remo�e any impro�ements#rom the Real Property w��hout
<br /> Lender's prior writt�n consent. As a condition�o�he rema�al nf any lmprovemen�s, Lender may �equ�re Trustor#o
<br /> make arrangements satisfactory �o Lender to replace such �mpra�ements v►rith fmpro�ements af at �east equa�
<br /> �a�ue.
<br /> Lender's Right to Enter. Lender and Lender's agen#s and �-epresentatives may enter upon the Real P�operty at ali
<br /> reasonable times to attend �a Lender's �nterests and to inspect the Rea! Prope�ky for purposes of Trustor's
<br /> compliance with the terms and condi#ions of this Deed of Trus�.
<br /> Comp�iance w��h GaWernmental Requirements. Trustor shall promptiy comply with a!I laws, ordinances, and
<br /> regulations, now or hs�eafter in effect, �f al� go�ernmental au�horities app�icabie to the use or occupancy of�he
<br /> Property. Trustar may c�ntest in good faith any such law� ordinance, or regulatian and w�thhold campliance during
<br /> any proceed�ng, including appropriate appea�s, so long as Trustor has nofified Lender �n writing prior ta dving so
<br /> and so lang as, in Lende�'s so�e apinion, Lender's inferests in the Prope�ty are no��eopardized. Lender may require
<br /> Trustar to post adequa��secur�ty or a surety bond, �easonably satisfactory to Lender,�o prvtec�Lende�'s interest.
<br /> Du�y ta Pro�ect. Trustor agrees neither to abandon or leave unattended the Property. Trustar shail do a�l other
<br /> acts, in addi�ion to thase ac�s set forth above in this section,which �rom fhe character and use o�the Property are
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