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<br /> . (c) All appliceble Iaws and regulatfons, indu�ng, without Iimitation, the Americans with Disabilities Act, 42 U.S.C. Section 12101 et seq. (and all
<br /> regulaUons promulgated thereunder)and all zoning and building Iaws and regulatfons relating to the Property by virtue of any federal,state or muniapal
<br /> , authortty with ju�isdiction over the Property, preserrtly are and shall be observed and oomplied with in ell meterial respects, and all rlgMs, Iloenses,
<br /> perMts,and oertiflcates of oxupency(induding but not limited to zoning variances,speclal except(ons for nonconforming uses,and flnal inspection
<br /> approvals), whether temporary or pemrenerrt, which are mate�ial to the use and occupancy of the Propetty, preserrtly are and shall be obtained,
<br /> preserved and,where necessary,renewed;
<br /> (d) Grarrtor has the rigM and is duly authorized to execute and perform its Obliga�ons under this Deed of Trust and these actions do not and shall not
<br /> confliq with the provisions of any statute,regulation,ordinanoe,rule of law,contract or other agreemerrt which may be bin�ng on Grantor at any time;
<br /> (e) No acUon or proceeding is or shall be pending or threatened which migM meterially affect tMe Properry;and
<br /> (� Grantor has not violated and shall not violate any statute,regulation,ordinance,rule of law,contract or other agreemerrt(induding,but not Iimited to,
<br /> those goveming Hazardous Materlals)which migM materially affect the Property or Lender's rigMs or irrterest in the Property pursuarrt to this Deed of
<br /> Trust.
<br /> 3. PRIOR DEEDS OF TRUST. Grantor represerrts and warrants thai there are no prior deeds of trust affecting any pert of the Property except as set forth
<br /> on Schedule B attached to ihis Deed of Trust,which Grantor agrees to pay and pertortn in a timely menner. If there are any prior deeds of trust then
<br /> Grantor a�ees to pay all arrourrts owed,and pertotm all obligations required,under such deeds of trust and the indebtedness secured thereby and further
<br /> agrees that a default under any prior deed of trust shall be a default under this Deed of Trust and shali entfUe Lender to all rigMs and rernedies contained
<br /> herein or in the Obligations to which Lender would be entitled in the everrt of any other defauft.
<br /> 4. TRANSFERS OF THE PROPERTY OR BENEFICIAL INTERESTS IN GRANTORS OR BORROWERS. In the everrt of a sale,corneyance,lease,
<br /> corrtract br 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 /> irrterest in Borrower or Grarrtor(if Borrower or Grantor is not a natural person or persons but is a corporation,Iimited Ilabiliry compeny,partnership,trust,or
<br /> other legal entity),Lender may,at its opHon dedare the outstanding prindpai balance of the Obflgations plus aaxued imerest thereon imrnediately due and
<br /> payable. At Lender's request,Grantor or Borrower,as the case may be,shall fumish a complete statemem setting forth all of its stocidiolders,members,or
<br /> partners,as appropriate,and the exterrt of their respectNe ownership irderosts.
<br /> S. ASSIGNMENT OF RENTS. In consideration of the ObUga�ons,which are secured by this Deed of Trust, Grarrtor absolutely assigns to Lender all
<br /> Grantor's estate, rigM, tme, (nterest, daim and demand now owned or hereafter acquired in all existing and future leases of the Property (indudfng
<br /> extensions,renewals and subleases),all agreemerrts for use and oxupency of the Properly(all such leases and agreemerrts whether written or oral,are
<br /> hereafter referred to as the"Leases"),and allgu ararrties of lessees'performenoe under the Leases,together whh the imrnediate and corrtinuing rigM to
<br /> collect and recebe all of the rerrts,income,receipts,revenues,issues,proflts and other income of any nature now or hereafter due(including any income of
<br /> any nature coming due during any redemp8on period)under the Leases or from or arfsing out of the Property induding minimum rerrts,additional rerrts,
<br /> percerrtage rerrts, parldng or common area mairrtenance corrt�ibutions, tau and insurance cornributions, defldency rerrts, li uidated s followin
<br /> defauft in an Lease, all q �� 9
<br /> y proceeds payable under any policy of insurance covering loss of reMs resulting from urrtenarrtabiliry caused by destruction or
<br /> darr�age to the Property, all proceeds payable as a result of a lessee's exerase of an option to purchase the Property, all proceeds derived from the
<br /> tem�ination or rejection of any Lease in a banlwptcy or other insolvency proceeding,and all proceeds from any rigMs and daims of any kind which Grantor
<br /> may have against any lessee under the Leases or any oa;upants of the Property(ail of the above are hereafter collectively referred to as the"Rents"). This
<br /> assignmerrt is subject to the rigM,power and authority given to the Lender to collect and apply the Rer�ts. This assi�merrt is recorded in accordance with
<br /> applicable state law;the Ilen created by this assi�merrt is irrtended to be spedflc,perfected,end choate upon the recording of this Deed of Trust,all as
<br /> provided by appHcable state Iaw 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 Rerrts from the Leases when due and to use such proceeds in Grarrtor's business operations. However,Lender
<br /> may at any time require Grantor to deposft all Rerrts irrto an acxourrt mafrrtained by Grarrtor or Lender at I.ender's instftution. Upon defauR in the paymerrt
<br /> of,or in the perfomiance of,any of the ObOgations,Lender may at its optfon take possesaion of the Property and have,hold,menage,lease and operate the
<br /> Properry on terms and for a period of time that Lender deems proper. Lender may proceed to collect and receive all Rerrts irom the property,and Lender
<br /> shall have full power to rr�ake alterationa,renovations,repairs or replacements to the Properry as Lender may deem proper. Lender may apply all Rerrts in
<br /> Lender's sole discretion to payment of the Obl(gaUons or to the payment of the cost of such atterations,renovatfons, repairs and replacemeMs and any
<br /> expenses inddern to taldng and retaining possession of the Property periodically and the menagemerrt and operatfon of the Property. Lender may keep the
<br /> Property properiy insured and may�scharge any taxes,charges,daims,assessmerits and other Ifens which may accrue. The expense and cost of these
<br /> actions may be peid from the ReMs received,and any unpaid amourrts shall be added to the prindpal of the Obligations. These amoums,together with
<br /> other costs,shell become part of the Obligations secured by this Deed of Trust.
<br /> 6. USE AND AAAINTENANCE OF PROPERTY. Grantor shall take all actions and meJce any repairs needed to mairrtain the Property in good condition.
<br /> Gramor shall not corrmit or pemit any waste to be cormltted with respect to the Property. GraMor shall use the Property solely in compliance with
<br /> applicabla law and insurance policies. Grarrtor shall not mak�e any alterations,addiUons or improvemerrts to the Property without Lendera prlor written
<br />� concerrt. Without limiting the bregoing,ali aiterations,addRions and improvemerrts made to the Property shail be subject to the benefldal imerest belonging
<br /> to Lender,shall not be removed wfthout Lender's prior written wnserrt,and shall be made at Grantor's sole expense.
<br /> 7. LOSS OR DAAAAGE. Grantor shell bear the errtire risk of any loss,theft,destruction or darr�age(cumulatively"Loss or Damage")to the Property or any
<br /> portion thereof irom any cause whatsoever. In the event of any Loss or Damage,Grarrtor shall,at the option of Lender,repafr the affected Property to hs
<br /> previous oondftion or pay or cause to be paid to Lender the decrease in the fair market value of the affected Property.
<br /> 8. INSURANCE. The Property will be kept insured for its full insurable value(replacemerrt cost)against all hazards induding loss or dartrage caused by
<br /> flood,earthquake,tomado and flre, theft or other casualty to the exterrt required by Lender. Grantor may obtain insurance on the Property from sucf�
<br /> companies as are axeptable to Lender in fts sole discxetion. The insurance polides shall require the insurance company to provide Lender with at least
<br /> 3 0 days'written notice before such polides are altered or cancelled in any manner. The insurance poiides ahell name Lender as a loss
<br /> payee an pro that no act or omission of Grantor or any other person shall affect the�ight of Lender to be paid the insurance proceeds pertaining to the
<br /> loss or darr�age of ihe Property. In the everd Grantor fails to acquire or mairrtain insurance,Lender(after providing notioe as may be required by Iaw)may
<br /> in its discxetion reappro ate insurance coverage u n the Property and the insurance cost shall be an advance payeble and bearing irrterest as
<br /> descxibed in the�R IMBURSEMENT 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 Grarrtor in making and settling daims under insurance
<br /> polides,cancelling 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 assigned,pledged and delivered to Lender as further securiry for the Obligations. In the everrt of loss,Grantor shall immediately give Lender
<br /> written notice and Lender is autho�ized to meke proof of loss. Each insurance company is directed to make paymerrts directly to Lender instead of to
<br /> Lender and Grantor. Lender shall have the rigM, at its sole option,to apply such mcnies toward the Obligations or toward the cost of rebuilding and
<br /> restoring the Property. My aRwuMs may at Lender's option be applied in the irnerse order of the due dates thereof.
<br /> 9. ZONING AND PRIVATE COVENANTS. Grarrtor shall not initiate or consent to any change in the zoning provisions or private covenaMs affecting the
<br /> use of the Property without Lender's prior w�itten consent. If Grantor's use of the Property becomes a nonconfomiing use under any zoning provision,
<br /> Grarrtor shall not cause or perMt such use to be�scorrtinued or abandoned without the prior wrftten conserrt of Lender. Grarnor will imrnedlately provide
<br /> Lender wRh written notice of any proposed changes to the zoning provi�lons or privete oovenants affecting the Property.
<br /> 10. CONDEMNATION. Grantor shall irmiediately provide Lender with written notice of any actual or threatened oondermation or eminerrt domein
<br /> procee�ng perteining to the Property. All mcnies payable to Grantor from such oondermation or taldng are hereby assigned to Lender and shall be applfed
<br /> first to the paymerrt of Lender's attomeys'4ees,legal expenses and other costs(induding appraisal fees)in connection with the condermation or errrinem
<br /> dorr�n proceedings and then,at the option of Lender,to the payment of the Obtlgations or the restoration or repair of the Property.
<br /> NEDOTB FNv.t?l87
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