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20211pg/�-
<br />acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation,
<br />manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about
<br />or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or
<br />claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged
<br />by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property shall
<br />use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the
<br />Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws,
<br />regulations and ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and its
<br />agents to enter upon the Property to make such inspections and tests, at Trustor's expense, as Lender may deem
<br />appropriate to determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests
<br />made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on
<br />the part of Lender to Trustor or to any other person. The representations and warranties contained herein are based on
<br />Trustor's due diligence in investigating the Property for Hazardous Substances. Trustor hereby (1) releases and
<br />waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for cleanup or
<br />other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all
<br />claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer
<br />resulting from a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture,
<br />storage, disposal, release or threatened release occurring prior to Trustor's ownership or interest in the Property, whether
<br />or not the same was or should have been known to Trustor. The provisions of this section of the Deed of Trust, including
<br />the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction and
<br />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
<br />or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Trustor will
<br />not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria,
<br />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 make
<br />arrangements satisfactory to Lender to 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
<br />reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Trustor's compliance
<br />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 Property,
<br />including without limitation, the Americans With Disabilities Act. 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
<br />Trustor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the
<br />Property are not jeopardized. Lender may require Trustor to post adequate security or a surety bond, reasonably
<br />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 acts, in
<br />addition to those acts set forth above in this section, which from the character and use of the Property are reasonably
<br />necessary to protect and preserve the Property.
<br />Construction Loan. If some or all of the proceeds of the loan creating the Indebtedness are to be used to construct or
<br />complete construction of any Improvements on the Property, the Improvements shall be completed no later than the
<br />maturity date of the Note (or such earlier date as Lender may reasonably establish) and Trustor shall pay in full all costs
<br />and expenses in connection with the work. Lender will disburse loan proceeds under such terms and conditions as
<br />Lender may deem reasonably necessary to insure that the interest created by this Deed of Trust shall have priority over
<br />all possible liens, including those of material suppliers and workmen. Lender may require, among other things, that
<br />disbursement requests be supported by receipted bills, expense affidavits, waivers of liens, construction progress reports,
<br />and such other documentation as Lender may reasonably request.
<br />TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of 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 pay
<br />when due all claims for work done on or for services rendered or material furnished to the Property. Trustor shall
<br />maintain the Property free of all liens having priority over or equal to the interest of Lender under this Deed of Trust,
<br />except for the lien of taxes and assessments not due and except as otherwise provided in this Deed of 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 is
<br />filed as a result of nonpayment, Trustor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen
<br />(15) days after Trustor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with
<br />Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to
<br />discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a result of a foreclosure or
<br />sale under the lien. In any contest, Trustor shall defend itself and Lender and shall satisfy any adverse judgment before
<br />enforcement against the Property. Trustor shall name Lender as an additional obligee under any surety bond furnished
<br />in the contest proceedings.
<br />Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or
<br />assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement
<br />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 other
<br />lien could be asserted on account of the work, services, or materials. Trustor will upon request of Lender furnish to
<br />Lender advance assurances satisfactory to Lender that Trustor can and will pay the cost of such 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 Property
<br />in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of
<br />Lender. Trustor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as
<br />Lender may request with Trustee and Lender being named as additional insureds in such liability insurance policies.
<br />Additionally, Trustor shall maintain such other insurance, including but not limited to hazard, business interruption, and
<br />boiler insurance, as Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis
<br />reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Trustor,
<br />upon request of Lender, will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory
<br />to Lender, including stipulations that coverages will not be cancelled or diminished without at least ten (10) days prior
<br />written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in favor of
<br />Lender will not be impaired in any way by any act, omission or default of Trustor or any other person. Should the Real
<br />Property be located in an area designated by the Administrator of the Federal Emergency Management Agency as a
<br />s6)
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