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<br />discretion, determines to rebuilding of the Premises or to payment of the Obligations, whether or not then due and
<br />payable.
<br />2.7 Condemnation. Any compensation received or receivable for the taking of the Premises, or any part thereof,
<br />by a condemnation proceeding (including payments in compromise of condemnation proceedings), and all
<br />compensation received or receivable as damages for injury to the Premises, or any part thereof, shall be applied in
<br />such manner as Beneficiary, in its sole and absolute discretion, determines to rebuilding of the Premises or to
<br />payment of the Obligations, whether or not then due and payable. Trustor hereby assigns to Trustee, for the benefit
<br />of Beneficiary, any claims for compensation for and shall pay to Trustee, for the benefit of Beneficiary, all proceeds
<br />received from a taking by eminent domain of all or a part of the Mortgaged Property.
<br />2.8 Environmental Matters. Except as specifically disclosed by Trustor to Beneficiary in writing prior to the
<br />execution of the Deed of Trust, Trustor represents and warrants as follows. There exists no uncorrected violation by
<br />Trustor of any federal, state or local laws (including statutes, regulations, ordinances or other governmental
<br />restrictions and requirements) relating to the discharge of air pollutants, water pollutants or process waste water or
<br />otherwise relating to the environment or Hazardous Substances as hereinafter defined, whether such laws currently
<br />exist or are_enactedin the future (collectively "Environmental Laws"). The term "Hazardous Substances" will
<br />mean any hazardous or toxic wastes, chemicals or other substances, the generation, possession or existence of which
<br />is prohibited or governed by any Environmental Laws. Trustor is not subject to any judgment, decree, order or
<br />citation, or a party to (or threatened with) any litigation or administrative proceeding, which asserts that Trustor (a)
<br />has violated any Environmental Laws; (b) is required to clean up, remove or take remedial or other action with
<br />respect to any Hazardous Substances (collectively "Remedial Action"); or (c) is required to pay all or a portion of
<br />the cost of any Remedial Action, as a potentially responsible party. Except as disclosed on Trustor's environmental
<br />questionnaire or audit provided to Beneficiary, there are not now, nor to Trustor's knowledge after reasonable
<br />investigation have there ever been, any Hazardous Substances (or tanks or other facilities for the storage of
<br />Hazardous Substances) stored, deposited, recycled or disposed of on, under or at any real estate owned or occupied
<br />by Trustor during the periods that Trustor owned or occupied such real estate, which if present on the real estate or
<br />in soils or ground water, could require Remedial Action. To Trustor's knowledge, there are no proposed or pending
<br />changes in Environmental Laws which would adversely affect Trustor or its business, and there are no conditions
<br />existing currently or likely to exist while the Loan Documents are in effect which would subject Trustor to Remedial
<br />Action or other liability. Trustor currently complies with and will continue to timely comply with all applicable
<br />Environmental Laws; and will provide Beneficiary, immediately upon receipt, copies of any correspondence, notice,
<br />complaint, order or other document from any source asserting or alleging any circumstance or condition which
<br />requires or may require a financial contribution by Trustor or Remedial Action or other response by or on the part of
<br />Trustor under Environmental Laws, or which seeks damages or civil, criminal or punitive penalties from Trustor for
<br />an alleged violation of Environmental Laws. In the event of any such circumstance or condition or in the event of a
<br />default, Trustor agrees, at its expense and at the request of Beneficiary, to permit such environmental audits and/or
<br />investigations, which may at Bank's option include invasive environmental testing, solely for the benefit of
<br />Beneficiary, to be conducted by Beneficiary or an independent agent selected by Beneficiary and which may not be
<br />relied on by Trustor for any purpose. This provision shall not relieve Trustor from conducting its own
<br />environmental audits or taking any other steps necessary to comply with Environmental Laws or to take Remedial
<br />Action at its own expense.
<br />2.9 Assignments. Trustor will not assign, in whole or in part, without Beneficiary's prior written consent, the
<br />rents, issues or profits arising from the Premises.
<br />2.10 Right of Inspection. Beneficiary or its agent may at all reasonable times enter and inspect the Premises.
<br />2.11 Waivers by Trustor. To the greatest extent that such rights may then be lawfully waived, Trustor hereby
<br />agrees for itself and any persons claiming by, through or under Trustor that it will waive and will not, at any time,
<br />insist upon or plead or in any manner whatsoever claim or take any benefit or advantage of (a) any exemption, stay,
<br />extension or moratorium law now or at any time hereafter in force; (b) any law now or hereafter in force providing
<br />for the valuation or appraisement of the Premises or any part thereof prior to any sale or sales thereof to be made
<br />pursuant to any provision herein contained or pursuant to the decree, judgment or order of any court of competent
<br />jurisdiction; (c) any statute of limitations now or at any time hereafter in force; (d) any right to require marshalling
<br />of assets by Beneficiary; or (e) to the extent permitted by law, any law now or at any time hereafter made or enacted
<br />granting a right to redeem from foreclosure or any other rights of redemption in connection with foreclosure of, or
<br />exercise of any power of sale under, the Deed of Trust.
<br />2.12 Assignment of Rents and Leases. Trustor assigns and transfers to Beneficiary, as additional security for the
<br />Obligations, all right, title and interest of Trustor in and to all leases which now exist or hereafter may be executed
<br />by or on behalf of Trustor covering the Premises and any extensions or renewals thereof, together with all Rents, it
<br />being intended that this is an absolute and present assignment of the Rents. Notwithstanding that this assignment
<br />04-004 ® us bancorp 2013 (rev. 2.2 - 02/2018)
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