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2� 17�2�98
<br /> DEE� �F TRUST
<br /> Loan No: 'I�'I 3D41�� ���ntirlued� Page �
<br /> whether or nnt the ad�ances are made pursuant to a commitment. Specifically, withaut lim�tation, this D�ed af Trust
<br /> se�ures, in additivn t� the amounts specified in the Nofie, all future amounts Lender �n its discretion may laan t�
<br /> Trustar, together with all interest thereon,
<br /> Trustor presently assigns ta Lend�r �als❑ known as Beneficiary in this �e�d of Trust7 all of Trustor's right, title, and
<br /> interest in and ta all present and future leases a# the Prop�rty and ail Rents fr�m the Property, in addition, Trustar
<br /> grants t� Lender a Uniform Commerciat Code security interest in the Pers�na� Property and Rents.
<br /> THIS DEED �F TRUST, INCLUDING THE ASSIGNMENT �F RENTS AND THE SECURfTY INTEREST IN THE RENTS AND
<br /> PERS�NAL PRDPERTY, IS G1VEN TD SECURE �Af PAYMENT []F THE INDE6TEDNESS ANQ �B� PERF�RMANCE �F
<br /> ANY AND ALL �BLIGATInNS UNDER THE NaTE. THE RELATED D�CUMENTS, AND THiS DEED �F TRUST. THES
<br /> DEED�F TRLJST 15 GIVEN AND ACCEPTED DN THE F�LLQ1NiN�TERMS:
<br /> PAYMENT AND PERF�RMANCE. Except as �therw3se provided in this Deed of Trust, Trustor sha�� pay tv Lender all
<br /> amounts s�cur�d by this Deed ofi Trust as th�y become due, and shafl strictly and in a timely manner p�rform all a�f
<br /> Trustar's abligations under the Nate, this Deed ❑f Trust, and the Related Dvcumen�s.
<br /> P�SSESSI�N AND MAINTENANCE 4F THE PR�PERTY. Trustor agr�es that Trustar's possession and use ❑f the
<br /> Property sha�l be go�erned by�he �fll�owing pro�isions:
<br /> P�ssessivn and Use. Until the ❑ccurrenGe of an E�ent a� Defauit, Trustor may {1 y remain in possession and
<br /> contral �f the Praperty; �Z} use, operate or manage the Property; and �3� cvll�ct the Rents from the Praperty.
<br /> Duty tfl IVlaintain. Trustor shall maintain th� Prap�rty in tenantable c�nditian and prompt�y perform all repairs,
<br /> repla�ements, and maintenance nec�ssary to preser�e Ets�alue.
<br /> Compliance With En�ironmental Laws. Trustor represents and warrants t� Lender that: ��� During the period of
<br /> Trustor's ownership ❑f the Property, there has been no use, generati�n, manufa�ture, starage, treatment, dispasaf,
<br /> release ar threatened release of any Hazardous Substance by any person ❑n, under, about nr fram the Property;
<br /> �2y T�ust�r has no knawledge of, ❑r reason to b��ie�e tha� there has been, except as pre�ivusly disclosed ta and
<br /> acknowledged by Lender in writing, �ay any breach or �ioiat�an ❑f any En�iranmenta� Laws, �b� any use,
<br /> genera�ion, manufacture, storage, treatment, dispvsal, release or threatened reiease �# any Hazardous 5u�stan�e
<br /> an, under, abflut ❑r from the Property by any prFor awners vr oc�upants of the Property, ❑r �cy any actual or
<br /> threatened litigatian or c�aims of any k�nd by any person relating ta such matters; and {3� Except as pre�iousfy
<br /> disclosed to and acknvwledged by Ler�der in writ�ng, �a} �either Trustvr nar any tenan�, �ontractor, agent or other
<br /> authorized use� of the Praperty shali use, generate, manufacture, store, treat, dispose of or release any Hazardaus
<br /> Substance on, under, a�out or fram the Property; and tb} any such acti�ity shall be conduct�d in comp�ian�e with
<br /> all applicable federal, state, and lacal laws, regulations and ordinances, including withaut limitation all
<br /> En�ironmental Laws. Trustar autharizes Lender and its ag�nts to enter upan the C'roperty to make such
<br /> inspe�tians and t�sts, at Trustor's expense, as Lender may deem apprapriate ta determine compiiance ❑f the
<br /> Property with this section af �he ❑sed of Trust. Any inspectians n� tests made by Lender shali be for Lender's
<br /> purpas�s ❑niy and shall not be canstrued t❑ �reate any respansibility ar liabiiity on th� part af Lende� to Trustor or
<br /> ta any other pers�n. The represen#ations and warranties contained herein ar� �ased on Trustvr's due diiigence in
<br /> �n�estigating the Property for Hazardous Substances. Trustar hereby �1} releases and wai�es any futur� claims
<br /> against Lender far indemnity �r contribu�ion in the event Trustor becomes liabie for ��ear�up or ❑th�r costs under
<br /> any such laws; and �2� agrees tv indemnify, defend, and hoid harml�ss Lender againsf any and al� claims, I055�5,
<br /> liabilities, damages, pena(ties, and expenses which Lender may d�rectly ❑r indirectly sustain or suffer resulting from
<br /> a brea�h of this sectian af the Deed af Trust vr as a cansequence of any use, generatian, manufacture, starag�,
<br /> d�sp�sai, re�ease ar threatened release occurring pri�r to Trustar's ownership or interest in the Praperty, whether or
<br /> not the same was or shauld ha�e �een known to Trustor. The pro�isions of this sectian of the Deed ❑f Trust,
<br /> including th�obligativn tv indemni�y and defend, shall sur�i�e the payment�f the Indebtedness and the satisfactivn
<br /> and recon�eyance �f�he lien v�this Deed ❑f Trust and s�all not be affected f�y Lender's acquisitiati ot any interest
<br /> in the Property, whether�y fareclosure ❑r❑therwise.
<br /> Nuisance, Waste. Trustor shall not cause, conduct ❑r permit any nuisan�� nar commi�, permit, vr sufter any
<br /> stri�ping af or waste �n or ta the Praperty or any partian of the Property. Without limiting the gen�rality of the
<br /> foregoing, Trustor will not r�mo�e, ❑r grant to any ❑ther party the right to remo�e, any timb�r, minera�s �inciuding
<br /> oil and gas�, coal, clay, scoria, soil, gra�el or rack products wEthout Lender's prior written consent.
<br /> Rema�a!of Impro�ements. Trustar shall nat demolish ❑r remo�e any �mprfl�ements frflm the Real Prvperty without
<br /> Lender's prior written consent. As a c�ndition tv the remo�al of any Impro�ements, Lend�r may require Trustar to
<br /> make arrangements satisfactvey t❑ Lender to repla�e such �mpro�ements w�th Impra�ements of at l�ast equal
<br /> �alue.
<br /> Lender's Righ# to Enter. Lender and Lender's agents and representati�es may enter upon th� Real Property at all
<br /> reasor�able times ta attend to Lend�r's interests and �o inspect the Real Prop�rty for purposes of T�ustor's
<br /> campliance with the terrns and conditions vf this Deed of Trust,
<br /> Cvmpliance with Go�ernmental Requirements. Trustor shali promptly comply with all laws, ordinances, and
<br /> regulations, now ar hereafter in effect, ❑f all go�ernmental autharities app[icable to the use ❑r ❑ccupancy o� the
<br /> Property, including with�ut IimitatiQn, the Am�ri�ans With D�sabilities Act. Trustor may contest in good faith any
<br /> such law, ❑rdinance, oT re�ulation and withhald ��mpliance during any pra�eeding, En�luding appropriate appeais,
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