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2� 17�2327
<br /> DEED �F TRUST
<br /> Loan No: 1�'I 3�382� ��ontin ued� Page �
<br /> 6nrrvwer or Trustar whether ❑r not the ad�an�es are made pursuant to a ��mmitment. 5pecificalfy, without limitation,
<br /> this DQed o�Trust secures, in addition to the amnunts specified in the Note, all future amounts Lender in its discrefion
<br /> may loan tv Borrow�r�r Trustor, together with all interest ther�on.
<br /> Trustor pres�ntiy assigns to Lender �afsa known as Bene�iciary in this Deed nf Trust7 all of Trustor's right, �itfe, and
<br /> interest in and ta all pr�sent and future leases of the Praperty and alf Ren�s from the Property. In addition, Trustor
<br /> grants to Lender a lJnifarm CammerGial Code security interest in the Persona� Property and Rents.
<br /> THIS DEED UF TRLJST. INCLUDING THE ASSIGNfVIENT �F RENTS AND THE SECURlTY INTEREST IN THE RENTS AND
<br /> PERSQNAL PR�PERTY, IS GIVEN T� SECURE {A� PAYNlENT �F THE �NDE6TEDNE5S AN❑ �B� PERF�RMAN�E �F
<br /> ANY AND ALL UBLI�ATInNS UNDER THE N�TE. THE RELATED D�CUMENTS. AND THlS DEED �F TRUST. THIS
<br /> DEED�F TRUST IS GIVEN ANd ACCEPTED �N THE F�LLC]INING TERIVIS:
<br /> TRUSTDR'S REPRESENTATI�NS AND VIIARRANTIES. Trust�r warrants that: �ay this De�d D� T�115t is executed at
<br /> Borrower's request and nat at the request af Lender; �by Trustor has the fufl power, right, and autharity t� enter inta
<br /> this Deed ❑� Trust and t❑ hypathecate the Praperty; �c} the pra�isions �f this Deed of Trust dn nat canfli�t with, ar
<br /> result in a default under any agreement or other instrumen� binding upon Trust�r and da not resuit in a �iofation of any
<br /> law, regulation, court decree ar ❑rder appli�able to Trustar; �d� T�ustor has established adequate means ❑f ❑btaining
<br /> fram Borrower on a �ontinuing basis information a�out Barrawer's financia� condition; and �e} Lender has made no
<br /> repres�ntatian ta Trustor about Borr�wer �including without limitation the �reditworthiness of Borrower}.
<br /> TRUSTOR'S VIIAIVERS. Trustor wai�es ail rights �r de�enses arising hy reasan of any "one action" or "antiWde�iciency"
<br /> law, ❑r any ❑ther iaw which may pre�ent Lender fr�m bringing any actian against Trustor, inciuding a �laim for
<br /> defi�iency to the extent L�nder is �therwise entitled to a claim for defi�+ency, befar� or aft�r Lender's commen�ement
<br /> o� comp�etion af any foreclasure action, either judicialiy or by exercise ❑� a pawer of sale.
<br /> PAYMENT AND PERFDRMANC�. Except as otherwtse pro�ided in this Deed ❑f Trust, Borrower and Trustor shall pay to
<br /> Lender af� Indebtedness se�ured by this ❑eed ❑f Trust as it becomes due, and Borrower and Trustor shall strictly
<br /> pertorm ail their respecti�e obligations under the Note, this Deed of Trust, and the Related ❑ocuments.
<br /> P�55ESSIQN AND IVIAINTENANCE �F THE PRQPERTY. Borrawer and Trust�r agree that Borrower's and Trustar's
<br /> possessian and use of the Property shall b�ga�erned hy the follawing pra�isions:
<br /> Passession and Use. Untii the ❑c�urr�nce af an E�ent of De#ault, Trustor may t�} remain in pnssession and
<br /> control o�the Property; �2� use, operate vr mana�e the Property; and �3� collect the Ren�s fram the Property.
<br /> Duty #o Maintain. Trustor shaf! maintain the Property in tenantabl� c�nditian and promptfy perform ail repairs,
<br /> repla�ements, and maintenance necessary t❑ preser�e its �alu�.
<br /> Cvmpliance With En►►iranmental Laws. Trustor represents and warrants t� Lender that: �1� During the periad of
<br /> Trustar's own�rship of the Property, there has heen na use, generati�n, manufacture, starage, treatment, disposal,
<br /> release or threatened release of any Hazardaus Substance by any persan �n, under, about ar fram the Property;
<br /> �2� Trustar has n❑ knawledge a�, or reason to belie�e �hat there has been, except as pre�iously disclosed to and
<br /> acknowledg�d by Lender in writing, �a) any lareach or �iola�ion of any En�ironmental Laws, {b� any use,
<br /> generativn, manufacture, storage, treatment, disposal, release ❑r threaten�d release of any Hazardous Substance
<br /> on, under, about or �rom the Property by any prior ❑wners ❑r ❑ccupants of the Property, or tc� any actual or
<br /> threatened litigation or ciaims of any kind by any person relating t❑ such matters; and �3f Except as pre�i�usiy
<br /> disclosed t� and acknowledged by Lender in writing, {a� neither Trustor nar any tenant, contractor, a�ent or other
<br /> authorized user ❑f the Praperty shall use, generat�, manufacture, �tore, treat, dispose of ar release any Hazardous
<br /> Subs#ance on, under, abaut or fr�m the Praperty; and �b� any su�h acti�ity shall be conducted in compliance with
<br /> a�� appii�able federaf, state, and local laws, regulations and ❑rdinances, including wi�hout limitatian alf
<br /> En�irvnmental Laws. Trustor authoriz�s Lender and its ag�nts ta enter upon the Property t❑ make such
<br /> inspections and tests, at Trustor's sxpense, as Lender may deem appr�pr�ate to determine complian�e af the
<br /> Property with this s�ction af the D�ed af Trust. Any inspectians or t�sts made by L�nder shail be f�r Lender's
<br /> purpases an�y and shaf� not be construed to create any respansibility ❑r liabi�ity on the part of Lender t❑ Trustor or
<br /> t❑ any other person. The repr�sentatEons and warranties contained herein are based on Trustor's du� diligence in
<br /> in�estigating the Property for Ha�ardaus 5u�stances. Trustar hereby ��} releases and wai�es any fu�ure claims
<br /> a�ainst Lend�r for indemnity fl� cvntribution in the e�ent Trustar �ecames liabl� #or c�eanup o� other casts unde�
<br /> any such laws; and ��7 agrees to indemnify, def�nd, and hold harmless Lender against any and all claims, Easses,
<br /> liabi�ities, damag�s, penalties, and �xpenses which Lender may directiy or indire�tiy sustain or suffer resu[ting fram
<br /> a breach ❑f this sectian af the Deed of Trust ��' as a consequence ❑f any use, generation, manufacture, starage,
<br /> disp�sal, release or thr�atened release oc�urring prior#❑ Trustar's flwnership ar in�erest in the Property, whether ar
<br /> not the same was ❑r should ha�e been known t❑ Trustor. The pro�isions of this section of the �eed of Trust,
<br /> including the ❑bligation to indemnify and de�end, shall sur�i�e the payment af the Ind�btedness and the satisfactifln
<br /> and recon�eyance of the lien o#this Deed af Trust and shall nv� be af��cted by Lender's a�quisition of any interest
<br /> in the Property, whether by toreclosure or otherwise,
<br /> Nuisance, Vllaste. Trustnr shal! no� cause, condu�t ❑r permit any nuisance nor cammit, permit, or suffer any
<br /> str�pping ❑f ar was�e on or ta the Praperty or any portion of the Pr�perty. Withou� f imiting th� generality of the
<br /> taregoing, Trustar wiff not remo�e, or grant to any oth�r party the r�ght t❑ remo�e, any timber, min�rals �Rncluding
<br /> oil and ga��, coal, ciay, scaria, sflil, gra�el or rack prt�ducts wi�haut Lender's priar written cvnsent.
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