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20210270,
<br />security agreements, and assignments of leases and rents, shall be referred to herein as the "Loan
<br />Instruments".
<br />TRUSTOR COVENANTS AND AGREES WITH LENDER AS FOLLOWS:
<br />1. Payment of Indebtedness. All indebtedness secured hereby shall be paid when due.
<br />2. Title. Trustor is the owner of the Property, has the right and authority to convey the
<br />Property, and warrants that the lien created hereby is a first and prior lien on the Property and
<br />that the execution and delivery of this Deed of Trust does not violate any contract or other
<br />obligation to which Trustor is subject.
<br />3. Taxes, Assessments. Trustor shall pay, before delinquent, all taxes, special
<br />assessments, and all other charges against the Property now or hereafter levied.
<br />4. Insurance. Trustor shall keep the Property insured against damage by fire hazards
<br />included with the term "extended coverage" and such other hazards as Lender may require, with
<br />companies and in amounts acceptable to Lender, naming Lender as an additional named insured
<br />with loss payable to the Lender. In case of loss under such policies, Lender is authorized to
<br />adjust, collect, and compromise all claims thereunder and shall have the option of applying all or
<br />part of the insurance proceeds (i) to any indebtedness secured hereby and in such order as Lender
<br />may determine, (ii) to the Trustor to be used for the repair or restoration of the Property, or (iii)
<br />for any other purpose or object satisfactory to Lender without affecting the lien of this Deed of
<br />Trust for the full amount secured hereby before such payment ever took place. Any application
<br />of proceeds to indebtedness shall not extend or postpone the due date of any payments under the
<br />Note, or cure any default thereunder or hereunder.
<br />5. Escrow. If required by Lender, Trustor shall pay to Lender, in such manner as
<br />Lender may designate, sufficient sums to enable Lender to pay all taxes, assessments, and other
<br />charges against the Property as they become due. Further, upon written demand by Lender,
<br />Trustor shall pay to Lender, in such manner as Lender may designate, sufficient sums to enable
<br />Lender to pay as they become due, one or more of the following: (i) the premiums on the
<br />property insurance required hereunder, and (ii) the premiums on any mortgage insurance
<br />required by Lender.
<br />6. Maintenance, Repairs, and Compliance with Laws. Trustor shall keep the Property
<br />in good condition and repair; shall promptly repair or replace any improvement that may be
<br />damaged or destroyed; shall not commit or permit any waste or deterioration of the Property;
<br />shall not remove, demolish, or substantially alter any of the improvements on the Property; shall
<br />not commit, suffer, or permit any act to be done in or upon the Property in violation of any law,
<br />ordinance, or regulation; and shall promptly discharge at Trustor's cost and expense all liens,
<br />encumbrances, and charges levied, imposed, or assessed against the Property or any part thereof.
<br />7. Eminent Domain. Lender is hereby assigned all compensation, awards, damages,
<br />and other payments or relief (herein "Proceeds") in connection with condemnation or other
<br />taking of all or any part of the Property, or for conveyance in lieu of condemnation. Lender shall
<br />be entitled, at its option, to commence, appear in, and prosecute in its own name any action or
<br />proceeding, and shall also be entitled to make any compromise or settlement, in connection with
<br />such taking or damage. In the event that any portion of the Property is so taken or damaged,
<br />Lender shall have the option, in its sole and absolute discretion, to apply all such Proceeds, after
<br />deducting therefrom all costs and expenses incurred by Lender in connection with such taking or
<br />damage, upon any indebtedness secured hereby and in such order as Lender may determine, or to
<br />apply all such Proceeds, after such deductions, to the restoration of the Property upon such
<br />conditions as Lender may determine. Any application of Proceeds to indebtedness shall not
<br />extend or postpone the due date of any payments under the Note or cure any default thereunder
<br />or hereunder. Any unapplied funds shall be paid to Trustor.
<br />8. Performance by Lender. Upon the occurrence of an Event of Default hereunder, or
<br />if any act is taken or legal proceeding commenced that materially affects Lender's interest in the
<br />Property, Lender may in its own discretion, but without obligation to do so and without notice to
<br />or demand upon Trustor and without releasing Trustor from any obligation, do any act that
<br />Trustor has agreed but failed to do and may also do any other act Lender deems necessary to
<br />protect the security hereof. Trustor shall, immediately upon demand therefor by Lender, pay to
<br />Lender all costs and expenses incurred and sums expended by Lender in connection with the
<br />exercise by Lender of the foregoing rights, together with interest thereon at the default rate
<br />provided in the Note, which shall be added to the indebtedness secured hereby. Lender shall not
<br />incur any liability because of anything it may do or omit to do hereunder.
<br />9. Hazardous Materials. Trustor shall keep the Property in compliance with all
<br />applicable laws, ordinances and regulations relating to industrial hygiene or environmental
<br />protection (collectively referred to herein as "Environmental Laws"). Trustor shall keep the
<br />Property free from all substances deemed to be hazardous or toxic under any Environmental
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