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<br /> (c) All applicable Iaws and regulations, induding,without Iimita�on, the Americans with DisabilRfes Act, 42 U.S.C. Sectlon 12101 et seq. (and all
<br /> regulatfona promutgated thereunder)and all zoning and bulidfng Iawa and regulations relating to the Property by virtue of any federal,state or munidpal
<br /> autho�ity wRh jurisdiction over the Properly, preseMly are and shall be obaerved and complied wfth in all mate�lal respects,and all rigMs, Iicenses,
<br /> pem�ts,and certiflcates of oxupency(induding but not limited to zoning variances,spedal exceptions for nonconfoming uses,and final inspection
<br /> approvals), whether temporary or pem�enerrt,which are material to the use and occupency of the Property, presently are and shall be obtained,
<br /> preserved and�where necessary,renewed:
<br /> (d) Grarnor has the rigM and la duly authorized to e�a�te and perfortn fta Obligatlons under this Dead of Trust and these actlons do not and shall not
<br /> conflict wfth the provisions of any stetute,regulaUon,ordinance,rule of Iaw,comract or othar agreemarrt which may be bfnding on Grarttor at any�me;
<br /> (e) No action or prooBeding is or shsll be pending or threatened which migM rtBterially affect the Property;and
<br /> (� Grantor has not violated and ahall not violate any statute,regulation,ordinance,rula of law,contract or other agreemerrt(indudfng,but not limited to,
<br /> those goveming Hazardous Materials)whfch rtight rnaterially affect the Property or Lendar'a rights or interest in the Property pursuarrt to this Deed of
<br /> Truat.
<br /> 3. PRIOR DEEDS OF TRUST. Grantor represerrts and werrants that there are no prfor daeds of trust affecting any part of the Properry except as set forth
<br /> on Schedule B attached to this Deed of Trust,whfch Grantor agrees to pa and perfortn in a timely menner. If there are any prior deeds of trust then
<br /> Grarrtor a�ees to pay all amourrts owed,and perform all obligations recp�i�under such deeds of trust and the indebtedness secured thereby and further
<br /> agrees that a default under any prior deed of trust shail be a defauR undar this Deed of Trust and shall errtitle Lender to all rigMs snd remedies contained
<br /> herein or in the Obligations to which Lender would be errtitled in the everrt of any other default.
<br /> 4. TRANSFERS OF THE PROPERTY OR BENEFICIAL INTERESTS IN GRANTORS OR BORROWERS. In the event of a sale,conveyance,lease,
<br /> corrtract for deed or transfer to any person of all or any part of the real property described in Schedule A,or any lMerest therein,or of all or any benefldal
<br /> irrterest fn Bo�ver or Grantor(if Borrower or Grantor is not a natural person or persons bu1 is a co�ration,limited Ilabiliry company,partnership,trust,or
<br /> other legal eMiry),Lender may,et fts option dedare the outstanding�xindpel balance of the Obligation:plus aoaued irrterest thereon irtmediately due and
<br /> payable. At Lender's request,Grantor or Borrower,as the case may be,shall fumish a complete statemerrt setting forth all of its stocldiolders,members,or
<br /> partners,as appropriate,and the exterri of their respective ownership irrtereats.
<br /> S. ASSIGNAAENT OF RENTS. In consideration of the ObligaUons,whk;h are secured by this Deed of Trust, Grantor absolutely assigns to Lender all
<br /> Grantor's estate, rigM, title, interest, daim and demend now owned or hereatter acqulred in all existing and iuture leases of the Property (induding
<br /> extensions,renewals and subieases),all agreemerrts for use and oxupency of the Property(all such leases and agreemerrts whether wrttten or oral,are
<br /> hereafter referred to as the"Lsases"),and all s of lessees'pertom�ence under the Leases,together with the irm�ate and corrtinufng rigM to
<br /> cdlect and receive a�l of the rerrts,income, pts,revenues,issues,proflts and other income of any nature now or hereafter due(indu�ng any income of
<br /> any nature coming due during any redemptfon perlod)under the Leaaes or irom or arising out of the Properry induding minimum rerrts,additional rerns,
<br /> percerrtage rents, peridng or common area meirrtenance cornributions,tax and insurence oormibudons, defldency rerrta, Iiquidated dartieAes foliowing
<br /> defauit in any Lease, all prooeeds payable under any policy of insurance covering loss of rerrts resuhing from utrienarrtabi0ry causedby destruction or
<br /> dert�age to the Property, ali proceeds payable as a result of a lessee's exe�cise of an op�ion to purchase the Properry, all proceeds derived from the
<br /> temiination or rejection of any Lease in a banlwptcy or other insolvency proceeding,and all proceeds from any�IgMs and dalms of any Idnd which Grantor
<br /> ma havea�aInst any lessee under the Leases or any oxupants of the Property(all of the alwve are hereafter collectively referred to as the"Rerrts"). This
<br /> �ment�is subject to the rigM,power and authority�ven to the Lend�to collect and apply the Rerrts. This assi�merrt is reoorded in axordenoe with
<br /> applTcable state law;the lien aeated by this aasignmant is irrtended to be:pedflc,perfectad,and choate upon the recording of this Deed of Trust,all as
<br /> provided by applicable state Iaw as amended from Ume to time. As long as there is no defauR under the Obligatlons or this Deed of Trust,Lender grants
<br /> C,,rentor a revocable Iloense to cdlect all Rerrts from the Leasea when due and to use such proceeds in Grantor's businessoperations. However,Lender
<br /> may at any�me require Grantor to deposit all Rerrts irrto an acoouM meirttained by Grantor or Lender at Lender's institution. Upon defauR in the paymerrt
<br /> of,or fn the performance of,any of the Obligations,Lender may at its option take possession of the Property and have,hold,manage,lease and operate the
<br /> Prope�y on tem�s and for a period of Ume that Lender deems proper. Lender may proceed to collect and receive all Rems irom the properry,and Lender
<br /> shail have full power to rr�eke alterations,renovaUona,repairs or replacemerrta to the Property as Lender may deem proper. Lender may apply all Rerrts in
<br /> Lender's sole�scretion to payrneM of the Obligations or to the paymerrt of the cost of such alteralfons,renovations, repefrs and replacemerrts and any
<br /> expenses inciderrt to taldng and retainfng possession of the Property periodkelly and the menagemeM and operation of the Property. Lender may keep the
<br /> properry properly insured and may�scharge any taxes,charges,daime,assessments and other Ilens which may aaxue. Tha expense and cost of these
<br /> actions may be peid from the Rerrts reoeived,and any unpaid amourrts shall be added to the prindpal of the Obligations. These amcunts,together with
<br /> other costs,shall beoome pert of the ObligaUons secured by this Deed of Trust.
<br /> e. USE AND MAINTENANCE OF PROPERTY. Grentor shall tak�e all actions and make any repai�neaded to meirrtain the Property in good condition.
<br /> Grarrtor shall not oommit or pemit any waste to be committed wtth re:pact to the Proparty. Grantor:hell u�the Property solely in complianoe wfth
<br /> applicable Iaw and insurance polides. Grantor shall not make any etteratbns,ad�dons or improvemerrts to the Propertq w(thout Lender's prior wrftten
<br /> oonsern. W�Fwut Iimiting the foregoing,all alterations,ad�tions and improvemeMs made to the Property shall be subject to the benefldal irrterest belonging
<br /> to Lender,shall not be removed wfthout Lender's prior written conaer�t,and ahall be made at Orantor's sole expense.
<br /> 7, LOS8 OR DAMAGE. Grantor shall bear the errtire risk of any loss,theft,destructfon or dertBge(cumulatNely"Loss or Damage")to the Property or any
<br /> portbn thereof from any cause whatsoever. In the everrt of any Loss or Darnape,Grantor shall,at the option of Lender,repeir the affected Property to Rs
<br /> previous condition or pay or cause to be paid to Lender the decrease In the falr merket value of the affected Properry.
<br /> 8. IN8URANCE The Property will be kept insured for fts full insurable velue(replacement cost)agalnat all hazards induding loss or damage caused
<br /> flood,earthquake,tomado and flre,theft or other casualry to the exterrt required by Lender. Grantor may obtain insurance on the Property from su
<br /> companies as are axeptable to Lender in its sole�s�xetion. The insurance polides shall require the insurance compeny to provide Lender wfth at least
<br /> 3 0 days'written notice before such polides are altered or cancelled in any menner. The insurance pofldes shall name Lender as a loss
<br /> payee an pro that no act or omission of Grarrtor or any other person shall affect the rigM of Lender to be paid the insuranoe proceeds pertaining to the
<br /> Ioss or damege of the Property. In the eveM Grarrtor falis to acquire or meintain insurance,Lender(after providing notioe as may be requfred by Iaw)may
<br /> denssai�be�i ��the�"REIMBURSE ENT OrF AMOUNTS EXPENDED BY�L.ENDER"ipne�ra��ra�ph andssecured hereby. Gr�ariytor shall fumish Lender with
<br /> evidence of insurance in�ng the required coverage. Lender may act as attomey-in-- { -r� for Grantor in meldng and settling daims under insurance
<br /> poIides,cancelling any policy or endorsing Grantor's name on any drait or negotiable instrumerrt drawn by any insurer. All such insurance polides shall be
<br /> rtl rnediately assi�ed,pledged and delivered to Lender as further security for the ObiigaUons. In the everrt of loss,Grantor shall imrnediately give Lender
<br /> lW.e�nder nand Grantore Lender s�I�ha�vetthe ��its sole optfo�n,�to apply �les t ard�the IObI gatlons o ntoward the cost of rebuilding�and
<br /> restoring the Property. My amourrts may at Lender's oplion be applied In the irnerse order of the due dates thereof.
<br /> �. 20NING AND PRIVATE COVENANTS. Grantor shall not inidate or consetrt to any change in the zoning provisions or private covenants affecting the
<br /> use of the Property without Lender's prior written consent. If Grantor's use of the Properry becomes a nonconforMng use under any zoning provision,
<br /> Grantor shall not cause or pemit such use to be discorrtinued or abandoned without the�xior written conseM of Lender. Grantor will irtYr�ediately provide
<br /> Lender with wrttten notice of any proposed changes to the zoning provisions or private covanarrts affecGng the Property.
<br /> 10. CONDEAANATION. Grar►tor shall imrnediately provfde Lender with written noUoe of any actual or threatened oondermation or eminerrt domain
<br /> proceeding pertaining to the Property. All monles payable to Grantor from such condermation or taldng are hereby assigned to Lender and shall be applled
<br /> flrst to the paymeM of Lender's attomeys'fees,legal expenses and other costa(induding appraisal fees)in connectlon with the condermation or eminerrt
<br /> domain proceedings and then,at the optlon of Lender,to the paymerrt of the Obliga�ons or the restoration or repair of the Property.
<br /> NEDOlB Fi�v.1�87
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