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200108414
<br />DEED OF TRUST
<br />Loan No: 771238 (Continued)
<br />Page 2
<br />any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a)
<br />neither Trustor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat,
<br />dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in
<br />compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws.
<br />Trustor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Trustor's expense, as Lender may
<br />deem appropriate to determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender
<br />shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Trustor or to
<br />any other person. The representations and warranties contained herein are based on Trustor's due diligence in investigating the Property for
<br />Hazardous Substances. Trustor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event
<br />Trustor becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify and hold harmless Lender against any
<br />and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a
<br />breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened
<br />release occurring prior to Trustor's ownership or interest in the Property, whether or not the same was or should have been known to Trustor.
<br />The provisions of this section of the Deed of Trust, including the obligation to indemnify, shall survive the payment of the Indebtedness and
<br />the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest in the
<br />Property, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to
<br />the Property or any portion of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant to any other
<br />party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior
<br />written consent.
<br />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without Lender's prior written
<br />consent. As a condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory to Lender to
<br />replace such Improvements with Improvements of at least equal value.
<br />Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to
<br />attend to Lender's interests and to inspect the Real Property for purposes of Trustor's compliance with the terms and conditions of this Deed
<br />of Trust.
<br />Compliance with Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, and regulations, now or hereafter
<br />in effect, of all governmental authorities applicable to the use or occupancy of the Property. Trustor may contest in good faith any such law,
<br />ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Trustor has notified
<br />Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender
<br />may require Trustor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest.
<br />Duty to Protect. Trustor agrees neither to abandon nor leave unattended the Property. Trustor shall do all other acts, in addition to those
<br />acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the
<br />Property.
<br />Compliance with Lease. Trustor will pay all rents and will strictly observe and perform on a timely basis all other terms, covenants, and
<br />conditions of the Lease. Trustor will indemnify and hold Lender harmless against all losses, liabilities, actions, suits, proceedings, costs
<br />including attorneys' fees claims, demands, and damages whatsoever which may be incurred by reason of Trustor's failure to pay rents or
<br />strictly observe or perform under the Lease.
<br />Other Agreements Relating to the Lease. Trustor further agrees (1) not to surrender, terminate, or cancel the Lease, and (2) not to
<br />modify, change, supplement, alter, or amend the Lease, either orally or in writing, without Lender's prior written consent. Any attempt by
<br />Trustor to do any of the foregoing without Lender's prior written consent will be void and of no force and effect. At Lender's option, Trustor
<br />will deposit with Lender as further security all original documents relating to the Lease and the leasehold interest in the Property. Unless
<br />Trustor is in breach or default of any of the terms contained in this Deed of Trust, Lender will have no right to cancel, modify, change,
<br />supplement, alter or amend the leasehold interest. No estate in the Property, whether fee title to the leasehold premises, the leasehold
<br />estate, or any subleasehold estate, will merge without Lender express written consent; rather these estates will remain separate and distinct,
<br />even if there is a union of these estates in the landlord, Trustor, or a third party who purchases or otherwise acquires the estates. Trustor
<br />further agrees that if Trustor acquires all or a portion of the fee simple title, or any other leasehold or subleasehold title to the Property, that
<br />title will, at Lender's option, immediately become subject to the terms of this Deed of Trust, and Trustor will execute, deliver and record all
<br />documents necessary or appropriate to assure that such title is secured by this Deed of Trust.
<br />Notices Relating to the Lease. Trustor will promptly notify Lender in writing:
<br />(1) if Trustor is in default in the performance or observance of any of the terms, covenants, or conditions which Trustor is to perform or
<br />observe under the Lease;
<br />(2) if any event occurs which would constitute a default under the Lease;
<br />(3) if any notice of default is given to Trustor by the landlord under the Lease;
<br />(4) if, pursuant to the Lease, any proceeds received for the Property are deposited with someone other than Lender, whether received
<br />from any insurance on the Property or from the taking of any or' all of the Property by eminent domain; and
<br />(5) if any arbitration or appraisal proceedings are requested or instituted pursuant to the Lease.
<br />Trustor agrees to provide Lender promptly with a copy of all written materials relating to any of the above and to provide Lender with such
<br />other information as Lender may reasonably request. Trustor agrees that promptly after the execution and delivery of this Deed of Trust,
<br />Trustor will notify the landlord under the Lease in writing of the execution and delivery of this Deed of Trust and of the name and address of
<br />Lender and will deliver a copy of this Deed of Trust to the landlord.
<br />Option to Cure Lease Default. Upon Lender's receipt of any written notice of Trustor's default under the Lease, Lender may, at Lender's
<br />option, cure such default, even though Trustor, or any party on behalf of Trustor, questions or denies the existence of such default or the
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