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89--& 101431 <br />03 -21 -1M DEED OF TRUST pfte 2 <br />L IM tmto 10236 (Camtfwao <br />Prop ry The word'Propw means &sft li * ftte Host Properly and the Personal Property. <br />Real I t"Mm. The words "Real PraperaH?.rmmM tpe properly. interests and rlgffas deaa%W above in the'Com"artota and Grant' eection. <br />Related Docraeermmla The vouch 'Rol M.. H oWinr entaf' mean and Include without lirnft *m all pmu taory ratn . swill agrearnents . loan <br />aQaarrfarb, guaran". aacurity. syreaflertto, Mli%%agee, deeds of trust, and all other documents, whether now or hereaft existing, executed in <br />ootfrradbn aft Gr~A ttio0 adrtaait 0 i ", Cl K.' <br />Rena. Ttr word "Rermfmr:' nfsarr>< sit rgti{>< onsetpttaiti income, issues. and protms from Ute Property. <br />T1rusMe, The word'Troatsat' means ShPutlian,COklrrtil Bang and any subafta or successor trustees. <br />TIN D® OF TRUST, INMWfHG : R-W AMOMENT OF RMS AND THE S=Mfiy INTEREST IN THE IPIEI M AHD PERSONAL <br />PROPERTY. IS GfvEN TO SECURE rQ, PA'A,NT CF THE INDEItTEDNESS AND (2) RMFDRRWJ E OF ANY AND Au CKMTiOH5 OF <br />GRANTOR UNDER THE NOTE Amp THis cam CF TRuzr1 THIS DEED OF TRUST iS GivEN AND ACCEPTED ON THE FOLLowma TERMS: <br />PAYMEW AND PERFORMANCE. Except as ofharhiw;lMVided in teas Dead of Trust, Grarmcr shall pay to Lender all amounts secured by this Deed of <br />Trust as they become due, and" sMCf►y per rrn all of Granwes obligations under the Note and this Deed otTrust <br />POSSESSM AND MAwroaNCE OF TILE .Fit,o RTv. Grantor agrees that Grantor's possession and use of the Property shall be govekr>ad by the <br />fi towI g txovisior K <br />Pine eadon and uss, Una the occurrence of an Event of Default, Grantor may (a) reniin In possession and control of the Rrpeq,.: (t),um <br />operats or mange the Property, and (c) collect any Rents fnp m the Property. <br />Duty fio NWnbkL Gw for shay maintain the Property in tenantable condition and promptly perform all repairs and mdntetwras,,usury tD <br />"� <br />preserve its value <br />• :; <br />Hazardous Subatanoe& Grantor represents and warrants that the Fmp&V now has been, and never will be w long as tt.- Coad of Trust <br />mmkrm a Garr on the Properly, used for the generation, manfrtrrear% `crraSe, treatment, disposal, release or threallaned reease of Any hazardous <br />waist or substance, as those terms are defined in the Cerrpmherave Environmental Response, Compensation: area Lability Act of low, as <br />amer:ded. 42 U.S.C. Section 9801, of seq. ("CERCLA'), the Superfund Amendments and Reauthorization Act CSARA7.,.wpkMbe gons or Federal <br />Qzm% or regutdons adopted pursuant to any of the foregoing. Grantor authortzes Lender and its ager fszto enter upcm-lm Red RtCWV to male <br />ssdf Inspections and tests as lender may doom approprfAM to determine compliance of the Property with Vfts pamai=Vb. Any :rtapections or <br />tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or on the part of tender to <br />Grantor or to any olfrsr person. The representations and wsmrnanes contained herein we based on Grantor's due: i1ftence in Investigating the <br />Property for lazardous waste. Grantor hereby (a) releases and waives any future Gains against Lender for indemr t4s or contribution in the even <br />Grantor becomes liable for cleanup or other costs under any such laws, and (b) agrees to indemnify and hold har miss Lender against any and <br />all daims and losses resulting from a breech of this paragraph of the Dead. of Trust This obligation to indemnity shall survive the prt•Yctmrtrd of the <br />Indebtedness and ft satisfaction of this Qeed of Trust <br />tiirfaancs. tilfaata, Grantor shah not cause, conduct or permit any nuisance nor commit or suffer any ship or waste on or to a* ft`?�ly or any <br />�J •�;: <br />Portion thereof of the Property. SpecificaCy without limitation, Grantor will riot remove, or grant to any other parry OW rim sz to narmYS, any My timber, <br />;`i. <br />t <br />minerals (Including oil and gas), soil, gravel or rock products without the prior written consent of Lender. <br />Removal of improvements. Grantor shag ncl demolish or remove any improvements from the Real Property with,,, Adi a prior xmft w consent of <br />Lender. As a condition to the removal of any improvements, Lander may require Grantor to make arrangements saiidia=ry to tr*TdGr to replace <br />such improvements with improvements of at least equal value. <br />Landers Right to Enter. Lender and its agents and representatives may enter upon the Real Property at all reasonable times to attend to,;�.. <br />Lenders interests and 10 inspect the Property for purposes of Grantors compliance with the terrrfs and conditions of this Deed of Trust. <br />is <br />Compliance with Governmental RegWroments, Grantor shall promptly comply with ail laws, ordinances, and regulations of 0 govemrnentd <br />authorities aPPIcabfe to the use or occupancy of the Property. Grantor may contest in good faith any such law, ordinance, ter regulation and <br />withhold corfplhince during any prore"Ing, Including appropriate appeal•% so long as Grantor has notified Lender in writing prior ta dcing so and <br />so long as Lenders Interests in the Property are not jeopardized. Leader may require Grantor to post adequate amitty or a surely bond, <br />reasonably satisfactory to Lender, to protect Lenders interest <br />:} <br />D* to Protect, Grantor shall do all other acts, in additn to those acts set forth above In this section, which from the character and use of tta <br />Property are reasonably necessary to protect and preserve too Property. <br />. <br />ASSUMPTION. If Grantor or any prospective indxrus =e s-j:plies to Lender for consent to a transfer, Lender may require such Information oorfoerr&,q_ <br />#!F <br />the prospective transferee as would normally be regii rd 13rm a new loan applicant. <br />TAXES AND LIENS. The following provisions relating to the Imme and liens on the Property are a part of this Deed of Trust <br />� <br />Payment Grantor sham pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including water and <br />sewers fines and Impositions levied against or on account of the Property, and shall pay when due all claims for work done on or for services <br />rendered or mtiterfal furnished to the Property. Grantor sham maintain the Property free of all liens having priority over or equal to the interest of <br />Lender under this Deed of Trust, except for the liep of taxes and assessments not due and except as otherwise provided in this Deed of Trust <br />Right To Contest. Grantor fray! withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to <br />poll. so long as Lenders inter W- In the Property is not jeopmd::.ed. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen <br />(15) days after the ken arises cr,,if a Ilan is filed, within fifteesi (15) days after Grantor has notice of the filing, secure the discharge of the lien, or If <br />1eGuemed by Lander, deposit with Lender cacti or a sufficient corporate surety bond or other security satisfactory to Lender In an amount sufficient <br />to discharge the lien plus any costs or othee dtarges that could accrue as a result of a foreclosure or sale under the men. In any contest, Grantor <br />shall defend ban and Lender and sham surristy any adverse judgment before enforcement against thiWroperty. Grantor shall now Lender as an <br />additional obligee under any surely bond furnished in the oantest proceedings. <br />Evidence of Payment Grantor shall upon demand furnish to Lender evidence of payment of the VAM or assessments and shall authorize the <br />oppiaPrL-t-- gavarrrrncntal offidal to deliver to lender at any time a written Statement of the taxes and av essments against the Property. <br />Nolfoe of COna*ucliOn. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any <br />materials are supplied to the Property, if any mechanic's Gen, materialmen's lien, or other lien could be asserted on account of the work, services. <br />or materiels and the cost exceeds S5.owoo. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender <br />that Grantor can and will pay the cost of such Improvements. <br />_ -_ - -- <br />PROPERTY DAMAGE INSURANCE, The following provisions relating to insuring the Property are a part of this Deed of Trust. <br />Maintananoa of insurance, Grantor sham procure and maintain policies of fire insurance with standard extended coverage endorsements on a <br />fiQ� <br />i. <br />