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<br />notes given in substitution therefor or in modification, supplement, increase, renewal or extension thereof, in whole or
<br />in part (such note or notes, whether one or more, as from time to time renewed, extended, supplemented, increased or
<br />modified and all other notes given in substitution therefor, or in modification, renewal or extension thereof, in whole
<br />or in part, being hereinafter called the "Note "); and (b) all indebtedness, liabilities, duties, covenants, promises and
<br />other obligations whether joint or several, direct or indirect, fixed or contingent, liquidated or unliquidated, and the
<br />cost of collection of all such amounts, owed by Trustor to Beneficiary now or hereafter incurred or arising pursuant to
<br />or permitted by the provisions of the Note, this Deed of Trust, or any other document now or hereafter evidencing,
<br />governing, guaranteeing, securing or otherwise executed in connection with the loan evidenced by the Note (herein
<br />sometimes collectively called the "Loan Documents ").
<br />ARTICLE 2
<br />Representations, Warranties and Covenants
<br />Section 2.1. Trustor represents, warrants, and covenants as follows:
<br />(a) Payment and Performance. Trustor will make due and punctual payment of the Secured
<br />Indebtedness. Trustor will timely and properly perform and comply with all of the covenants, agreements, and
<br />conditions imposed upon it by this Deed of Trust and the other Loan Documents and will not permit a default to occur
<br />hereunder or thereunder. Time shall be of the essence in this Deed of Trust.
<br />(b) Title and Permitted Encumbrances. Trustor has, in Trustor's own right, and Trustor covenants to
<br />maintain, lawful, good and marketable title to the Property, is lawfully seized and possessed ofthe Property and every
<br />part thereof, and has the right to convey the same, free and clear of all liens, charges, claims, and security interests.
<br />Trustor, and Trustor's successors and assigns, will warrant generally and forever defend title. to the Property to
<br />Trustee and its successors and assigns, against the claims and demands of all persons claiming or to claim the same or
<br />any part thereof, subject only to such.matters as appear of public record as of the date hereof.
<br />(c) Taxes and Other Impositions. Trustor will pay, or cause to be paid, all taxes, assessments and other
<br />charges or levies imposed upon or against or with respect to the Property or the ownership, use, occupancy or
<br />enjoyment of any portion thereof, or any utility service thereto, as the same become due and payable, including but
<br />not limited to all real estate taxes assessed against the Property or any part thereof, and shall deliver promptly to
<br />Beneficiary such evidence of the payment thereof as Beneficiary may require.
<br />(d) Insurance. Trustor shall obtain and maintain at Trustor's sole expense such insurance on the
<br />Property as may from time to time be required by Beneficiary (including but not limited to all -risk casualty and
<br />hazard insurance, business interruption insurance, boiler and machinery insurance, earthquake insurance, and war risk
<br />insurance) and against other insurable hazards or casualties which at the time are commonly insured against in the
<br />case of premises similarly situated, due regard being given to the height, type, construction, location, use and
<br />occupancy of buildings and improvements.
<br />(e) Insurance Proceeds. Upon Beneficiary's request, the proceeds under any policy of insurance
<br />required to be carried by Trustor shall be payable to Beneficiary and such policies shall so provide. Upon receipt of
<br />any such proceeds, Beneficiary may, at its discretion, apply same to reduction of the Secured Indebtedness or may
<br />make same available to Trustor for restoration of the Property, subject to such conditions and disbursement
<br />procedures as Beneficiary may then impose.
<br />(f) Condemnation. Trustor shall notify Beneficiary immediately of any threatened or pending
<br />proceeding for condemnation affecting the Property or arising out of damage to the Property, and Trustor shall, at
<br />Trustor's expense, diligently prosecute any such proceedings. Beneficiary shall have the right (but not the obligation)
<br />to participate in any such proceeding and to be represented by counsel of its own choice. Beneficiary shall be entitled
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