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`' � � 107411
<br /> (c) All applicable Iaws and regulations, induding,wlthout Iimitation, the M�ericans with Disabilitfes Act, 42 U.S.C. Sectfon 12101 et seq. (and all
<br /> regulaUons promulgated thereunder)and all zoNng and buli�ng laws and regulatfons relating to the Property by vfrtue of any federal,state or munidpal
<br /> authority with jurisdiction ovet the Property. presently are and shall be obaerved and complied with in all material respects.and all rigMs, Iicenses,
<br /> pemits,and certlflcates of occupancy(induding but not Iimited to zoning variances,spedal exceptlons for nonconforming uses,and flnal inspection
<br /> approvals), whether temporary or pem�enem,which are material to the use and oa;upancy of the Properry, preserrtly are and shall be obtained,
<br /> preserved and,where necessary,renewed;
<br /> (d) Grantor has the rigM and is duly authorfzed to execute and perform its Obligatfons under this Deed of Trust and these actions do not and shall not
<br /> conflict with the provisions of any statute,regulaUon,ordinanoe,rule of Iaw,contrad or other agreemeM which may be binding on GraMor at any tirr�s;
<br /> (e) No action or procee�ng is or shall be pending or threatened which might rnsterially effect the Property;and
<br /> (� Grantor has not viotated and shall not violate any statute,regulation,ordinance,rule of law,corrtract w other agreemBnt(induding,but not limited to,
<br /> those goveming Hazardous Materials)which migM rnaterially atfect the Property or Lender's rl a or irrterest in the Pro rsuarn to this Deed of
<br /> Trust.
<br /> 9M PenY P�
<br /> 3. PRIOR DEEDS OF TRUST. Grantor represents and warrarrts that there are no prior deeds of trust affecting any pert of the Property except as set forth
<br /> on Schedule B aitached to this Deed of Trust,which Grantor agrees to pay and pertortn in a timely menner. If there are any prior deeds of trust then
<br /> G►antor agrees to pay all amourrts owed,and perform all odigatlons required,under such deeds of Vust and the indebtedness secured thereby and further
<br /> agrees that a defauR under any prior deed of trust shall be a defauft under thls Deed of Trust and shall errtitle Lender to all rlghts and remedies contained
<br /> herein or in the Obligations to which Lender would be errtkled in the event of any other default.
<br /> 4. TRANSFERS OF THE PROPERTY OR BENEFICIAL INTERESTS IN GRANTOR8 OR BORROWERS. In the everrt of a sale,corneyance,lease,
<br /> cor►tract for deed or transfer to any person of all or any part of the real property described in Schedule A,or any irrterest therein,or of all or any benefidal
<br /> irrterest in Borrower or Grantor(if Borrower or Grantor is not a natural person or persons but is a corporation,Iimited Ilabittry company,partnership,trust,or
<br /> other legal errtity),Lender may,at its option dedare the outstan�ng prindpal balence of the Obllgations plus aocrued irrterest thereon inmediately due and
<br /> payable. At Lender's request,Grantor or Borrower,as the case may be,shell fumish a oomplete statemerrt setting forth all of its stocldiolders,members,or
<br /> partners,as appropriate,and the e�ertt of their respective ownership irrterests.
<br /> 6. ASSIGNMENT OF RENTS. In consideration of the Obiigations,which are secured �this Deed of Trust, Grantor abaolutely assigns to Lender all
<br /> Grantor's estate, rigM, tiUe, iMerest, dalm and demand now owned or hereafter acquired in all existing and future leases of the Properry (induding
<br /> extensions,renewals and subleases),all agreemerrts for use and occupancy of the Property(all such leases and agreemeMs whether written or oral,are
<br /> hereafter referred to as the"Leases"),and ali guaraMies of lessees'performence under the Leases,together with the irm�ediate and corrtinuing rigM to
<br /> collect and recehre all of the rerrts,income,recefpts,revenues,iswes,proflts and other income of any nature now or hereafter due(induding any income of
<br /> any nature coming due during any redemption perlod)under the Leases or from or arising out of the Property induding minimum reMs,additional rems,
<br /> percernage rerrts, parldng or common area meirrtenance corrttibutions, tax and insurance corttributions, deflciency rerrts, liquidateddarr�ages following
<br /> defauh in any Lease, all proceeds payable under any policy of insurance covering loss of rerrts reeulGng from urrtenarrtabilfry caused by destruction or
<br /> dart�age to the Property, all proc�eeds payable as a result of a lessee's exercise of an option to purchase the Property, all proceeds defired from the
<br /> termination or rejection of any Lease in a banlwptcy or other insolvency pro�ding,and all proceeds from any rigMs and daime of any kind which GraMor
<br /> may have agefnst any lessee under the Leasea or any oxupents of the��roperty(all of the above are hereafter collectively referred to as the"Rerrts"). This
<br /> assipnmeM is subject to the rigM,pawer and authoriry�ven to the Lender to collect and epply the Rerrts. This assignment is recorded in axordance wRh
<br /> applTcable state Iaw;the Ilen created by thfs assignment is irrtended to be spedflc,pertected,end choate upon the recording of this Deed of Trust,all as
<br /> provided by applicable state Iaw aa amended from Ume to time. As Iong as there is no defaufl under the Obligations or this Deed of Trust,l.ender grarrts
<br /> Grarrtor a revocable Iicenae to collect all Rerrts from the Leases when due and to use such proceeds In Grarrtor's businesaoperations. However,Lender
<br /> may at any time require Grantor to deposit all Rerrts Irrto an axouM meinteined by 4rerrtor or Lender at Lender's instftution. Upon defauft in the paymerrt
<br /> of,or in the perfom�ance of,any of the Obligations,Lender may at fts option take possession of the Property and have,hold,manage,lease and operate the
<br /> Property on terms and br a period of time that Lender deems proper. Lender may prooaed to collect and receive all Rerrts irom the property,and Lender
<br /> shall have full power to rr�eke aiterations,renovations,repeirs or rep�acemerrta to the Property as Lender may deem proper. Lender may appiy all Rents in
<br /> Lender's sole discxeUon to paymerrt of the Obligations or to the peymerrt of the cost of such alterations,renovations, repeirs and replacemerits and any
<br /> expenses indderrt to taldng and retaining possession of the Property periodl�ily and the managemerrt and operation of the Property. Lender may keep the
<br /> Property properly insured and may�scharge any taxes,ch s,dairr�,assessmerrts and other Ilens which may accrue. The e nse and co
<br /> e►9e st of these
<br /> actions may be paid from the Rerrts received,and any unpaid amourrts shall be added to the prindpel of the Obligations. These�amourrts,together with
<br /> other oosts,shall beoome part of the Obligations secured by this Deed of Trust.
<br /> 6. USE AND IIAAINTENANCE OF PROPERTY. Grantor shall take all actlons and meke any repairs needed to mefMain the Property in good oondition.
<br /> Grantor shall not cormtt or pem�it any waste to be oorrrr�tted with respa;t to the Property. Grantor ahall use the Property solely in compliance with
<br /> applicable Iaw and insuranoe polides. Grantor shall not rneke any atterations,additions or improvemerrts to the Property whhout Lender's prior written
<br /> conserrt. Without limiting the foregoing,all alterations,additlons and imFxovements made to the Property shall be subject to the benefidal irrterest belonging
<br /> to Lender,shall not be rertbved wfthout Lender's prior written conseM,and shall be made at Grantor's sole expense.
<br /> 7. LOSS OR DAMAGE. Gramor shall bear the entire risk of any loss,theft,destruction or dernage(cumulatively"Loss or Damage")to the Properry or any
<br /> portion thereof from any cause whatsoever. In the everrt of any Loss or Damage,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 decxease in the fair rt�erket value of the affected Property.
<br /> 8. INSURANCE. The Property will be kept insured for its full insurable value(replacerr�rrt cost)against all hazards(nduding loss or damage causedby
<br /> flood,earthquake,tomado and flre,theit or other casuatty to the exterrt required by Lender. Grantor may obtain insuranoe on the Property irom such
<br /> companies as are acoeptable to Lender in its sole discretlon. The insuranoe policies shall requlre the insurance company to provide Lender with at least
<br /> 3 0 days'written noUoe before such polides are altered or cancelled in any menner. The insurance poHdes shall name Lender as a loss
<br /> payee an pro that no act or ortlsslon of Grantor or any other person shall affect the rigM of Lender to be peid the insurence prooeeds pertaiNng to the
<br /> loss or dernage of the Property. In the everrt Grantor fails to acquire or malrrtain insurance,Lender(aRer providing notice as may be required by law)may
<br /> in its discretion procureappropriate insurance coverage upon the Property and the insurance cost shall be an advance payable and bearing irtterest as
<br /> described in the "REIMBURSEMENT OF AMOUNTS EXPENDED BY LENDER" paragraph and sea�red hereby. Grantor shall fumish Lender with
<br /> evidence of insuranoe indicating the required ooverage. Lender may act as attomey-in-fact for Grantor in maMng and settlfng daims under insurance
<br /> poI(cies,cancelling any policy or endorsfng Grantor's name on any�aft or negotiable instrument drawn by any insurer. All such insurance polides shall be
<br /> rti imediately assigned,pledged and delivered to Lender as further security for the Obligations. In the everrt of loss,Grarrtor shall irnr�ediately gNe Lender
<br /> written noUce and Lender is authorized to meke proof of loss. Each inaurance company is�rected to meke Qaymerrts directly to Lsnder instead of to
<br /> Lender and GraMor. Lender shall have the rigM, at its sole option,to apply such monies toward the Obligat�ons or toward the cost of rebuilding and
<br /> restoring the Property. My amourrts may at Lender's option be applied in the irnerse order of the due dates thereof.
<br /> 9. ZONING AND PRIVATE COVENANTS. Grantor shall not initiate or conserrt to any change in the zoning provisions or private covenarrts affecting the
<br /> use of the Property without l.ende�'s prior written oonseM. If Grarrtor's use of the Property becorr�s a nonconbm9ng use under any zoning provision,
<br /> Grantor shall not cause or pemit such use to be discwrtinued w abandoned without the prior written conserit of Lender. Grantor will imnediaiely provide
<br /> Lender with written notice of any proposed changes to the zoning provisions or private covenants affecting the Property.
<br /> 10. CONDENMIATION. Grarrtor shali imrnediately provide Lender wfth written notice of any actual or threatened condertnation or eminern domein
<br /> proceeding pertaining to the Property. All monies payable to Grantor from such oondermation or taMng are hereby assigned to Lender and shall be applied
<br /> flrst to the paymern of Lender's attomeys'fees,legal expenses and other costs(induding appraisal fees)in connectlon wfth the condermation or eminerrt
<br /> domefn proceedings and then,at the option of Lender,to the paymerrt of the Obligationa or the restoration or repair of the Property.
<br /> NEDOTH FNv.t?l87
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