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202110994 8. Environmental Laws. Trustor represents, warrants and covenants to Beneficiary (a) that during the period of Trustor's ownership or use of the Property no substance has been, is or will be present, used, stored, deposited, treated, recycled or disposed of on, under, in or about the Property in a form, quantity or manner which if known to be present on, under, in or about the Property would require clean-up, removal or some other remedial action ("Hazardous Substance") under any federal, state or local laws, regulations, ordinances, codes or rules ("Environmental Laws"); (b) that Trustor has no knowledge, after due inquiry, of any prior use or existence of any Hazardous Substance on the Property by any prior owner of or person using the Property; (c) that, without limiting the generality of the foregoing, Trustor has no knowledge, after due inquiry, that the Property contains asbestos, polychlorinated biphenyl components (PCBs) or underground storage tanks; (d) that there are no conditions existing currently or likely to exist during the term of this Deed of Trust which would subject Trustor to any damages, penalties, injunctive relief or clean-up costs in any governmental or regulatory action or third -party claims relating to any Hazardous Substance; (e) that Trustor is not subject to any court or administrative proceeding, judgment, decree, order or citation relating to any Hazardous Substance; and (f) that Trustor in the past has been, at the present is, and in the future will remain in compliance with all Environmental Laws. Trustor shall indemnify and hold harmless Trustee and Beneficiary, their respective directors, officers, employees and agents for, from and against all loss, cost (including reasonable attorneys' fees and legal expenses), liability and damage whatsoever directly or indirectly resulting from, arising out of, or based upon (i) the presence, use, storage, deposit, treatment, recycling or disposal, at any time, of any Hazardous Substance on, under, in or about the Property, or the transportation of any Hazardous Substance to or from the Property, (ii) the violation or alleged violation of any Environmental Law, permit, judgment or license relating to the presence, use, storage, deposit, treatment, recycling or disposal of any Hazardous Substance on, under, in or about the Property, or the transportation of any Hazardous Substance to or from the Property, or (iii) the imposition of any governmental lien for the recovery of environmental clean-up costs expended under any Environmental Law. Trustor shall immediately notify Beneficiary in writing of any governmental or regulatory action or third -party claim instituted or threatened in connection with any Hazardous Substance on, in, under or about the Property. 9. Authority of Beneficiary or Trustee to Perform for Trustor. If Trustor fails to perform any of Trustor's duties set forth in this Deed of Trust, including, without limitation, preserving and insuring the Property, not committing waste or abandoning the Property, keeping the Property free of liens or encumbrances other than those approved by Beneficiary, keeping the Property in good and tenantable condition and repair, and complying with all laws, ordinances and regulations affecting the Property, Trustee may after giving Trustor any notice and opportunity to perform which are required by law, perform the covenants or duties or cause them to be performed, or take such other action as may be necessary to protect Beneficiary's interest in the Property and to secure and repair the Property. Unless prohibited by applicable law, such actions may include, without limitation, assessing the value of the Property, paying liens that become superior to this Deed of Trust and making any other payments required, signing Trustor's name, engaging an attorney, appearing in court and paying reasonable attorneys' fees, and entering the Property to make repairs, change locks, replace and board up doors and windows, drain water from pipes, eliminate building code violations and dangerous conditions and maintain appropriate utilities to the Property. Any such amounts expended by Beneficiary shall be due on demand and secured by this Deed of Trust, bearing interest at the highest rate stated in any document evidencing an Obligation, but not in excess of the maximum rate permitted to be contracted for by law, from the date of expenditure by Trustee to the date of payment by Trustor. 10. Default; Acceleration; Remedies; Notice of Default. If (a) there is a default under any Obligation secured by this Deed of Trust, or (b) at any time Beneficiary believes in good faith that the prospect of payment or performance of any of the Obligations or performance under any agreement securing the Obligations, or realization of collateral, is significantly impaired, and this continues for 10 days; then, at the option of Beneficiary each Obligation will become immediately due and payable unless notice to Trustor or Borrower and an opportunity to cure are required by applicable law, or the document evidencing the Obligation and, in that event, the Obligation will become due and payable if the default is not cured as provided in the document evidencing the Obligation or as otherwise provided by law. If Beneficiary exercises its option to accelerate, the unpaid principal and interest owed on the Obligation, together with all sums paid by Beneficiary as authorized or required under this Deed of Trust or any Obligation, shall be collectible in a suit at law or by trustee's sale or judicial foreclosure of this Deed of Trust by action, or by the exercise of any other remedy available at law or equity. Trustor hereby requests a copy of any notice of default and any notice of sale hereunder or under any other deed of trust recorded against the Property to be mailed to Trustor at Trustor's address set forth in this Deed of Trust. While hereby expressly reserving the priority of this Deed of Trust as established by law, Trustee and Beneficiary hereunder request that a copy of any notice of default and any notice of sale under any deed of trust recorded against the Property either prior to, or subsequent to the date this Deed of Trust is recorded, be mailed to each at the addresses set forth in this Deed of Trust. 11. Waiver and Consent. Beneficiary may waive any default without waiving any other subsequent or prior default by Trustor. Beneficiary shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in writing and signed by an authorized officer of Beneficiary. Unless prohibited by applicable law, each Trustor who is not also a Borrower expressly consents to and waives notice of the following without affecting the liability of any such Trustor: (a) the creation of any present or future Obligations, default under any Obligations, proceedings to collect from any Borrower or anyone else, (b) any surrender, release, impairment, sale or other disposition of any security or collateral for the Obligations, (c) any release or agreement not to sue any guarantor or surety of the Obligations, (d) any failure to perfect Beneficiary's security interest in or realize upon any security or collateral for the Obligations, (e) any failure to realize upon any of the Obligations or to proceed against any Borrower or any guarantor or surety, (f) any renewal or extension of the time of payment, (g) any determination of the allocation and application of payments and credits and acceptance of partial payments, (h) any application of the proceeds of disposition of any collateral for the Obligations to any obligation of any Borrower secured by such collateral in such order and amounts as it elects, (i) any determination of what, if anything, may at any time be done with reference to any security or collateral, and (j) any settlement or compromise of the amount due or owing or claimed to be due or owing from any Borrower, guarantor or surety. 12. Power of Sale. In the event a breach or default under any Obligation secured by this Deed of Trust, Beneficiary may request that Trustee exercise the power of sale granted in this Deed of Trust. Before any Trustee's sale, Beneficiary or Trustee shall give such statement of breach or nonperformance and notice of sale as may then be required by applicable law. When all time periods then legally mandated have expired, and after such notice of sale as may then be legally required has been given, Trustee shall sell the Property being sold at a public auction to be held at the time and place specified in the notice of sale. Neither Trustee, nor Beneficiary, shall have any obligation to make demand on Trustor before any Trustee's sale. From time to time in accordance with the applicable law, Trustee may, and in any event at Beneficiary's request shall, postpone any Trustee's sale by public declaration at the time and place noticed for that Trustee's sale, unless otherwise required by applicable law. At any Trustee's sale, Trustee shall sell to the highest bidder at public auction for cash in lawful money of the United States. The Trustee shall execute and deliver to the purchaser or purchasers a deed or deeds conveying the Property being sold without any covenant or warranty whatsoever, express or implied. Any such deed shall be conclusive evidence in favor of purchasers or encumbrancers for value and without notice, that all requirements of law were met relating to the exercise of the power of sale and the Trustee's sale of the Property conveyed by such deed. Knowledge of Trustee shall not be imputed to Beneficiary. At any Trustee's sale, any person, including Trustor, Trustee or Beneficiary, may bid for and acquire the Property or any part of it to the extent permitted by then applicable law. Instead of paying cash for that Property, Beneficiary shall have the benefit of any law permitting credit bids. 13. Assignment of Rents and Leases. Trustor conveys, assigns and transfers to Beneficiary, and grants to Beneficiary a security interest in, as additional security for the Obligations, all leases of all or any part of the Property, whether oral or written, now or hereafter entered into by Trustor, together with any and all extensions and renewals of any leases, and all rents which become or remain due or are paid under any agreement or lease for the use or occupancy of any part or all of the Property. Until the occurrence of an event of default under this Deed of Trust or any Obligation, Trustor has the right to collect the rents, issues and profits (the "Rents") from the Property, but upon or at anytime after the occurrence of such an event of default, and the lapse of any applicable grace, notice or cure period provided by any document evidencing such obligation, Trustor's right to collect the Rents is automatically and immediately terminated and Trustor shall hold all Rents paid to Trustor thereafter in trust for the use and benefit of Beneficiary, and Beneficiary may, at its option, without any further notice, either in person or by agent, with or without taking possession of or entering the Property, with or without bringing any action or proceeding, or by a receiver to be appointed by a court, collect all of the Rents payable under the leases, enforce the payment of the Rents and exercise all of the rights of Trustor under the leases and all of the rights of the Beneficiary under this Deed of Trust. All such payments shall be applied in such manner as Beneficiary determines to payments required under this Deed of Trust and the Obligations. This assignment shall be enforceable and Beneficiary shall be entitled to take any action to enforce the assignment (including notice to the tenants to pay directly to Beneficiary or the commencement of a foreclosure action) without seeking or obtaining the appointment of a receiver or possession of the Property. Any entering upon and taking possession of the Property, any collection of Rents, and any application of Rents as allowed by this Deed of Trust shall not cure or waive any default or waive, modify or affect notice of default under this Deed of Trust or invalidate any act done pursuant to such notice, and shall not in any way operate to prevent Trustee from pursuing any other remedy which it now or hereafter may have under the terms or conditions of this Deed of Trust, any document evidencing any Obligation or any other instrument securing the Obligations. Deed of Trust Page 3 of 4