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<br /> ('`) All applicable Iaws and regulations, induding,without Iimitation, the Americans wfth Di:abilities Act, 42 U.S.C. Section 12101 et seq. (and all
<br /> , regulatlons promulgated thereunder)and all zoning and 4ufl�ng Iaws and regulations relating to tha Propeny by virtue of any federal,state or municipal
<br /> authority with jurisdiction over the Property, presernly are and shall be obaarved and complled with In all material respects,and all �IgMs, licenses,
<br /> pemrts,and certi8cates of oocupency(induding but not IiMted to zoning variances,spedal excepliona for nonconforming uses,and flnal inspection
<br /> approvals), whether temporary or pem�anerrt,which are material to the use and oocupsnc�r of the Property, preserrtly are and shall be obtatned,
<br /> preaerved anci,where necesaery.ren�►red;
<br /> (d) Grantor has the rigM and is duly authorized to exearte and perform fts ObligaUons under this Daed of Trust and these actions do not and ahall not
<br /> conflict with the provisions of any statute,regulation,ordinance,rule of law,corrt�act or other agreerTwrrt which may be bindinA on Grarrtor at any Ume;
<br /> (e) No action or proceeding is or shall be pending or threatened which Mght materially affect the Property;and
<br /> (� Grantor has not violated and shall not violate any statute,regulation,on�nance,rula of Iaw,coMract or other agreemerrt(induding,but not limited to,
<br /> those goveming Hazardous Materials)which migM rt�aterially affect the Property or Lender's rigMs or irrterest in the Property pursuarn to this Deed of
<br /> Tn�at.
<br /> 3. PRIOR DEEDS OF TRUST. Grantor represents and warrants that there are no prior deade of trust affecting any pan of the Property except as set forth
<br /> on Schedule 8 attached to this Deed of Trust,which Grarrtor agrees to pay and perfortn In a tfinely menner. If there are any prior deeds of uust then
<br /> Grantor�rees to pay all amourrts owed,and perform all obligations rec�Ired,under such deeds of uust and the indebtedness secured thereby and further
<br /> agrees that a defauR under any prlor deed of trust ahall be a default under this Deed of Trust and shall errt�le Lender to all rights and remedies cornained
<br /> herein or in the Obligations to wh(ch Lender would be eMRled in the everrt of any other default.
<br /> 4. TRANSFERS OF 7HE PROPERTY OR BENEFICIAL INTERESTS IN GRANTORS OR BORROWERS. In the event of a sale,corneyance,lease,
<br /> contract 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 benefiaal
<br /> iMerest in Borrower or Grantor(if Borrower or Grantor is not a natural person or persons but fs a corporation,limited tiabiliry oompany,partnership,trust,or
<br /> other legal eMiry) Lender may,at its option dedare the outstanding prindpal balance of the Obligations plus accrued irrterest thereon irrrr�ediately 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 fts stocl�olders,members,or
<br /> partners,as appropriate,and the exterrt of their respective ownership iMerests.
<br /> S. ASSIGNMENT OF RENTS. In consideration of the Obligations,which are secured by this Deed of Trust, Graritor absolutely assigns to Lender all
<br /> Grantor's estate, rigM, tftle, irrterest, dalm and demand now owned or hereafter ac�ired in ell extsting and future leases of the Property (induding
<br /> extensions,renewals and subleases),all agreemerrts for use and oxupancy of the Property(all such leasec and agreements whether written or oral,are
<br /> hereafter referred to as the"Leases"),and allgu arantfes of lessees'performance under the Leases,topether with the irtrnediate and corrtinuing right to
<br /> collect and reoeive all of the rerrts,income,receipts,revenues,issues,proflts and other Income of any nature now or hereaher due(induding any inoorne of
<br /> any nature coming due during any redemption period)under the Leases or from or ar(sing out of the Properry induding minimum rerrts,additional rerrts,
<br /> perceMage rerrts, parldng or common area msirrtenance contribuUons, tax and inwrance corrtributions, defldency rerrts, Iiquidateddart�ages following
<br /> default in any Lease, all proceeds payable under any policy of fnsurance covering loss of rerns resufting from untenarrtabiliry caused �y destructlon or
<br /> darr�age to the Property, all proceeds payable as a resuR of a lessee's exerase of an option to purchase the Property, all proceeds derived irom the
<br /> temiination or rejection of any Lease in a banlwptcy or other insobency procoeeding,and ell proceeds irom any�igMs and dalms of any kind which Grantor
<br /> may have against any lessee under the Leases or any oa;upants of the Property(all of the above are hereafter colfectively referred to as the"Rerrts'�. This
<br /> assignmerrt ls subject to the rigM,power and authority given to the Lender to collect and apply the Rerns. This assignment is reoorded in acoordance with
<br /> applicable state Iaw;the lien created by this assignrr�rrt is irrtended to be spedBc,pertected,and choate upon the recordtng of this Deed of Trust,all as
<br /> provided by applicable state Iaw es amended from time to time. As lon9 as there is no default under the Obligations or this Deed of Trust,Lender grarns
<br /> Grantor a revocable Iicense to collect all Rerrts irom the Leases when due and to use such{xoceeds in Grantor's business operations. However,Lender
<br /> may at any time require Gramor to depostt all Rerrts irrto an accourrt malntained by Grantor or Lender at Lender's institutlon. Upon defauft in the paymer►t
<br /> of,or in the perfom�ance of,any of the OblfgaUons,Lender may at its option take possession of the Property and have,hold,manage,lease and operate the
<br /> Properly on terms and for a period of tirr�thai Lender deems proper. Lender may proceed to collect and receive all Rerrts from the property,and Lender
<br /> shail have full power to rnake alterations,renovatfons,repairs or replacemerrts to the Properry as Lender mey deem proper. Lender may apply all Rents in
<br /> Lender's sole discretion to paymerrt of the Obligatlons or to the paymerrt of the cost of such alterations,renovations, repairs and replaoemerrts and any
<br /> expenses inciderrt to taldng and retaininp possesslon of the Property perioc�Cally and the managemerrt and operation of the Property. Lender may keep the
<br /> Property properly insured and may dischsrge any taxes,charges,daime,asaessmerrts and other liens which may aaxue. The expense and cost of these
<br /> acdons may be peid from the Rerrts received,and any unpaid amouMc chall be added to the prinapal of the Obligations. These amoums,together with
<br /> other costs,shall become part of the Obligations secured by this Deed of Trust.
<br /> 6. USE AND MAINTENANCE OF PROPERTY. Grantor shall take all actions and make any repairs needed to maintain the Properry in good condition.
<br /> Grantor shall not corm�tt or pem3t any waste to be cormitted with respect to the Property. Grarrtor shall use the Property solely in complfance with
<br /> applicade law and i�surance potiaes. Grantor shall not make any atterations,additions or improvemerrts to the Property without Lender's prlor written
<br /> consent. Without limiting the foregoing,all alterations,add�ions and improvemerrts made to the Property shall be subject to the benefldal irrterest belon�ng
<br /> to Lender,shall not be removed wfthout Lender's prior written conserrt,and�hall be mada at Grentor's sola expense.
<br /> 7. LOSS OR DAMAGE. Grantor shall bear the errtire risk of any loss,theR,destruction or damage(cumulatNely"Loss or Damage")to the Property or any
<br /> portfon thereof from any cause whatsoever. In the everrt of any Loss or Damage,Grantor shall,at the option of Lender,repair the affected Property to fts
<br /> previous condition or pay or cause to be paid to Lender the decrease in the falr market value of the affected Property.
<br /> 8. INSURANCE. The Property will be kept insured for its full insurable value(replacemeM cost)agalnst all hazards induding loss or damage caused by
<br /> flood,eard�quake,tomado and fire, theft or other casuatty to the exterrt required by Lender. Grantor may obtain insurance on the Property from such
<br /> oornpanies as are axeptable to Lender in its sole�scxetion. The insurance polides ahall require the insuranoe company to provide Lender with at least
<br /> 3 0 days'written notice before such polides are aftered or cancelled in any manner. The insurance policies shall name Lender as a loss
<br /> payee an pro that no act or omisaion of Grantor or any other person shall affect the right of Lender to be paid the insurance proceeds pertaiNng to the
<br /> loss or damage of the Properry. In the everrt Grarrtor fails to acquire or mafntafn insurance,Lender(aRer providing notice as may be requfred by law)may
<br /> in its discretlon procure appropriate insurance coverage upon the Property and the insurance cost shall be an advance payable and bearing frrterest as
<br /> desafbed in the "REIMBURSEMENT OF AMOUNTS EXPENDED BY LENDER" paragraph and secured hereby. Grantor shall fumish Lender with
<br /> evidence of insurance indicating the required ooverage. Lender may act as attomey-in-fact for Grantor in meldng and settling daims under (nsurance
<br /> polides,cancelling any policy or endorsing Grarrtor's name on any draft or negotiable instrumerrt drawn by any insurer. All such insurance poliaes shali be
<br /> imr�ediately assigned,pledged and delbered to Lender as further secu�ity br the Obligations. In the everrt of loss,Grantor shall inmediately give Lender
<br /> wrttten notice and Lender is authorized to make proof of loss. Each insuranoe company is directed to mekepa ymerrts directly to Lender instead of to
<br /> Lender and Grantor. Lender shall have the rigM, at fts sole option,to apply such monies toward the Obllgations or toward the cost of rebuilding and
<br /> restoring the Property. My amourrts may at Lender'c optfon be applied in the irnerse order of the due dates thereof.
<br /> 9. 20NING AND PRIVATE COVENANTS. Grarrtor shall not inftiate or consent to any change in the zoning provisions or private covenarrts affecting the
<br /> use of the Property wfthout Lender's prior wrftten conserit. If Grantor's use of the Property becomes a nonconforming use under any zoning provision.
<br /> Grantor shall not cause or pemit such use to be discontinued or abandoned without the prbr wrftten conaent of Lender. Grantor will irm�ediately provide
<br /> Lender with written notioe of any proposed changes to the zoning provisiona or private covenants affecUng the Property.
<br /> 10. CONDEMNA710N. Grarrtor shall lmnediately provide Lender with wrftten no�ce of any actual or threatened condermation or eminerrt domain
<br /> proceeding pertaining to the Properry. All monles payable to Grantor from such condermation or taldng are hereby assigned to Lender and shall be applied
<br /> flrsl to the paymerrt of Lender's attomeys'fees,legal expenses and other costs(fndu�ng appralsal fees)f�connection wfth the condermatfon or eminerrt
<br /> domain prooeedings and then,at the option of Lender,to the paymerrt of the Obifgations or the restoration or repair of the Property.
<br /> NEDOTB Ra.t?/87
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