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"Trustee "). <br />ly Forty -Two' <br />View Fitch A <br />I Feet of Lot' <br />IClary ")' <br />erred to <br />mnefit of <br />Ain-0 or <br />x9er in lts discretion may loan to Borrower, together with all interest thereon. <br />ently assigns to gender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, tine, and interest in and to all present <br />3ases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial Code security <br />e Personal Property and Rents. <br />OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE REFI'T'S AND PERSONAL <br />tS GIVEN TO SECURE' (A) PAYMENT OF THE INDEBTEDNESS AND (S) PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />NOiE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE <br />G TERMS' <br />REPRESENTATIONS AND WARRANTIES. Trustor warrants that:', (a) this Deed of Trust is executed at Borrower's request and not <br />st of Lender, (b) Trustor has the full power, right, and authority to enter into this Deed' of Trust and to hypothecate the Property; (c) <br />is of this Deed of Trust do not conflict with, or result in a default under any agreement' or other instrument binding upon Trustor and <br />t in a violation of any law, regulation, court decree or order', applicable to Trustor; (d) Trustor has established' adequate means of <br />m Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no representation to <br />it Borrower (Including without limitation the creditworthiness of Borrower). <br />I WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti - deficiency" law, or any other law <br />revent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise entitled to a <br />iclency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of <br />4ND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay, to Lender all Indebtedness secured by <br />Trust as it becomes due, and Borrower and Trustor shall strictly perform all their respective obligations under the Note, this Deed of <br />to Related Documents. <br />)N AND (MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor s possession and use of <br />shall be governed by the following provisions: <br />:lion and Use. until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property; (2) <br />ierate or manage the Property; and (3) collect the Rents from the Property. <br />Maintain. Trustor shall'm>alrMin the Property in good condition and promptly perform all repairs, replacements, and maintenance <br />ary to preserve its value. <br />lance With Environmental Laws. Trustor represents and warrants to Lender that: (f) During the period of TrustcWs ownership of <br />party, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous <br />nee by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe that there has been, <br />as previously disclosed to and acknowledged by tender in writing, (a) any breach or violation of any Environmental Laws, (b) any <br />ineration, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, abut or <br />e Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any <br />relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor <br />iant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any <br />ous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable <br />