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<br /> " RE-RECORDfD
<br /> � � 99-1�:�s;�s� gg_ iC�5193
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<br /> 8. Trustor acknowledges that Trustor's current financial position is an
<br /> important factor in Beneficiary's decision to advance the funds represented by the
<br /> aforementioned Note. Trustor therefore has agreed, in order to provide assurance to
<br /> Beneficiary with regard to Trustor's financial position, that it shall be an event of default for
<br /> Trustor to allow any lien or encumbrance other then this Deed of Trust and the lien for taxes
<br /> which are not yet due and payable to be placed on all or any part of the Property described
<br /> above and allowed to remain a lien for 30 day(s) EXCEPT a lien junior and inferior to this Deed
<br /> of Trust may be placed on all or a part of said Property in favor of N/A in a principal amount not
<br /> to exceed -0- ($-0-) to be placed of record no later than N/A.
<br /> 9. Except for any notices, demands, requests or other communications
<br /> required under applicable law to be given in another manner, whenever Beneficiary, Trustor or
<br /> Trustee gives or serves any notice (including, without limitation, notice of default and notice of
<br /> sale), demands, requests or other communications with respect to this Deed of Trust, each
<br /> such notice, demand, request or other communication shall be in writing and shall be effective
<br /> only if the same is delivered by personal service or mailed by certified mail, postage prepaid,
<br /> return receipt requested, addressed to the address of the party to whom mailed as set forth at
<br /> the end of the Deed of Trust. Any party may at any time change its address for such notices by
<br /> delivering or mailing to the other parties hereto, as aforesaid, a notice of such change. Any
<br /> notice hereunder shall be deemed to have been given (a) if by personal services, then on the
<br /> date the notice is delivered to the stated address (regardless of whether it is actually received
<br /> by the addressee), and (b) if by certified mail, on the date the United States Postal Service
<br /> makes its first delivery attempt (regardless of whether the notice is actually received by the
<br /> addressee).
<br /> 10. Trustor shall not suffer any waste of the premises and will not permit or
<br /> conduct either the generation, treatment, storage or disposal of hazardous waste, as defined in
<br /> the Resource Conservation and Recovery Act, or the disposal on the premises of petroleum or
<br /> any hazardous substance, as defined in the Comprehensive Environmental Response,
<br /> Compensation, and Liability Act, or violate any federal, state, or local law, rule or regulation
<br /> relating to the environment, and will perform all remedial actions reasonably necessary as the
<br /> result of the presence of any such hazardous wastes, petroleum or hazardous substances on,
<br /> at or near the premises. Trustor shall be personally liable for any loss, damage, or liability
<br /> suffered by the Beneficiary due to the presence of any such hazardous waste, petroleum or
<br /> hazardous substance at, on or near the property, and Trustor shall be liable for compliance
<br /> (and for costs associated therewith) with any directive or order by any governmental entity
<br /> relating to the presence of any such hazardous waste, petroleum or hazardous substance on,
<br /> at, or near the property. Trustor will deliver promptly to the Beneficiary (i) copies of any
<br /> documents received from the United States Environmental Protection Agency and/or any
<br /> federal, state, county or municipal environmental or health agency concerning the Trustor's
<br /> operations upon the Property; and (ii) copies of any documents submitted by the Trustor to any
<br /> such agencies concerning its operations on the Property. i
<br /> 11. Trustor, its successors and assigns and each of them, represent and
<br /> warrant that the Property involved in this transaction does not represent the proceeds of some
<br /> form of unlawful activity under any state, federal or foreign law.
<br /> Initials:
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