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2� 17�2�9�
<br /> DEED �F TRUST
<br /> Loan No: '���3�383� ���rltirlued� Page �
<br /> may he or h�reafter may become otherwise unenf�rceahle.
<br /> Trustor presently assigns tv Lender �alsv known as Bene�iciary in this D�ed vf Trust} all of Trustor's right, title, and
<br /> interest in and ta all pres�nt and fu�ure leases ❑t the Praperty and al! Rents from the Praperty. In addit�an, Trustar
<br /> grants to Lender a Unif�rm Cvmmercial Code security i�terest in the Persona� Property and Rents.
<br /> THIS DEED �F TRUST, IN�LUDING THE ASSiGNIVIENT DF RENTS AND THE SECURITY iNTEREST IN THE RENTS ANO
<br /> PERS�NAL PR�PERTY. !S GIVEN TQ SECURE �A� RAYIVIENT �F THE INDEBTEDNESS AND {gf PERF�RMANCE DF
<br /> ANY AND ALL �BLIGATIDNS UNDER THE NDTE, THE RELATED DDCUMENTS. AND THIS DEED �F TRUST. THlS
<br /> DEED�F TRUST 15 CIVEN AND ACCEPTED ❑N THE F�LLaW�NG TERIUIS:
<br /> PAYMENT AND PERFDRMANCE. ExGept as otherwise pro�ided in this ❑eed of Trust, Trustor sha�l p�y to Lender all
<br /> amounts secured by this Deed o� Trust as they become due, and shall str�ctly and in a timely rnanner perfarm all o#
<br /> Trustor's obligat�ons under the Note, this Deed of Trust, and the Related ❑ocuments.
<br /> P�SSESSf�N AND MAINTENANGE �F THE PR4PERTY, Trustor agrees that Trustor's passession and use of the
<br /> Prnperty shall be go�erned by the follvwing pravisians:
<br /> Possession and Use. Untif the ❑ccurr�nce ❑f an E�ent of Defau�t, Trustor may {1� remain in possession and
<br /> control af the Prop�rty; t27 use, aperate or manage the Property; and �37 collect�he Rents frvm the Praperty.
<br /> Duty to Maintain. Trustvr shall maintain the Property in tenantab�e cvndition and promptiy perform all repairs,
<br /> replacem�nts, and maintenance necessary to p�eser�e its value.
<br /> Comp�iance With En�ironmental Laws. Trustor represents and warran�s to Lender that: �1) During the periad of
<br /> Trustor's ownership of the Property, there has been no use, generat�on, manufacture, stvrage, treatment, dispasal,
<br /> release or threat�ned r�lease ❑f any Hazardous Substance by any person �n, under, about or from the Property;
<br /> �2y Trustor has nfl knowledge v�, �r reason to b�li��e that there has heen, except as pre�ivusly disciosed t❑ and
<br /> acknowiedged by Lender in writing, �a� any breach ❑r �ivlatian of any En�ironmental Laws, �bf any use,
<br /> generatiQn, manufacture, storage, treatment, disposal, release or threatened �elease vf any Hazardaus Substance
<br /> an, under, about or from the Property by any prior owners or occupants ❑f th� Prcrperty, ❑r �cy any actual ❑r
<br /> threatened �it�gat�on or c�aims af any kind by any person relat�ng ta such matters; and �3} Except as pre�iously
<br /> disclosed ta and acknawledged �y Lender in writing, (a} neither Trustor nar any tenant, contrac�or, agent or ❑ther
<br /> autho�ized user a# the P�operty shall use, generate, manufacture, stare, treat, dispose a� or release any Hazardous
<br /> Substance ❑n, und�r, abvut or from the Property; and ��} any such acti�ity shall b� �onducted in compliance with
<br /> a11 appiicahle federal, state, and lacal �aws, regulati�ns and ardinances, inctuding without limitatian all
<br /> En�ironmental Laws. Trustor authvrizes Lend�r and its ager��s ta ent�r upon the Praperty ta make such
<br /> inspectians and tests, at Trustnr's expense, as Lender may deem appropriate to determine c�mpliance of the
<br /> Property with this s�ction of the Deed of Trust. Any inspectivns or tests made hy Lender shail be for Lend�r's
<br /> purposes an�y and sha�� nat be construed ta create any respansibiiity or liability an the part v# Lender ta Trustor ar
<br /> to any ❑ther p�rson. The representatians and warranties contained herein ar� based on Trus�ar's due �iligence in
<br /> in�estigating the Property for Hazardous 5ubstances. Trustor hereby �17 rel�ases and wai�es any future claims
<br /> against Lender fvr indemnity or contribution in the e�ent Trust�r becames liable for cleanup or vther Cd5�5 under
<br /> any such laws; and ��� agrees to indemnify, defend, and hold harml�ss Lender against any and all claims, It�sses,
<br /> liabi�ities, damages, penalties, and expenses which Lender may dire�t�y or indirectly sustain or suffer resulting from
<br /> a breach of this section ❑f the Deed of Trust ❑r as a cansequence ❑f any use, generation, manufacture, storage,
<br /> dispvsal, release or�hreatened release occurring priar to Trustor's awnersh�p or interest in the Property, whether or
<br /> nat the same was or shauld ha�e been knawn to Trust�r. The pr��isians of this sectian ❑f the �eed af Trust,
<br /> including the❑bligatian to indemnify and defend, shall sur�i�e the payment of the �ndebtedness and �he satisfa�tian
<br /> and recvn�eyance of the lien af this Deed of Trust and shal! not he affected by Lender's acquisitivn of any interest
<br /> in the Praperty, whether by foreclasure vr vtherwise.
<br /> Nuisan��. Waste. Trustor shal! nat cause, conduct or permit any nuisance nor cammit, permit, or suffer any
<br /> stripping ❑f ar waste on or to the Propet�ty or any portion of the Property. Without limiting th� generality of the
<br /> faregoing, Trus�or will not r�ma�e, o� grant t❑ any other party the right to remove, any timber, minerals {including
<br /> oil and gas�, c�al, ciay, scaria, soi�, gra�el ar rock products without Lender's prior written consent.
<br /> Rem�val fl�Improvements. Trustor shall not dem�lish o� �ema�e any Impro�ements from the Real Property without
<br /> Lender's p��or written cvnsent. As a cvnditivn to the remo�al vf any lmpro�ements, Lender may require Trustar tv
<br /> make arrangements satisfactory t❑ Lender t� replace such Impr���ments with Impra�em�nts of at least equal
<br /> �alue.
<br /> Lender's Right to En#er. Lender and Lender's agents and representati�es may enter upon the Real Property at all
<br /> reasonabl� times to attend ta Lend�r's interests and to �nspect the Real Property for purposes af Trustor's
<br /> complianc� with the terms and Gond�tians of this Deed ❑f Trust.
<br /> Compt�ance with Go�ernmental Requirements. Trustvr sha�l promptly c❑mply with all �aws, ordinances, and
<br /> regu�ations, now or hereafter in effec'�, of all ga�ernmenta! authorities appi�cable �o th� use vr occupancy of the
<br /> Pr�perty, including with�ut limitatian, the Americans With DEsal�ilities Act. Trustor may ct�ntest in gaad faith any
<br /> such law, �rdinance, ar regulatian and withhald compliar�ce during any proceeding, in�luding apprapriate appeais,
<br /> sa I�ng as Trustor has natified Lende� in writing pri�r to doing so and s� Ivng as, in Lender's so�e apinian, Lende�'s
<br /> interests in the Property are nat jeapardized. Lender may �equire Trustar ta post adequate security or a surety
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