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202108074
<br />1.06 Security Agreement. This Deed of Trust shall be self -operative and constitute a
<br />Security Agreement under the Uniform Commercial Code of the Governing Jurisdiction,
<br />as amended from time to time, with respect to the Fixtures or any personal property
<br />situated on or associated with the Property; provided, however, Trustor hereby agrees
<br />to execute and deliver on demand and hereby irrevocably constitutes and appoints
<br />Beneficiary the attorney-in-fact of Trustor, to execute, deliver and, if appropriate, to file
<br />with the appropriate filing officer or office such financing statements or other
<br />instruments as Beneficiary may reasonably request or require in order to impose or
<br />perfect the lien or security interest hereof more specifically thereon.
<br />1.07 Compliance with Laws. Trustor will not commit any waste on or of the Property
<br />or make any change in the use of the Property which will in any way increase any
<br />ordinary fire or other hazard arising out of construction of the Improvements or
<br />operation of the Property, nor will Trustor make any application to any federal, state or
<br />local governmental authority ("Governmental Authority") for a change in zoning or a
<br />change in any other law, ordinance, statute, rule, order, decree, directive or regulation
<br />("Laws") affecting the Property nor will Trustor consent to any such change without the
<br />written consent of the Beneficiary, which consent will not be unreasonably withheld.
<br />Trustor will at all times comply with all Laws of any Governmental Authority having
<br />jurisdiction over construction of the Improvements or otherwise affecting the Property
<br />and maintain and keep, or cause to be maintained and kept, the Improvements in good
<br />operating order and condition. After completion of the Improvements, they shall not be
<br />removed, demolished or substantially altered; nor shall any of the Fixtures be removed,
<br />without the prior written consent of Beneficiary, except where appropriate replacements
<br />free of superior title, liens and claims are immediately made having a value at least equal
<br />to the value of the Fixtures so removed.
<br />1.08 Impositions. Trustor shall pay all reasonable costs, fees and expenses of
<br />Trustee, its agents and legal counsel in connection with the performance of its duties
<br />hereunder; and Trustor shall pay all taxes (except federal and state income taxes) and
<br />any other governmental charges or impositions imposed by any Governmental Authority
<br />on Trustee or Beneficiary by reason of their interests in this Deed of Trust.
<br />1.09 Subrogation. Beneficiary shall be subrogated for the full amount,
<br />notwithstanding their release of record at a discount, to any construction, mechanic's
<br />or vendor's lien or liens, superior titles, mortgages, deeds of trust, liens, encumbrances,
<br />rights, equities and charges of all kinds heretofore or hereafter existing on the Property,
<br />to the extent that the same are paid or discharged by the Beneficiary.
<br />1.10 Release of Liability or Performance. Without affecting the liability of Trustor or
<br />of any other person who is or shall become bound by the terms of this Deed of Trust or
<br />who is or shall become liable for the performance of any obligation secured hereby,
<br />Beneficiary may, in such manner, upon such terms and at such times as it deems best
<br />and without notice or demand, release any party now or hereafter liable for the
<br />performance of any such obligation, extend the time for such performance, accept
<br />additional security therefor, and alter, substitute or release any property securing such
<br />performance. No exercise or nonexercised by Beneficiary of any of its rights under this
<br />Deed of Trust, no dealing by Beneficiary with any person, firm or corporation and no
<br />change, impairment, loss or suspension of any right or remedy of Beneficiary shall in
<br />any way affect any of the obligations of Trustor hereunder or any security furnished by
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