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2� 17� 1923
<br /> DEED �F TRUST
<br /> Lvan N�: 'I�'I 3�3355 �G�ntinu�d� Pa�e �
<br /> this Deed af Trust secures, in addition t❑ the amvunts specified in the Note, alf fu�ure amounts Lender in its discretian
<br /> may laan to gorrower or Trus�or, together with alf in�erest thereon.
<br /> Trustor presently assigns to Lender taisa known as Beneficiary in this Deed af Trust� a�l of Trustor's right, title, and
<br /> interest in and to all present and tuture feases of the Prop�rty and aE! Rents fram the Property. In addition, T�L15tDC
<br /> g�ants to Lender a Unifvrm Commercial Code security �nterest in the Persona! Property and Rents.
<br /> THfS DEED �F TRUST, INCLUDfNG THE ASSiGNMENT �F RENTS AN� THE SECUR�TY INTEREST iN THE RENTS AND
<br /> PERS�NAL PR�PERTY, IS GIVEN T� SECURE �Af PAYMENT QF THE iNDE6TEDNESS AND �B� PERFaRMANGE �F
<br /> ANY AND ALL �8LIGATI�NS UNDER THE N�TE. THE RELATED D�CUMENTS, AND THIS DEED �F TRIJST. THIS
<br /> ❑EED �F TRUST IS GIVEN AND ACGEPTED�N THE FOLL�WING TERMS:
<br /> TRUSTD#�'S REPRESENTATI�NS AND VIJARRANTIES. Trustor warrants that: {ay th�s Deed of Trust is exe�ut�d at
<br /> Barrower's request and nat at the request of Lender; �by Trustor has the full pvwer, right, and authority ta enter inta
<br /> this Deed ❑f Trust and to hypathecate the Property; tc� the pro�isions af this Deed af Trust do nat conflict with, vr
<br /> result in a default under any agreement ar oth�r ins�rument binding upvn Trustor and do not resu[t in a �ialati�n of any
<br /> law, reguiation, court decree or ardeT applicable to Trustar; {d� Trustor has established adequate means a# abtaining
<br /> fram Borrawer ❑n a cvntinuing basis in�ormatian abou� Borrower's fin�nciai �onditian; and �e} Lender has made n❑
<br /> representat;an to Trustar about �arrawer �in�luding w�thout limitation the creditwarthiness of Barr�w�ry.
<br /> TRUSTOR'S WAIVERS. Trustor wai�es al! rights ❑r defenses arising by reason of any "one action" ar "anti-deficien�y"
<br /> law, or any other law which may pre�ent Lender from bringing any action against Trustar, including a c�aim for
<br /> deficiency ta �he �xt�nt Lender is otherwise entitled to a claim far deficiency, b�tore �r after Lender's commencement
<br /> ar campletion of any fareclasure action, either judicially or by exercise of a p�wer o�sale.
<br /> PAYMENT AND PERFC]RMANCE. Except as ❑th�rwise pro�ided in this Deed of Trust, Borr�wer and Trustor shal! pay to
<br /> Lend�r all Indebtedness secured by this ❑eed af Trust as it be�vm�s due, and 6orrower and Trustor shali stric�ly
<br /> perform all th�ir respecti�e obligations under the Nate, this Deed of Trust, and the Related Documents.
<br /> P�55E551�N AND MA�NTENANCE QF THE PR�PEHTY. Barrower and Trust�r agree that Barrawer's and Trustar's
<br /> possession and use af the Property shalf be g���rned by the tollowing pro�isions:
<br /> Possession and Use. Until the occurren�e of an E�ent of Default, Trustor may ��� remain in possessian and
<br /> �ontrol of the Property; �2y use, operate or manage the Pr�perty; and �3� cail�ct the Rents from �he Prtiperty.
<br /> Duty to IlJlaintain. Trustor shall maintain the Property in tenantable condition and prvmptiy perform all repairs,
<br /> replacemen�s, and maintenanc� necessary t❑ preser�e its �alue.
<br /> �vmpfiance With En�ironm�ntal Laws. Trust�r repr�sents and warrants ta Lender that: �1} ❑uring the period flf
<br /> Trustor's awnership vf the Property, there has heen no use, generation, manufacture, storage, treatm�nt, disposal,
<br /> release or threatened reiease o# any Hazardous Substance by any person on, under, abaut ar from the Property;
<br /> �2� Trustor has na knowledge of, or reasnn to helie�e that there has been, except as pre��ousiy disclased to and
<br /> acknawledged by Lender in writing, (a} any breach �r �iolatian of any En�ironm�ntai Laws, �b� any use,
<br /> generation, manufacture, storage, treatment, disposal, reiease or threatened release o� any Hazardous Su�stance
<br /> an, under, ah�ut or fram the Property by any priar owners or occupants ❑� the Praperty, ❑r ��� any actual or
<br /> threatened litigation or ��aims af any kind by any pers�n rela�ing ta such matters; and �3� Except as pre�iously
<br /> disclosed ta and acknowledged by Lender in writing, �a� neither Trustor nor any t�nant, contract�r, ag�nt ❑r ❑ther
<br /> authorized user o# the Property shal! use, generate, manu�a�ture, stare, treat, dispvse af or release any Hazardous
<br /> Substance on, under, abvut or #rom the Property; and �b� any such acti�ity shall be conducted in �ampliance with
<br /> a(I appli�ab�e federa�, state, and Iocal laws, regulations and ❑rdinances, includ�ng withaut limitation a�l
<br /> En�iranm�ntal Laws. Trustor authorizes Lender and its agents to �nter upan the Prs�perty t❑ make such
<br /> insp�ctions and tests, at Trustor's expense, as Lende� may deem appropria�e to determine compliance of the
<br /> Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be far Lender's
<br /> purposes only and shail nat be canstrued t❑ Create any responsibility or liab�lity on the part ❑f Lend�r ta Trustar or
<br /> to any ❑ther persan. The representativns an� warranties contained herein are based on Trustor's due dilfgence in
<br /> in�estigating the PrQperty �or Hazardaus Substances. Trustor hereby �1 y reieases and wai�es any future ciaims
<br /> against Lender far indemnity ar contribution in the e�ent Trustor bscvm�s liable far cleanup or �ther costs under
<br /> any such laws; and ��} agrees tn indemnify, defend, and h�id harmless Lender against any and ali claims, losses,
<br /> liabilities, damages, penalties, and expenses which Lender may d�rectly ar indirectly sustain or suffer resulting fram
<br /> a breach of this section of the Deed �f Trust ❑r as a consequence ❑t any use, generation, manufacture, storage,
<br /> disposal, re�ease or thr�atened release occurring prior to T�ustar's ownership or interest in the Property, whether ar
<br /> not the same was �r should ha�e been known to Trustor. The pra�isions af this sectian vf the aeed of Trust,
<br /> includir�g �he obligation to indemnify and defend, shail sur�i�e the payment of the lndebtedn�ss and �he satisfactian
<br /> and recan�eyance of the lien ❑f this Deed ❑f Trust and shall not be aff�cted by Lender's acquisition of any interest
<br /> in the Property, whether by foreclosure or othe�wise.
<br /> Nuisance. Waste. Trust�r shall not cause, conduct �r permit any nuisance nor commit, permit, �r su�fer any
<br /> stripping ❑f vr waste on or to the Property or any partifln of the Property. Without limit�ng the gen�rality af the
<br /> foregving, Trustar wi11 not remo�e, or grant to any ❑th�r party the right to rema�e, any timber, minerals �in�luding
<br /> oil and gasy, �val, �lay� SC�ria, saii, gra�el or rock prvducts with�ut Lender's prior written consent.
<br /> Remo�al of Impro�ements. Trustor shall not demolish or remo�e any Impra�ements fram the Real Property without
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