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`'02101472 <br />DEED OF TRUST <br />(Continued) Page 2 <br />to any other person. The representations and warranties contained herein are based on Trustor's due diligence in <br />investigating the Property for Hazardous Substances. Trustor hereby (1) releases and waives any future claims <br />against Lender for indemnity or contribution In the event Trustor becomes liable for cleanup or other costs under <br />any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses, <br />liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from <br />a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, <br />disposal, release or threatened release occurring prior to Trustor's ownership or interest in the Property, whether or <br />not the same was or should have been known to Trustor. The provisions of this section of the Deed of Trust, <br />including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction <br />and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest <br />in the Property, whether by foreclosure or otherwise. <br />Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any <br />stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the <br />foregoing, Trustor will not remove, or grant to any other party the right to remove, any timber, minerals (including <br />oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. <br />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without <br />Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Trustor to <br />make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal <br />value. <br />Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all <br />reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Trustor's <br />compliance with the terms and conditions of this Deed of Trust. <br />Compliance with Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, and <br />regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the <br />Property, including without limitation, the Americans With Disabilities Act. Trustor may contest in good faith any <br />such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, <br />so long as Trustor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's <br />interests in the Property are not jeopardized. Lender may require Trustor to post adequate security or a surety <br />bond, reasonably satisfactory to Lender, to protect Lender's interest. <br />Duty to Protect. Trustor agrees neither to abandon or leave unattended the Property. Trustor shall do all other <br />acts, in addition to those acts set forth above in this section, which from the character and use of the Property are <br />reasonably necessary to protect and preserve the Property. <br />TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of <br />Trust: <br />Payment. Trustor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, <br />charges (including water and sewer), fines and impositions levied against or on account of the Property, and shall <br />pay when due all claims for work done on or for services rendered or material furnished to the Property. Trustor <br />shall maintain the Property free of all liens having priority over or equal to the interest of Lender under this Deed of <br />Trust, except for the lien of taxes and assessments not due and except as otherwise provided in this Deed of <br />Trust. <br />Right to Contest. Trustor may withhold payment of any tax, assessment, or claim in connection with a good faith <br />dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or <br />is filed as a result of nonpayment, Trustor shall within fifteen (15) days after the lien arises or, if a lien is filed, <br />within fifteen (15) days after Trustor has notice of the filing, secure the discharge of the lien, or if requested by <br />Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an <br />amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a <br />result of a foreclosure or sale under the lien. In any contest, Trustor shall defend itself and Lender and shall satisfy <br />any adverse judgment before enforcement against the Property. Trustor shall name Lender as an additional obligee <br />under any surety bond furnished in the contest proceedings. <br />Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes <br />or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written <br />statement of the taxes and assessments against the Property. <br />Notice of Construction. Trustor shall notify Lender at least fifteen (15) days before any work is commenced, any <br />services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or <br />other lien could be asserted on account of the work, services, or materials. Trustor will upon request of Lender <br />furnish to Lender advance assurances satisfactory to Lender that Trustor can and will pay the cost of such <br />improvements. <br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of <br />Trust. <br />Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended <br />coverage endorsements on a fair value basis for the full insurable value covering all Improvements on the Real <br />Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee <br />clause in favor of Lender. Trustor shall also procure and maintain comprehensive general liability insurance in such <br />coverage amounts as Lender may request with Trustee and Lender being named as additional insureds in such <br />liability insurance policies. Additionally, Trustor shall maintain such other insurance, including but not limited to <br />hazard, business interruption, and boiler insurance, as Lender may reasonably require. Policies shall be written in <br />form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies <br />reasonably acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender from time to time the <br />policies or certificates of insurance in form satisfactory to Lender, including stipulations that coverages will not be <br />cancelled or diminished without at least ten (10) days prior written notice to Lender. Each insurance policy also <br />shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, <br />omission or default of Trustor or any other person. Should the Real Property be located in an area designated by <br />the Administrator of the Federal Emergency Management Agency as a special flood hazard area, Trustor agrees to <br />obtain and maintain flood insurance, if available, for the full unpaid principal balance of the loan and any prior liens <br />on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, <br />or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Flood insurance may <br />be purchased under the National Flood Insurance Program, from private insurers providing "private flood insurance" <br />as defined by applicable federal flood insurance statutes and regulations, or from another flood insurance provider <br />that is both acceptable to Lender in its sole discretion and permitted by applicable federal flood insurance statutes <br />and regulations. <br />Application of Proceeds. Trustor shall promptly notify Lender of any loss or damage to the Property. Lender may <br />make proof of loss if Trustor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's <br />security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply <br />the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration <br />