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DEED OF TRUST
<br />(Continued)
<br />202105502
<br />Page 2
<br />previously disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor,
<br />agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release
<br />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
<br />limitation all Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to make
<br />such inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the
<br />Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's
<br />purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Trustor or
<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 />Compliance with Lease. Trustor will pay all rents and will strictly observe and perform on a timely basis all other
<br />terms, covenants, and conditions of the Lease. Trustor will indemnify, defend, and hold Lender harmless against
<br />all losses, liabilities, actions, suits, proceedings, costs including attorneys' fees claims, demands, and damages
<br />whatsoever which may be incurred by reason of Trustor's failure to pay rents or strictly observe or perform under
<br />the Lease.
<br />Other Agreements Relating to the Lease. Trustor further agrees (1) not to surrender, terminate, or cancel the
<br />Lease, and (2) not to modify, change, supplement, alter, or amend the Lease, either orally or in writing, without
<br />Lender's prior written consent. Any attempt by Trustor to do any of the foregoing without Lender's prior written
<br />consent will be void and of no force and effect. At Lender's option, Trustor will deposit with Lender as further
<br />security all original documents relating to the Lease and the leasehold interest in the Property. Unless Trustor is in
<br />breach or default of any of the terms contained in this Deed of Trust, Lender will have no right to cancel, modify,
<br />change, supplement, alter or amend the leasehold interest. No estate in the Property, whether fee title to the
<br />leasehold premises, the leasehold estate, or any subleasehold estate, will merge without Lender express written
<br />consent; rather these estates will remain separate and distinct, even if there is a union of these estates in the
<br />landlord, Trustor, or a third party who purchases or otherwise acquires the estates. Trustor further agrees that if
<br />Trustor acquires all or a portion of the fee simple title, or any other leasehold or subleasehold title to the Property,
<br />that title will, at Lender's option, immediately become subject to the terms of this Deed of Trust, and Trustor will
<br />execute, deliver and record all documents necessary or appropriate to assure that such title is secured by this Deed
<br />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
<br />which Trustor is to perform or 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
<br />Lender, whether received from any insurance on the Property or from the taking of any or all of the Property
<br />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
<br />provide Lender with such other information as Lender may reasonably request. Trustor agrees that promptly after
<br />the execution and delivery of this Deed of Trust, Trustor will notify the landlord under the Lease in writing of the
<br />execution and delivery of this Deed of Trust and of the name and address of Lender and will deliver a copy of this
<br />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,
<br />Lender may, at Lender's option, cure such default, even though Trustor, or any party on behalf of Trustor,
<br />questions or denies the existence of such default or the nature of the default. Trustor expressly grants to Lender
<br />the absolute and immediate right to enter upon the Property to such extent and as often as Lender in it sole
<br />discretion deems necessary or desirable in order to prevent or cure any such default by Trustor.
<br />DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums
<br />secured by this Deed of Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the
<br />Real Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any
<br />right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary;
<br />whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a
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