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2004031.53
<br />5. MAINTENANCE, REPAIRS AND COMPLIANCE WITH LAWS. Borrower shall
<br />keep the Property in good condition and repair; shall promptly repair or replace any
<br />improvements which may be damaged or destroyed; shall not commit or permit any
<br />waster or deterioration of the Property; shall not remove, demolish, or substantially alter
<br />any of the improvements on the Property; shall not commit, suffer or permit any act to be
<br />done in or upon the Property in violation of any law, ordinance or regulation; and shall pay
<br />and promptly discharge at Borrower's cost and expense all liens, encumbrances and
<br />charges levied, imposed and assessed against the property or any part thereof.
<br />6. PERFORMANCE BY LENDER. In the event of Borrower's failure to perform
<br />any of the covenants herein or make any payments required hereby, or if any act is taken
<br />or legal proceeding commenced which materially affects Lender's interest in the Property,
<br />Lender may in its own discretion, but without obligation to do so, and without notice to or
<br />demand upon Borrower and without releasing Borrower from any obligation, do any act
<br />which the Borrower has agreed but fails to do and may also do any other act it deems
<br />necessary to protect the security hereof. Borrower shall, immediately upon demand
<br />therefore by Lender, pay to Lender all costs and expenses incurred and sums expended
<br />by Lender in connection with the exercise by Lender of the foregoing rights, together with
<br />interest thereon at the default rate provided in the Note, which shall be added to the
<br />indebtedness secured hereby. Lender shall not incur any personal liability because of
<br />anything it may do or omit to do hereunder.
<br />7. HAZARDOUS MATERIALS. Borrower shall keep the Property in compliance
<br />with any and all federal, state and local laws, ordinances and regulations relating to
<br />industrial hygiene or to environmental conditions on, under or about the Property,
<br />including but not limited to, soil and groundwater conditions. Trustor shall not use,
<br />generate, manufacture, store or dispose of on, under or about the Property or transport to
<br />or from the Property any flammable explosive, radioactive materials, hazardous wastes,
<br />toxic substances or related materials, including, without limitation, any substances defined
<br />as or included in the definition of "hazardous substances ", "hazardous wastes,
<br />"hazardous materials" or "toxic substances" under any applicable laws, ordinances or
<br />regulations (collectively referred to hereinafter as "Hazardous Materials "). Borrower
<br />hereby warrants and represents to Lender that there are no Hazardous Materials on or
<br />under the Property. Borrower hereby agrees to indemnify and hold harmless Lender, its
<br />directors, officers, employees, and agents, and any successors to Lender's interest, from
<br />and against any and all claims, damages and liabilities arising in connection with the
<br />presence, use, storage, disposal or transport of any Hazardous Materials on, under, from
<br />or about the Property, including without limitations, (a) all damages directly or indirectly
<br />arising out of the use, generation, storage or disposal of Hazardous Materials by
<br />Borrower or any prior owner or operator of the Property and (b) all costs of any required
<br />or necessary repair, cleanup or detoxification and the preparation of any closure or other
<br />required plans, whether such action is required or necessary prior to or following transfer
<br />of title to the Property, to the full extent that such action is attributable, directly or
<br />indirectly, to the presence or use, generation, storage, release, threatened release or
<br />disposal of Hazardous Materials by any person on the Property prior to transfer of title
<br />thereto by Lender. THE FOREGOING WARRANTIES AND REPRESENTATIVES, AND
<br />BORROWER'S OBLIGATIONS PURSUANT TO THE FOREGOING INDEMNITY,
<br />SHALL SURVIVE REPAYMENT OF THE NOTE AND THE RECONVEYANCE OF THIS
<br />DEED OF TRUST.
<br />8. TITLE. Borrower is the owner of the Property, has the right and authority to
<br />convey the Property, and warrants that the lien created hereby is a first and prior lien on
<br />the Property, except as may otherwise be set forth herein, and the execution and delivery
<br />of this Trust Deed does not violate any contract or other obligation to which Borrower is
<br />subject.
<br />9. ACTIONS AFFECTING TRUST ESTATE. Trustor shall appear in and contest
<br />any action or proceeding purporting to affect the security hereof or the rights or powers of
<br />Beneficiary or Trustee, and shall pay all costs and expenses, including cost of evidence of
<br />title and attorney's fees, in any such action or proceeding in which Beneficiary or Trustee
<br />may appear. Should Trustor fail to make any payment or to do any act as and in the
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