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2� 17�27��
<br /> DEED �F TRUST
<br /> L�an No: 'I�13�4145 ��ont�nued� Page 2
<br /> whether ar nat the ad�ances are made pursuant tv a commFtment. Spe�ifically, without limitatian, this Deed ❑f Trust
<br /> secures, in addition to the am�unts specified in the Nvte, alf future amnunts Lender in its discretion may laan t❑
<br /> Trustar, together with all interest thereon,
<br /> Trustar presently assigns ta Lender �alsa known as gen�fiC�ary in this Deed ❑f Trust� all Q# Trustor's right, title, and
<br /> inter��t in and t❑ all present and future leases of �he Property and a#1 Rents from the Property. !n addition, Trustflr
<br /> grants to Lender a Uniform Commer�ial Code security interes� in the Personaf Property and Rents.
<br /> THIS DEED �F TRUST, INCLUDING THE ASSIGNMENT aF RENTS AND THE SECURITY 1NTEREST IN THE RENTS AND
<br /> PERS�NAL PR�PERTY, IS G[VEN TQ SECURE �A} PAYMENT �F THE �NDEBTEDNESS AND {6f PERF�RMANCE DF
<br /> ANY AND ALL �6LI�AT[C3NS UNDER THE N�TE, THE RELATED D�CUMENTS, AND THIS DEE❑ DF TRLJST. THIS
<br /> DEED �F TRUST fS GlVEN AND A�CEPTED DN THE F�LLQ'WENG TERIVIS:
<br /> PAYMENT AND PERF�RMANCE. Ex�ept as otherwise pra�id�d in this D�ed of Trust, Trustor shali pay to Lender all
<br /> amounts secured hy this Deed o� Trust as they be�om� due, and �hall strictly and in a timely mann�r p�rtorm ail o#
<br /> Trustor's ❑bligations under the Nots, this Deed �#Trust, and the Relat�d Do�uments.
<br /> PUSSESSI�N AND MAINTENANCE QF THE PR�PERTY. Trustar agrees �hat Trustor's possession and use af th�
<br /> Property shall be ga�erned by the following pro�isions:
<br /> Possessivn and Use. Llntil the occurrence of an E�ent of De#ault, Trustar may {�} remain in possessi�n and
<br /> c�ntrol of the Property; �2y use, operate or manage the Property; and �3� c��lect the Rents from the Property.
<br /> Duty #o Maintain. T�ustar shai! ma�ntain the Property in t�nantable conditian and pramptly perform all repairs,
<br /> repla�em�nts, and maintenance necessary t❑ preser�e �ts �alue.
<br /> Compliance Vllith En�ironmental Laws. Trustor represents and warrants to L�nder that: �'�f During the period of
<br /> Trustor's awnership o#the Property, there has been no use, generation, manufacture, storage, tr�atment, disposa�,
<br /> release or threatened release of any Hazardous Substance by any person an, under, about or �rom the Property;
<br /> ��} Trust�r has no knowledge ��, ❑r reasan ta belie�e that th�re has been, ex�ept as previously disclosed to and
<br /> acknowledged by Lender in w�iting, �a} any breach vr �iolation of any En�ironmental Laws, �by any use,
<br /> generation, manufacture, storage, treatment, disposal, r�lease ar �hreatened release of any Hazardous Su�stance
<br /> on, under, abnut or from the Pr�perty by any prior vwners ar �ccupants vf th� Property, or �c7 any actual ❑r
<br /> threatened litigatian or claims of any kind by any person relating to such matters; and �3} ExGept as pre�iously
<br /> dis�iosed tv and acknawledged by Lender in writing, �a� neither Trustor nor any tenant, contractor, agent❑r other
<br /> authorized user of the Property shall use, generate, manufacture, store, treat, dispose vf or releas� any Hazardous
<br /> Substance on, under, about❑r #ram the Property; and �by any such a�ti�ity shall be canducted in compliance with
<br /> all applicable federal, state, and lacal laws, regulations and ardinances, including without limitation all
<br /> En�ironmental Laws. Trustor auth�rizes Lender and its agents to enter upan the Proper�y to mak� such
<br /> inspectit�ns and tests, at Trust�r's expense, as Lender may d�em appropria#� to deter�mine �ampliance ❑f the
<br /> Praperty ►rvith this sectinn of the Deed of Trust. Any inspe�tions ar tests made by Lender shail �e for Lender's
<br /> purposes onty and sha�� not he cvnstrued ta �reate any responsibil�ty or liability ❑n the part of Lender to Trust�r or
<br /> to any other person. The representatians and warranties �ontained herein are based on Trustor's due diligenc� in
<br /> in�est+gating the Praperty far Hazardous 5ubstances, Trustar hereby �1� refeas�s and wai�es any future claims
<br /> against Lender for indemnity or contribution in the e�ent Trustar be�omes liab�e fvr cleanup or ❑ther costs und�r
<br /> any such laws; and �Z� agrees ta indemnify, defend, and hold harmiess Lender against any and all c�aims, Ivsses,
<br /> liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain o�suffer resulting #rom
<br /> a breach of this se��ivn ❑f �he Deed of Trust ❑r as a consequence o# any use, generati�n, manufacture, starage,
<br /> disposa�, re�ease or threatened release�cGurring prior ta Trustar's ownership ar interest in the Praperty, wh�ther❑r
<br /> nat the same was or should ha�e heen known t❑ Trustar. The prv�isians of this section af the Deed of Trust,
<br /> including the vbligatinn to indemni�y and def�nd, shall sur�i�e the payment of the �ndebtedness and the sat�sfac�ion
<br /> and recan�eyance of the lien of this Deed af Trust and shal! nat be affe�ted by Lender's a�quisition of any in�erest
<br /> in the Property, wheth�r by #oreclosure ar otherwise.
<br /> Nuisance. Vllas#e. Trustor shall not caus�, conduc� or permit any nuisance nor commit, permit, or suff�r any
<br /> stripping o� ar waste on or to the Property or any portian ❑f the Property. Without limifing the generaiity ❑f the
<br /> fvregoing, Trustor will nvt remo�e, nr grant tv any ❑ther party �h� right to remo�e, any timher, minerals �includ�ng
<br /> ❑il and gas7, caal, �lay, sc�ria, soil, gra�e� ❑r rack products with�ut Lender's prior written cons�nt.
<br /> Remo�al vf Impro�emen#s. Trustvr shall no� demolish or rema�e any Impro�ements from the Real Praperty without
<br /> Lender's prior written consent. As a condition t❑ the remv�al of any impra�ements, Lender may require Trustor to
<br /> make arrangements satisfactory to Lend�r to replac� su�h Impro�ements with �mpro�ements af at least equal
<br /> �alue.
<br /> Lender's Right to Enter. Lender and Lender's agents and representati�es may enter upon the Real Property at all
<br /> reasanable times to attend to Lender's �nteres�s and to inspect the Real Praperty for purposes vf Trustor's
<br /> complian�e with the t�rms and condit�ons vf this D�ed af Trust.
<br /> Complian�e with Gv�ernmen�al Requirements. Trustor shal� promptly camply with all laws, ordinances, and
<br /> regulations, nvw or hereafter in effect, af all go�ernm�ntal authorities applicable t� the use or occupancy of the
<br /> Praperty, in�luding wi�haut iimitatiQn, the Amertcans With D�sabilities Act. Trustor may contest in go�d faith any
<br /> such law, vrdinance, �r regulation and withhald compliance during any pro�eeding, including apprvpriate app�ais,
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