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<br /> (c) All applicable Iaws gnd regulations, induding,without limitation, the Americans with Disabilfties Act, 42 U.S.C. Section 12101 et seq. (and all
<br /> -regulations�romulgated thereunder)and all zoning and building laws and regulations rela4ing to the Property by virtue of any federal,state or municipal
<br /> authority with jurisdiction over the Property, preserrtly are and shall be observed and complied with in all material respects, and all rights, licenses,
<br /> permits, and certificates of occupancy(including but not limited to zoning variances, special exceptions for nonconforming uses,and final inspection
<br /> approvals), whether temporary or permanent, which are material to the use and occupancy of the Property, presently are and shall be obtained,
<br /> preserved and,where necessary,renewed;
<br /> (d) Grantor has the right and is duly authorized to execute and perform its Obligations ur�der this Deed of Trust and these actions do not and shall not
<br /> conflict with the provisions of any statute,regulation,ordinance,rule of law,contraci or otlier agreement which may be binding on Grantor at any time;
<br /> (e) No action or proceeding is or shall be pending or threatened which might materially affect the Property;and
<br /> (f) Grantor has not violated and shall not violate any statute,regulation,ordinance,rule of law,contract or other agreement(including,but not limited to,
<br /> those governing Hazardous Materiais)which might materially affect the Property or Lender's rights or interest in the Property pursuant to ihis Deed of
<br /> Trust. �
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<br /> 3. PRIOR DEEDS OF TRUST. Grantor represents and warrants ihat there are no prior deeds of trust affecting any part of the Property except as set forth
<br /> on Schedule B attached to this Deed of Trust,which Grantor agrees to pay and perform ih a timely manner. If there are any prior deeds of trust then
<br /> Grantor agrees to pay all amounts owed,and perform all obligations required,under such d�eds of trust and the indebtedness secured thereby and further
<br /> agrees that a defauh under any prior deed of trust shall be a default under this Deed of Tru�t and shall entitle Lender to all rights and remedies contained
<br /> herein or in the Obligations to which Lender would be entitled in the event of any other default.
<br /> 4. TRANSFERS OF THE PROPERTY OR BENEFICIAL INTERESTS IN GRANTORS O�i BORROWERS. In the event of a sale,conveyance, lease,
<br /> cornract for deed or transfer to any person of all or any part of the real property described in Schedule A,or any interest therein,a of all or any benefiaal
<br /> interest in Borrower or Granta(if Borrower or C3rarnor is not a natural person or persons buy ia a oorporation,Iimited Ilabflity compeny,partnership,trust,or
<br /> other legal errtiry) Lender may,at its option dedare the outstanc�ng p�indpal belanoe of the}�bligettons plus aocrued lrrte►est thereon irrmediately due and
<br /> payable. At Lender's request,Grantor or Borrower,as the case may be,ahall fumish a com�lete statement setting forth all of ita stod�olders,members,or
<br /> partners,as appropriate,and the extent of their respective ownership interests.
<br /> 5. ASSIGNMENT OF RENTS. In consideration of the Obligations, which are secured by this Deed of Trust, Grantor absolutely assigns to Lender all
<br /> Grantor's estate, right, title, interest, claim and demand now owned or hereafter acquired in all existing and future leases of the Property (including
<br /> extensions,renewals and subleases),all agreements for use and occupancy of the Propert�(all such leases and agreements whether written or oral,are
<br /> hereafter refeRed to as the"Leases"),and all guaranties of lessees'perfomiance under the Leases,together with the imrnediate and continuing right io
<br /> collect and receive all of the reMs,income,receipts,revenues,issues,profits and other incor}ie of any nature now or hereafter due(including any income of
<br /> any nature�rting due during any redemption period)under the Leases or from or arisingjout of the Property including minimum rents,additional renls,
<br /> percentage rems, parking or corrmon area maintenance corrtrilwtions, tax and insurance;contributions, deficiency rents, liquidated damages following
<br /> defauN in any Lease, all proceeds payable under any policy of insurance covering loss oP,rents resulting from untenantabiliry caused by destruction or
<br /> damage to the Property, all proceeds payable as a resuft of a lessee's exerase of an oE#tion to purchase the Property, all proceeds derived from the
<br /> termination or rejection of any Lease in a bankruplcy or other insolvency proceeding,and all s from any rights and daims of any kind which Grantor
<br /> may have against any lessee under the Leases or any occupants of the Property(all of the ve are hereafter collectively referred to as the"Rents"). This
<br /> assignment is subject to the right,power and authority given to the Lender to collect and y the Rents. This assignmerrt is recorded in accordance with
<br /> applicable state law;the lien created by this assignment is intended to be speafic, perfecteld,and choate upon the recording of this Deed of Trust,all as
<br /> provided by applicable state law as amended from time to time. As long as there is no def�uh under the Obligations or this Deed of Trust, Lender grants
<br /> Grantor a revocable license to collect all Rents from the Leases when due and to use suchi proceeds in Grarrtor's business operations. However,Lender
<br /> may at any time require Grantor to deposit all Rents into an account maintained by Grantor ior Lender at Lender's institution. Upon default in ihe payment
<br /> of,or in the performance of,any of the Obligations,Lender may at its option take possession iof the Property and have,hold,manage,lease and operate the
<br /> Property on terms and for a period of time that Lender deems proper. Lender may proceedj to collect and receive all Rents from the property,and Lender
<br /> shall have full power to make alterations,renovations,repairs or replacements to the Property as Lender may deem proper. Lender may apply all Rents in
<br /> Lender's sole discretion to payment of the Obligations or to the payment of the cost of such alterations, renovations, repairs and repiacements and any
<br /> expenses incident to taking and retaining possession of the Property periodically and the management and operation of the Property. Lender may keep the
<br /> Property properly insured and may discharge any taxes,charges,claims,assessments and iother liens which may accrue. The expense and cost of these
<br /> actions may be paid from the Rents received,and any unpaid amourrts shall be added to the principal of the Obligations. These amounts,together with
<br /> other oosts,shall become part of the Obligations secured by this Deed of Trust. ;
<br /> 8. USE AND MAINTENANCE OF PROPERTY. Grarrtor shall take all actions and make�ny repairs needed to maintain the Property in good condition.
<br /> GraMor shall not cortmit or pemit any waste to be conmitted with respect to the Propetty. Grantor shall use the Property solely in compliance whh
<br /> appifcable law and inaurance polides. GraMor shall not rnake any alterations,additions o�fmprovemerrts to the Property wfthout Lender's prior written I
<br /> cansern. 1NNhout Ifmiting the foregoing,all aiterations,addRions and improvemerrts made to 1he Property shall be subject to the beneflcial interest belonging
<br /> to Lender,shall not be removed without Lender's prior wntten consent,and shall be made at Grantor's sole expense.
<br /> 7. LOSS OR DAMAGE. Grantor shall bear the entire risk of any loss,thefl,destruction or dpmage(cumulatively"Loss or Damage")to the Property or any
<br /> portion thereof from any cause whatsoever. In the event of any Loss or Damage,Grantor�hall,at the option of Lender,repair the affected Property to its
<br /> previous condition or pay or cause to be paid to Lender the decrease in the fair market value bf the affected Property.
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<br /> 8. INSURANCE. The Property will be kept insured for its full insurable value(replacement;cost)against all hazards including loss or damage caused by
<br /> flood, earthquake, tomado and fire, theft or other casualty to the extent required by Lend�r. Grantor may obtain insurance on the Property from such
<br /> companies as are ac;ceptable to Lender in its sole discretion. The insurance poliaes shall re¢�uire the insurance company to provide Lender with at least
<br /> 30 days'written notice before such poliaes are altered or cancelled in any�manner. The insurance policies shall name Lender as a loss
<br /> payee an prov� that no act or omission of Grantor or any other person shall affect the rigM of Lender to be paid the insurance proceeds pertaining to the
<br /> loss or damage of the Property. In the event Grantor fails to acquire or maintain insurance,�ender(after providing notice as may be required by law)may
<br /> in its discretion procure appropriate insurance coverage upon the Property and the insurar►ce cost shall be an advance payable and bearing interest as
<br /> described in the "REIMBURSEMENT OF AMOUNTS EXPENDED BY LENDER" paragrpph and secured hereby. Grantor shall fumish Lender with
<br /> evidence of insurance indicating the required coverage. Lender may act as attomey-in-farct for Grantor in making and seriling claims under insurance
<br /> poliaes,cancelling any policy or endorsing Grantor's name on any draft or negotiable instrur�hent drawn by any insurer. All such insurance policies shall be
<br /> irmiediately assigned,pledged and delivered to Lender as further security for the Obligations. In the event of loss,Grantor shall irmiediately give Lender
<br /> written notice and Lender is authorized to make proof of loss. Each insurance company i5 directed to make payments directly to Lender instead of to
<br /> Lender and Grantor. Lender shall have the right, at its sole option, to apply such monie�toward the Obligations or toward the cost of rebuilding and
<br /> restoring the Property. Any amounts may at Lender's option be applied in the inverse order of the due dates thereof.
<br /> 9. ZONING AND PRIVATE COVENANTS. Grantor shall not initiate or consent to any chajige 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 Property becomes a nonconforming use under any zoning provision,
<br /> Grarrtor shall not cause or permit such use to be discontinued or abandoned without the prior written consent of Lender. Grantor will immediately provide
<br /> Lender with written notice of any proposed changes io the zoning provisions or private coven�nts affecting the Property.
<br /> 10. CONDEMNATION. Grantor shall irrmediately provide Lender with written notice of�any actual or threatened condemnation or err�nent domain
<br /> proceeding pertaining to the Property. All monies payable to Grantor from such conderrmatiqn or taking are hereby assigned to Lender and shall be applied
<br /> first to the payment of Lender's attorneys'fees,legal expenses and other costs(including appraisal fees)in connection with the condemnation or eminent
<br /> domain proceedings and then,at the option of Lender,to the payment of the Obligations or the restoration or repair of the Property.
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<br /> NEDOTB Rev.12/97
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