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2� 17�243�
<br /> DEEa �F TRUST
<br /> ��onti r1 ue�} Page �
<br /> grants to L�nder a �niform Cammercial �ode security in�erest in the Pers�nal Praper�y and Rents.
<br /> TH[S DEED DF TRUST, INCLUDING THE ASS�GNNIENT OF RENTS AND THE SEGUR[TY�NTEREST IN THE RENTS AND
<br /> PERS�NAL PRUPERTY, 1S CIVEN TU SECURE �A} PAYMENT�F THE INDEBTEDNESS AND {B� PERF�RNlAN�E QF
<br /> EA�H DF TRUSTt]R'S A�REEMENTS AND �BLIGAT��NS UNDER THE CREDIT AGREEMENT, THE RELATED
<br /> ❑OCU�IIENTS, AND THIS DEED �F TRUST. TH�S DEED OF TRUST iS GIVEN AND AGCEPTED �N THE F�LLO1JtilING
<br /> TERMS:
<br /> PAYMENT AND PERF�RMANCE. Except as otherwise prv�ided in this Deed ❑f Trus�, Trusto�shafl pay to Lender all
<br /> am�un�s secu�ed by this Deed af Trust as �hey become due, and shall strict�y and in a timely manner per�orm a11 of
<br /> Trustor's abligatians under�he Credit Agreemen#, this ❑e�d a�Trust, and the Re�ated Documents.
<br /> PaSSESSI�7N AND MA�NTENAN�E OF THE PRQPERTY. Trustor agrees that Trus�ar's possess�on and use a� the
<br /> Property shal! be governed by#he�o�lowing pro�isions:
<br /> Possession and Use. Unti� #he occurrence of an E�en� of Default, Trustar may �'i} remain in passession and
<br /> controf o�f the Property; �2} use, opera#e or manage the Prope�ty; and �3} co[lect�he Rents f�om the Proper�y.
<br /> Duty to Maintain, Trustar sha�l ma�ntain #he Property fn good conditiar� and promptly perform ali repairs,
<br /> rep�acemen�s, and maintenance necessary to pres�rve its value.
<br /> Compliance V11ith En�ironmen�a� Laws. Trustor rep�es�nts and war�ants ta Lend�r that: ��) Du��ng the per�od ❑f
<br /> Trustor's ownership of the Proper�y, there has b�en na use, generation, manufactu�e, s#orage, tr�atment, disposal,
<br /> release or threa�ened reIease a�F any Hazardous Substance by any persan on, ur�der, about or �rom the Prop�rty;
<br /> ��} TruStar has no knowledge o'�, or reasan to believe that there has been, except as pre�iously disclnsed #o and
<br /> acknowfedged by Lender in wrifiing, �a} any breach or �iola�ion of any En�ironmenta� Laws, �b} any use,
<br /> genera�ion, manufacture, storage, treatment, C�15pQ5��, release or �hreatened reiease o�'any Ha�ardaus Substance
<br /> on, unde�, about or from the Proper�y by any prior olnrners o� occupants af the Proper�y, or �c} any ac�ual or
<br /> threatened litigat�on ar c�aims of any kind by any person refating to such ma��ers; and �3} Except as pre�iousfy
<br /> disclosed to and acknowl�dged by L�nder in writing, �a} neither Trustor nor any tenant, can�ractor, agent or�ther
<br /> authorized user of#h� Property shall use, generate, manufac�ure, sta�e, treat, dispose of or rel�ase any Hazardous
<br /> Substan�e on, und�r, about or�ram the Praperty; and �b} any such ac�i�i�y shall be conducted in complianee with
<br /> afl applicable fed�ra[, state, and lacal laws, regu[ations and ordinances, including wi#hout limitation all
<br />- En��ranmenta� Laws. Trustor au�har�zes Lender and its agents t� enter upon the Property �o make such
<br /> inspections and tests, a� Trus�or's expense, as Lender may deem appropriate to determ�ne compliance of the
<br /> Proper�y wfth this sec�ion o�the ❑eed o�Trus�. Any inspections or tes�s made by Lender shal[ be �or Lender's
<br /> purpases anfy and shal! no�be canst�ued to create any responsibility ❑r liability on �he part of Lender ta Trus#or or
<br /> to any other person. The representations and warranties contained hereir� are based on Trustor's due diligence �n
<br /> investigating the Property for Hazardous Subs�ances. Trus#or hereby �'i} re�eases and wai�es any future c�aims
<br /> against Lender for indemnity ❑r contributivn in the e��nt Trus�or becom�s liable for cleanup or other costs under
<br /> any such laws; and �Z} agrees to indemnify, de�end, and ha�d harmfess Lender against any and all claims, �asses,
<br /> liabifities, damages, penalt�es, and expenses which Lender may direc�ly or indirectly sus�ain or suffer resu�ting from
<br /> a breach of this sec�ion of the Deed a�T�-ust or as a consequence v�any use, generat�on, manufac�ur�, storage,
<br /> disposal, release ar threatened release occurring prio�to Trustar's ownership or in�erest in�he Proper�y,whefher or
<br /> not the same was or should have been known to Trustor. The pro�isivns of this section of the Deed o�Trust,
<br /> including the abligation to indemn�fy and defend, sha11 survi�e�he paymen�❑f the indebtedness and�he sa�isfaction
<br /> and recon�eyance of the i�en of this Deed of Trus�and shall no�1�e affected by Lender's acqu��ition of any interest
<br /> in�he Prope�ty,whether by foreclasure or vth�nivise.
<br /> Nuisance, Vllas��. Trus�or shal! not cause, conduct or permit any nuisance no� cornmit, permit, or suffer any
<br /> stripping �f or was�e on o�t❑ the Pr-ope�ty or any port�on of the Property. VIli#hou# lim�tin� the generality a�the
<br /> foregoing, Trus�or vuiIl not remo�e, or grant to any o�her party the right to remove, any timber, minerals (incCuding
<br /> oil and gas}, �oa�, c�ay, scoria, soil, gra���or rock produc�s without Lende�'s prior writt�n consent.
<br /> Removal of Impr��ements. Trustor sha�l not demol�sh ar remo�e any�mprovements from �he Real Prope�ty without
<br /> Lender's prior writt�n cansen�. As a conditian #o �he rema�al af any �mp�o�ements, Lender may require Trustor to
<br /> make arrangemen�s sat�sfactory to Lender to replace such Impro�ements w�th Impravements vf at least equal
<br /> value.
<br /> Lend�r`s Right to Enter. Lender and Lender's agents and representa�i�es may enter upon the Real P�operty at afl
<br /> r�asonabl� t�mes to a�tend �o Lender's �nterests and to �r�spect �he Real Proper�y for purposes of Trus�o�'s
<br /> compiiance with the#erms and conditions o��his Deed of Trust.
<br /> Compiiance with Governmental R�quiremen#s. T'rustor shafl promptly cvmply wifh all �aws, ordinances, and
<br /> regulations, now ar hereafter En effect, of a{I gavernmentaf authori�ies applicabCe ta the use or occupancy o��ne
<br /> Property. Trus�or may contes�in gaod faith any such �aw, ordinance, ar regu�ation and withhald compliance during
<br /> any proceeding, includ�ng appropria�e appeals, so long as Trus�or has na�ifi�d L�nd�r in wri#ing priar t� d�ing so
<br /> and sa long as, in Lender's sole opinion, Lender's inter�ests in�he Proper#y are no��e�pardized. Lender may�equ�re
<br /> Trus#or to post adequa�e securi�y or a surety bond, reasonably safisfactory�o Lender, #a pro�ec�Lender's in�erest.
<br /> Du�y to Pro�ec�, Trus�or ag�ees neither to abandon or lea�e unattended the Prope�ty. T�ustor shal� do all other
<br /> a�ts, �n addifi�on to those ac�s s�t forth above in this sect�an, which from the eharacter and use ot the Property are
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