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<br /> (c� All appBcable Iaws and regulations, induding,without Iimitadon, the Americana with Disabilitie: Act, 42 U.S.C. Section 12101 et seq. (and all
<br /> • regulations promulgated thereunder)and all zoning and building Iaws and regulations rolating to the Properly by virtue of any federel,atate or munidpal
<br /> authoriry with jurisdiction over the Properry, preaerrtly are and shall be observed and oomplied wfth in all material respects,and all rights, Iicenses,
<br /> perMts,and certiflcates of oocupency(induding but not Ilmited to zoning variances,apecial exceptlons for nonconforming uaes,and flnal inapecNon
<br /> approvals), whether temporary or permanerrt,which are materisl to the use and oxupency of the Properry, preserrtly are and shall be obtained,
<br /> preaerved and,where necessary.renewed;
<br /> (d) Graritor has the rigM and is duly authorized to execute and pertorm its Obligations under th(s Deed of Trust and these actlons do not and shall not
<br /> conflict wRh the provisions of any statute,regulation,ordinanoe,rule of law,coMract or other agreerr�errt which may be bin�ng on Grantor at any time;
<br /> (e) No actioa or proceeding is or shall be pending or threatened which migM materially affect the Property;and
<br /> f��rantor has not violated and shall not violate any statute,regulation,ordinance,rule of Iaw,corrt�t or other agreement(induding,but not limited to,
<br /> goveming Hazardous Materials)which migM materially affect the PropeRy or Lender's rigMs or Irrterest in the Property pursuarrt to this Deed of
<br /> Trust.
<br /> S. PRIOR DEED8 OF TRUST. Grantor represerrts and warrants that there are no prlor deeds of trust affecting any part of the Property except as set forth
<br /> on Schedule B attached to this Deed of Trust,which GraMor agrees to pay and perform in a timely manner. If there are any prior deeds of trust then
<br /> Grantor agrees to pay ali arr�urrts owed,and pertorm ali obligaUons required,under such deeds of trust and the indebtedness secured thereby and further
<br /> agrees that a defauR under any prior deed of trust shall be a default under this Deed of Trust and shall eMitle Lender to all rigMs and remedies contalned
<br /> herein or in the Obligations to which Lender would be ernRled in the everrt of any ather default.
<br /> 4. TRANSFERS OF THE PROPERTY OR BENEFICIAL INTEREST8 IN RRANTOR8 OR BORROWERS. In the event of a aale,corneyanoe,lease,
<br /> corrtract for deed or Vansfer to any person of all or any part of the real property deacribad in Sdiedule A,or arry irnerest theroln,or of all or any benefldal
<br /> irrterest in Barrawer or C3rantor(if Borrower or C3rantor is not a natural or persons but is a oorporstion,Iimfted Ilabiliry oompanY,partnarsFdp.trust.or
<br /> other legel eMity),Lender may,at Rs optbn dedare the outstanc�ng ndpel balance of the Obligatlona plus axrued Irrterest thereon immediately due and
<br /> payable. At Lender's request,Grantor or Borrower,as the case may be,shall fumish a complete statemarrt setting forth all of its stocld�olders,members,or
<br /> partners,as appropriate,and the exterrt of their respective ownership irrterests.
<br /> 6. A831GNAAENT OF RENTS. In consideration of the Obligation:,whk�h are aecurod by this Deed of Trust, arantor abaolutely aasigns to Lender all
<br /> Grantor's estate, right. Ude. frrterest. daim and den�and now owned or hareattar acquired in all exlstlny and future leaaes of the Prop�rty (indudng
<br /> extensfons,renewa�s and subleases),all�reements for uae and oxupancy of the Proparty(all such leaaes and ageemerrts whether written or oral.are
<br /> hereaiter referred to as the"Leases"),and allguaranties of lessees'pertom�anoe under the Leases,together wRh the Imrwdiate and oontinu(ng rigM to
<br /> collect and receive all of the rerrta,inwme,receipts,revenues,issues,proflts and other income of any nature now or hereafter due(induding any tncorr�of
<br /> any nature coMng�e during any redemption period)under the Leases or from or arising out of the Property indu�ng Mnimum rerrts,additional rerrts,
<br /> percernage rerrts, parldng or common area mairrtenance corrtributions, tax and insuranoe corrtributions, defldency rerrts, liquidateddsrr�e s following
<br /> default tn any Lease, all prooeeds peyable under any policy of insurance covering loss of rerrts reaufting irom urrtenantabiliy caused by destrucNon or
<br /> dart�age to the Property, all proceeds payable as a resuh of a lessee's exercise of an option to purchase the Property, all proceeds derived from the
<br /> temiinaUon or rejection of any Lease in a banlwptcy or other insobency proceeding,and all proceeds from any rigMs and dalms of any Idnd which Grarrtor
<br /> may have a�ainst any lessee under the Leases or any oa;upants of the Property(all of the above are hereafter callectfvely referred to as the"Rents"). This
<br /> assignmerrt is subject to the rigM,power and suthority given to the Lender to collect and apply the Rerrts. This assignment is recorded in axordance wfth
<br /> applicable state law;the Ilen created by this assignmeM is irrtended to be speciflc,perfected,and choate upon the reoording of this Deed of Trust,all as
<br /> provided by applicable state Iaw as amended from time to time. As long as there is no defauft under the Obligations or this Deed of Trust,Lender grants
<br /> Grantor a revocable license to ooltect all ReMs from the Leases when due and to use such proceeds in Grentor's business operations. However,Lender
<br /> may at any time require Grantor to deposit all Rerrts irrto an axourrt mairrtained by Grantor or Lender at Lender's institution. Upon default in the paymerrt
<br /> of,or in the performance of,any of the Obligations,Lender may at its option take possession of the Property and have,hold,manage,lease and operate the
<br /> Property on terms and for a perlod of time that Lender deems proper. Lender may proceed to collect and recefve all Rerrta from the property,and Lender
<br /> shall have full power to make alterations,renovations,repairs or replacements to the Property as Lender may deem proper. Lender may apply aIl Rerns in
<br /> Lender's sole discretion to paymerrt of the ObligaUons or to the paymeM of the cost of such alterations,renovatfons, repairs and replacemerrts and any
<br /> expenses inddent to taldng and retaining possession of the Property periodically and the managemerrt and operation of the Property. Lender may keep the
<br /> Property properly insured and may�scharge any taxes,charges,daime,assessmerrts and other Ilens which may ac�xue. The expense and cost of these
<br /> acdons mey be peid from the Rerrts received,and any unpaid amourrts ahall be added to the prindpal of the Obligatlons. These arrbuMs,to8ether wfth
<br /> other oosts,shall beoome pert of tha Obligations secured by this Deed of Tn�st.
<br /> 6. USE AND MAINTENANCE OF PROPERTY. Grarrtor shall take all actions and make any repairs needed to mairrtain the Property in good condition.
<br /> Grarrtor shall not comr�ft or pem3t any waste to be cortrritted wfth respect to the Property. Grarrtor shall use the Property solely in complianoe whh
<br /> applicable Iaw and insurance poliaes. Grantor shall not make any alterations,additions or improvemerrts to the Property without Lender's prior written
<br /> conserrt. Without Iimiting the foregoi�g,all alterations,addhions and improvemer�ts made to the Property shall be subject to the benefidal irrterest belonging
<br /> to Lsnder�shall not be removed without Lender's prior written conserrt.and ahell be made at Grantor's sole axpsnae.
<br /> 7. LOSS OR DAMAGE G►antor shall bear the emire riak of any loss,theft,destruction a dert�ege(cumulaUvely"Loss or Damape")to the Property or any
<br /> portlon thereof from any cause whatsoever. In the event of any Loss or Damage,Grarrtor shall,at the option of Lender,repeir the affected Properry to its
<br /> previous oondiNon or pay or cause to be paid to Lender the decxease in the fair merket value of the affected Property.
<br /> 8. INSURANCE. The Property wfll be kept insured for its full fnsurable value(replacemeM cost)against all hazards induding loss or darnage caused by
<br /> flood,earthquake,tomado and flre, theft or other casuatty to the exterrt required by Lender. Grantor may obtain insurance on the Property from sucfi
<br /> cornpanies as are acceptable to Lender in fts sole discxetlon. The insurance polides shall require the insuranoe company to provide Lender with at least
<br /> 3 0 days'written notice before such polides are attered or cancelled in any menner. The insurance polfdes shall name Lender as a loss
<br /> payee an pro that no act or omission of Grarrtor or any other Qerson shall affect the rigM of Lender to be paid the(nsuranoe proceeds pertaining to the
<br /> loss or darrBge of the Property. In the everrt GraMor fails to acqwre or meintafn insurance,Lender(after providing notice as may be requlred law ma
<br /> in fts discxetion procureappropriate fnsurance coverage upon the Property and the insurance cost shall be an advance payable and bearing urterest as
<br /> descxibed in the "REIMBURSEMENT OF AMOUNTS EXPENDED BY LENDER" paragraph and secured hereby. Grantor shall fumish Lender with
<br /> evidence of Insurance indlcating the required coverage. Lender may act as attomey-in-fact for Grarrtor in meMng and settling daims under insurance
<br /> polides,canceliing any policy or endorsing Grantor's name on any draft or negotiable instrumerrt drawn by any Insurer. All such insurance policies shall be
<br /> irm�ediately assi�ed,pledged and delivered to Lender as further security for the ObIlgaUons. In the everrt of loss,Grantor shall inmediately give Lender
<br /> wrftten notice and Lender is suthorized to make proof of loss. Each insurance company is directed to rt�eke paymerrta directly to Lender instead of to
<br /> Lender and GraMor. Lender shall have the rigM, at fts sole option,to apply such monies toward the Obligations 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 datea thereof.
<br /> 9. ZONING AND PRIVATE COVENANTS. Grantor shall not fnitfate or conserrt to any change in the zoning provfsions or private oovenarrts affecting the
<br /> use of the Properry without Lender's prior writien consent. If Grantor's use of the Property beoomes a nonconforming use under any zoning provision,
<br /> Grantor shall not cause or pemlt such use to be discontinued or abandoned wRhout the prior written consern of Lender. Grantor will irrmediately provide
<br /> Lender with written notice of any proposed changes to the zoning provisions or private oovenants affecting the Property.
<br /> 10. CONDEAMIA710N. Grarrtor shall irtrr�ediately provide Lender with written notice of any actual or threatened condermation or eMnerrt domein
<br /> procee�ng pertaining to the Properry. All monies payable to Grarrtor irom such condermaUon or taMng are hereby asaigned to Lender and shall be applied
<br /> flrst to the paymerrt of Lender's attomeys'fees,legal expenses and other costs(Induding appraisal fees)in connectfon wfth the oondermatl�on or eminerit
<br /> domafn proceedings and then,at the option of Lender,to the paymern of the ObUgations or the restoration or repair of the Property.
<br /> NEDOTB Rw.1?/87
<br /> Pap�2d8
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