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<br /> �c) All applicable laws and regulations, including, without limitation, the Americans with Disabilities Act, 42 U.S.C. Section 12101 et seq. (and all
<br /> regulations promulgated thereunder)and alt zoning and building laws and regulations relating to the Property by viAue of any federat,state or municipal
<br /> authority with jurisdiction over the Property, presently are and shall be observed and complied with in all malerial respects, and all rights, licenses,
<br /> permits, and certificates of occupancy(including but not limited to zoning variances,sPecia�e o�p�e Pro�r rt n�esen In a e and shal'I be�obained,
<br /> approvals), whether temporary or permanent,which are material to ihe use and occupan Y PQ Y� P y
<br /> preserved and,where necessary,renewed;
<br /> (d) Grantor has the right and is duly authorized to execute and perform its Obligations under this Deed of Trust and these actions do not and sha not
<br /> conflict with the provisions of any statute,regulation,ordinance,ru�e of law,coMract or other agreement which may be binding on Grantor at any time;
<br /> (e) No action or proceeding is or shail be pending or threatened which might materially affect the Properly;and
<br /> (f) Granivern ns nHazardous Ma erials)whichamightymatentally�ffect he Pr�operty�or Lendea's rightsrorlinteresirin9he Pronperty purs antut nthis Deedlof
<br /> ihose go 9
<br /> Trust.
<br /> 3. PRIOR DEB Dtt�h dRo Sh s Deed of rTpust which G antornagreestto rpayrand perfor�mensa fimely amanner9.alfihe e areh anyr pr�'io�r deedsPof trust then
<br /> on Schedule
<br /> Grantor aat a default unlder any tpriuWdeed of trus�shall be a9default under his Deed of Tr�st andfshall emalehLendebtodall r'ghts and remed es conta d
<br /> agrees th
<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�af he eals lo rtR des�bed i RSchedue AEor any inteeest the efin,oalof ai�or any beneficial
<br /> contract for deed or transfer to any person of all or any part Pr Pe Y n rtnershi trust,or
<br /> interest in Borrower or Grantor(if Borrower or Grantor is not a natural person o�r��of t etObligati os plus accruedl in elre t he�reon irt�xnediately due and
<br /> other legal entity),Lender may,at its option declare the outstanding prinapal
<br /> payable. At Lender's request,Grantor or Borrower,as the case rrmY be,shall furnish a complete statement setting forth all of its stockholders,members,or
<br /> partners,as appropriate,and the extent of their respective ownership interests.
<br /> 5. ASSIG@MEe T'OF REQ Tnterestcclaimeand demand�nolwaolwned or�chereafterCacquibedth�s Deed on9rand utre�l asesUOfltheSP9operty (encuding
<br /> Grantor's . 9
<br /> extensiof�eferredtos as he"Lleases,),aand all guarant esUOf les ee�performance unrdep the(Lela esh togethea w thg he imrried atetand continu ng r ght to
<br /> hereafle
<br /> collecl and receive ali of the rents,income,re c e i p t s,r e v e n u e s,i s s u e s,p r o f i t s a n d o t h e r income of an y nature now or hereafter due(including any income o
<br /> �y n�tare lents9 d rking or9conmmonea ea rna�ntenan corntr butionsstaxfand nrsuran� coniributions,deflc ency rents, liqu dated tdamages follow ng
<br /> perce ge Pa
<br /> default in any Lease, all proceeds paY�abledas a resuftCOf�a lesusee'exe cise of an optionttorpurcthaserthe P oepert,�alltproceeds dervedrfrom the
<br /> darrrage to the Property, all proceeds pay
<br /> temination or rejection of any Lease in a bankruptcy or other��ts of the Pro�rtdl al of he'ab�ove ar�e hereafter r.ro911ect vely referred onas t�he Rent")r This
<br /> may have against any lessee under ihe Leases or any ocouPan Pa Y�
<br /> assign�b�stateUaw�the f nrcreated by this as gnr�nent is int nded todbe specif cctperf��yandchoate upo�nthegrecording of th seDeed ofTru t alWas
<br /> a
<br /> prPovided 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 /> Granatran r ti�me elqui e Grantort'o depo R all Rents nto an accountemainta ned by Grantor or Leder at Lender's institution.�U�pon�default in he payment
<br /> �Y Y
<br /> Pro r�rty onPerms and fo�a periodtof time��9th2atLender deems prope�PLender rr�ysproceed tolcollect and receive all Relnts om9helproperty,andrLender
<br /> � I all Rents in
<br /> shall have full power to make alterations,renovations,repairs or replacements to the Property as Lender may deem proper. Lender may app y
<br /> Lender's sole discretion to payment of the Obligations or to the payment of the cost of such alterations, renovations, repairs and replacements and any
<br /> p�onrt 5�roperly i sured a d may di charge any�ax sthcharges rtcla�ms�a�sse'ssment ea d othere n whichemay accruee Th e xpense and cost oft hese
<br /> � y P id from the Rents received,and any unpaid amounts shall be added to the principal of the Obligations. These amounts,together with
<br /> actions may be Pa
<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 Property in good condition.
<br /> a��t�e jaw�d�����po qtes.nYGrarrtor�shall not make any afte at�'ions�additon ortyirrprovetment�to the P opertyewithouteLender's�pril!or w tt n
<br /> nco�sem. Wilhout limiting t he foregoing,a l l a ft e r a t i o n s,a d d i t i o n s a n d i m p r o v e m e n t s made to the Pro p erty shall be subject to the benefiaal interest belonging
<br /> to Lender,shall not be removed without Lender's prior written consent,and shal�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(cumulatively"Loss or Damage")to the Property or any
<br /> portion thereof from any cause whalsoever. In the event of any Loss or Damage,Grantor shall,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 of the affected Property.
<br /> S. INSURANCE. The Propeny 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 Lendqr. Grantor may obtain insu an ovide Le de�rwith at least ch
<br /> companies as are acceptable to Lender in its sole discretion. The insurance policies shall re uire the insurance compa�Y P
<br /> 3 0 days'written notice before such policies are altered or cancelled in any manner. The insurance policies shall name Lender as a loss
<br /> payee an prow that no act or omission of Grantor or any other person shall affect the right 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,Lender(after providing notice as may be required by law) may
<br /> in its discretion procure appropnate insurance coverage upon the Property and the insurance andsseoured herebyn Gra�ntoblshallf u nash L enderswtth
<br /> described in the "REIMBURSEMENT OF AMOUNTS EXPENDED BY LENDER" paragraph
<br /> evidence of insurance indicat�nge he�f5equiG a or'sr na�rneLon any draft or�negot able nstrumentd Gwn by any in'nsurer�All suclh nsul anceUpol cies shall be
<br /> policies,cancelling any Po y and delivered to Lender as further security for the Obligations. In the event of loss,Grantor shall immediately give Lender
<br /> imrr�ediately assigned,pledged is directed to make payments direclly to Lender instead of to
<br /> wrttten notice and Lender is authorized to make proof of loss. Each insurance companY
<br /> Lender and Grantor. Lender shall have the right, at its sole option, to apply such monies 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 /> useo�he P operty wrthoutE Le�derN prioswrittentcons nitn If�Gran ors s e of tthe Propertygbecotmes a non c�onforming user�underAany zotn ng pro�v9 i n
<br /> Grantor shall not cause or permi t suc h u s e t o b e d i s c o n t i n u e d o r a b a n d o n e d w i t h out the p rior written consent of Lender. Grantor will irr�nediately provide
<br /> Lender with wririen notice of any proposed changes to the zoning provisions or private covenants affecting the Property.
<br /> �oce dNg pert n ng o therPropertyalAl��stepayable�t�o G anaorrf o�m uch condemnation or taking lare hereby ass g ed t L ntder and shall be app'd
<br /> Pr
<br /> first to the payment of Lender's attorneys'fees,legal expenses and other costs(including appraisal fees)in connection with the condemnation or errunent
<br /> domain proceedings and then,at the option of Lender,to the payment of the Obligations or the restoration or repair of the Property.
<br /> I
<br /> NEDOTB Rev.1?J97 page 2 of 6
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