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<br /> (c) qll applicable Iaws and reguiations, induding,wfthout Ifmitatbn, the Americans with Disabflities Act, 42 U.S.C. Section 12101 et seq. (and all
<br /> , repulations promulgated thereunder)and all zoning and building�aws and regulatfons relaUng to the Property by virtue of any federal,atate or muNdpal
<br /> a�hhoriiy with�risdction over the Property, presenUy are and shall be observed and wmplied wtth in all material respects,and all rigMs, Ucenses,
<br /> pem�its,and certificates of oxupancy(induding but not Iimited to zoning variances,spadal exceptions for nonconfom�ing uaes,and final inspection
<br /> approvals), whether temporary or permeneM,which are rnaterial to the use and oxupancy of the Properry, preaerrtly are and shall be obtained,
<br /> preaerved and,where necessary.renewed;
<br /> (d) Grantor has the rigM and is duly autho�ized to execute and pertoRn it:Obligation:under this Deed of Tn�st and these ac.Kions do not and shall nat
<br /> conflict wfth the provisions of any statute,regulation,ordinance,rule of law,contract or other a�eemerrt which may be binding on Grarrtor at any time;
<br /> (e) No actton or proceeding is or ahall be pen�ng or threatened whfch migM materially affect the Property;and
<br /> (� Grantor has not violated and shall not violate any statute,regulation,ordinance,rula of law,cormact or other agreemerrt(I�duding,but not Iimited to,
<br /> those govemfng Hazardous Materials)which MgM rt�aterially affect the Property or Lsnder's rigM:or irrterest in the Properry pursuarrt to this Deed of
<br /> Trust.
<br /> 3. PRIOR DEEDS OF TRUST. Grerttor represerrts and warrams that 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 Truat,which Grantor agrees to pay and perform in a timely manner. If there are any prior deeds of uust then
<br /> Grantor agrees to pay all amourrts owed,and perform all obligations rec�ired under such deeds of trust and the indebtedness secured thereby and further
<br /> agrees that a defauR under any prior deed of trust ahall be a default under this Dead of Trust and shall eMitle Lender to all rigMs and remsdies contalned
<br /> herein or in the Obligations to whidi Lender would be errtitled in the event of any other dafauR.
<br /> 4. TRANSFERS OF 7HE PROPERTY OR BENEFICIAL INTERE8TS IN GRANTOR8 OR BORROWERS. In the eveM of a sale,oorneyance,lease,
<br /> cormact for deed or transfer to any person of all or any part of the real property described in Schedule A,or any interest therein,or of all or any benefidal
<br /> irderest in Borrower or Grantor(if Borrower or Grantor is not a natural person or persons but fa a corporation,limited liabiliry cortpany,partnership,trust,or
<br /> other legal errtiry),Lender may,at its option dedare the outstanding prindpel belanoe of the Obligations plus aaxued itrterest thereon immediately due and
<br /> payable. At Lender's request,Grazrtor or Borrower,as the case may be,shall tumish a complete statement setting forth all of its stocidiolders,members,or
<br /> pertners,as appropriate,and the euteM of their respective ownership irrterests.
<br /> 6. A8SIGNMENT OF RENTS. In consideration of the Obligatlons,which are sea�red by this Deed of Truat, Grantor absolutely assigns to Lender all
<br /> Grantor's estate, ri , tftle, iMerest, daim and demand now owned or hereafter acquired in all existing and future leases of the Properry (induding
<br /> eMensions,renew s and subleases),all agreemerrts for use and oxupency of the Property(all such leases and agreemems whether written or oral,are
<br /> hereafter referred to as the"Leases"),and all guararrties of lessees'performance under the Leases,together with the irtrnediate and corrtinufng rigM to
<br /> collect and receive all of the rerrts,income,receipts,revenues,issues,proflts and other income of any nature now or hereafter due(induding any income of
<br /> any nature coming due during any redemption period)under the Leases or from or arising out of the Property indu�ng minimum rems,ad�tional rents,
<br /> de�in9anyMLease�, all9 �proceeds paYable underr any�poli�of ibnsunrarice covering loss of rents resu�in fromeuMenarrtabil�f��da�e s following
<br /> g ity by destruction or
<br /> demage to the Property, all proceeds payable as a resuR of a lessee's exerdse of an optlon to purchase the Properry, all proceeds derived from the
<br /> temiination or rejection of any Lease in a baniwptcy or other insolvency proceeding,and all proceeds from any rigMs and daitr�of any Idnd which Grantor
<br /> may have against any lessee under the Leases or any oocupants of the Property(all of the above are hereafter collectively referred to as the"Rerrts'�. This
<br /> assi�nmerrt is subjed to the rigM,powsr and authority given to the Lender to collect and apply the Rerrta. This assi�mern is reoorded in socordance with
<br /> applicable state law;the Ifen created by this assi�mant is IMended to be apedflc,pertected,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 default under the Obligations or this Deed of Trust,Lender grants
<br /> Grantor a revocable license to collect all Rarrts irom the Leases when due and to use such proceeds in Grarrtor's business operations. However,Lender
<br /> may at any tlrr�require Grantor to deposit all Rents irrto an accourrt meirttained by Grantor or Lender at Lender's instRution. Upon default in the paymerrt
<br /> of,or in the perfomience of,any of the Obligations,Lender may at its option take possession of the Property and have,hold,manage,lease and operate the
<br /> Properry on tertns and for a period of time that Lender deems proper. Lender may prooeed to collect and receive all Rents from the property,and Lender
<br /> shall have full power to mske atteratlons,renovations,repairs or replacemerrts to the Properry as Lender may deem proper. Lender may apply all Rerrts in
<br /> Lsnder's sole disixetion to paymerrt of the Obligations or to the paymeM of the cost of auch alteratfons,renovations, repairs and replacements and any
<br /> expenses indderrt to taldng and retaininp possession of the Properry periodically and the managemerrt and operation of the Property. Lender may keep the
<br /> Property prope�ly insured and may�scharge any taxes,charges,daims,assessmerrts and other liens whicF�may axrue. Tha expense and cost of these
<br /> actions may be peld from the Rerrts received,and any unpaid amourrts shall be added to the principal of the Obligations. These amourrts,together w'rth
<br /> other coats,shall become part of the Obligattons secured by th(s Deed of Trust.
<br /> 6. USE AND MAINTENANCE OF PROPERTY. Grantor shall take all acNons and make any repairs needed to meirrtain the Properry in good condition.
<br /> Grarrtor shall not comr�t or pemit any waate to be cortmitted wfth respect to the Properry. Grar►tor shall use the Property aolely in compliance with
<br /> applicable Iaw and insurance polides. GraMor shall not make any aiteratfons,adc�tions or improvemerrts to the Property without Lenders prior wrftten
<br /> conserrt. Without limiting the foregoing,all alterations,additions and improvemerrts made to the Property shall be subject to the benefidal irrterest belon�ng
<br /> to Lendar,shall not be removed without Lender's prior written conserrt,and ahall be made at Grantor's sole expense.
<br /> 7. LOSS OR DAMAGE. Grantor shall bear the entire risk of any loss,theft,destruction or damage(cumulaUvely"Loss or Damage")to the Property or any
<br /> portion thereof from any cause whatsoever. In the everrt of any Loss or Damage,Grantor shall,at the opRion of Lender,repeir the affected Property to fts
<br /> previous con�tfon or pay or cause to be paid to Lender the decxease in the falr merket value of the affected Property.
<br /> 8. INSURANCE. The Property will be kept insured for fts full inaurable value(replacemerrt cost)agafnst all hazards induding loss or damage caused by
<br /> flood,earthquake,tomado and fire,theR or other casualry to the exterrt requfred by Lender. Grantor may obtain insurance on the Property from such
<br /> companies as are soceptable to Lender in its sole disaetion. The insurance polides shali requfre the inaurance company to provide Lender with at least
<br /> 3 0 days'written notice before such poUdes are altered or cancelled in any menner. The insurance polides ahall name Lender as a loss
<br /> payee an pro that no act or omission of Grantor or any other Qerson shall affect the rigM of Lender to be paid the insurance prooeeds pertalning to the
<br /> loss or damage of the Property. In the everrt Grarrtor fafls to acqwre or maintain insurance,Lender(after providing notice as may be required by law)may
<br /> in fts�scxeUon procureapp�opriate insurance covera upon the Property and the insuranoe cost shall be an advance payable and bearing fMerest as
<br /> evidenoe of fnsuranceMBURS 9M� �ired coverageEXLsnder may act as att mey-i- n-�act fo Grantorrin maWng drsettling daimsmundereinsurance
<br /> poIides,cancelling any policy or endoraing GraMOr's name on any draft or negotiable InaVumerrt drawn by any insurer. All such insurance polides shall be
<br /> Irrrr�ediately assigned,pledged and delivered to Lender as further security for the Obligatlons. In the evem of loss,Grantor shall immediately give Lender
<br /> wrftten notice and Lender is authorized to make proof of loss. Each insurance company(s directed to makepa ymerrts directly to Lender instead of to
<br /> Lender and Grantor. Lender shall have the rigM, ffi its sole option,to epply such mcnies toward the Obligations or toward the cost of rebuUding and
<br /> restoring the PropeRy. Any amourrts may at Lender's option be applied in the irnerse order of the due dates thereof.
<br /> 8. 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 wfthout Lender's prior written conserrt. If Grantor's use of the Property beoomea a nonconfomifng use under any zoning provision,
<br /> Grantor shall not cause or pemit such use to be discorrtinued or abandoned without the prior written conserrt of Lender. Grantor will imrnediately provide
<br /> Lender wfth written notioe of any proposed changes to the zoning provfafons or private oovenants affectlng the Prope►ty.
<br /> 10. CONDEMNA710N. Grantor shall imrr�ediately provide Lender whh wrftten notice of any actual or threatened condermation or eminern domain
<br /> proceeding pertaining to the Properry. All monies payable to Grantor irom such condermation or taldng are hereby assigned to Lender and shall be applied
<br /> first to the payment of Lender's attomeys'fees,legal expenses and other costs(Induc�ng appralsal fees)in connectfon wfth the condertnation or eminent
<br /> domain prooeedings and then,at the option of Lender,to the paymerrt of the Obligatfons or the restoraUon or repair of the Property.
<br /> �oo�a R.�r.��
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