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<br /> (c) All applicable laws and regulations, indu�ng, without Ifmitation,the Americans with DisabilRles Act, 42 U.S.C. Section 12101 et seq. (and all
<br /> regulaUons promulgated thereunder)and all zoning and building laws and regulatfons relating to the Property by virtue of any federal,state or munidpal
<br /> authority with jurisdiction over the Property, preserrtly are and shall be observed and complied with in all mate�ial respects, and all rigMs, licenses,
<br /> pemits, and oertiflcates of oocupency(induding but not limited to zoning varfanoes,spedal exceprtlons for nonconforming uses,and flnal inspection
<br /> approvals), whether temporary or pemienerrt,which are material to the use and oxupancy of the Propetiy, preserrtly are and shall be obtained,
<br /> preserved and,where necessary.renewed;
<br /> (d) Grantor has the rigM and is duly authorized to execute and perform its Obligations under this Deed of Trust and these actions do not and shall not
<br /> conflict with the provisions of any statute,regulation,ordinance,tule of law,contract or other agreemerrt which may be binding on Grarrtor at any time;
<br /> (e) No action or proceeding is or shall be pendfng or threatened which migM materially affect the Property;and
<br /> (� Grantor has not violated and shall not violate any statute,regulation,ordinance,rule of Iaw,corrtraot or other agreemern(induding,but not Iimfted to,
<br /> those goveming Hazardous Materials)which migM materially affect the Properry or Lender's ngMs or irrterest in the Proparty pursuant to this Deed of
<br /> Trust.
<br /> 3. PRIOR DEEDS OF TRUST. Grantor represents and warrants that there are no prior deeds of trust affecting any part of the Property except as set forth
<br /> on Schedule B attad�ed to this Deed of Trust,which Grantor agrees to pay and perform in a timely manner. If there are any prior deeds of trust then
<br /> Gramor agrees to pey all amourrts owed,and perfomi all obligeUons requlred,under such deeds of trust and the indebtedness secured thereby end further
<br /> agrees that a default under any prior deed of trust shell be a defauft under this Deed of Trust and shelt eMide Lender to all rlgMs and remedies oontained
<br /> herein or in the Obligations to which Lender would be errtfUed in the everrt of any other defauR.
<br /> 4. TRANSFERS OF THE PROPERTY OR BENEFICIAL INTERESTS IN GRANTORS OR BORROWERS. In the evem of a sale,conveyance,lease,
<br /> contrad for deed or transfer to any person of all or any pert of the real properry described in Schedule A,or any irrterest therein,or of all or any benefldal
<br /> interest in Borrower or Grarrtor(if Borrower or Grantw is not a natural person or persons but is a corporation,Iimited liebllity company,partnership,trust,or
<br /> other legal errtiry) Lender may,at its option dedare the outstanding prindpel belance of the Obligations plus aaxued irrterest thereon imrnediately due and
<br /> payable. At Lender's request,Grantor or Borcower,as the cese may be,shall fumish a complete statemerrt setting forth all of its stoddioiders,members,or
<br /> pertners,as appropriate,and the extem of their respective ownership irrterests.
<br /> 6. ASSIGNMENT OF RENTS. In consideration of the Obllgations,which are secured by this Deed of Trust, Grarrtor absoluiely assigns to Lender all
<br /> Grarrtor's eatete, rlgM title, irrterest, daim and demand now owned or hereafter acqufred fn ell existing and future leases of the Property (induding
<br /> extensfons,renewals and subleases),all agreemerrts for use and oxupancy of the Property(all such leases and agreemerrts whether written or oral,are
<br /> hereafter refemed to as the"l.eases"),and allgu ararrties of lessees'perfom�ance under the Leases,together wRh the irmiediate end corrtinuing rigM to
<br /> collect and receive ali of the rerrts,income,receiprts,revenues,issues,proflts and other income of any nature now or hereafler due(Induding any income of
<br /> any nature coming due during any redemption period) under the Leases or irom or arising out of the Property indu�ng minimum rerrts,additional rents,
<br /> percentage rerrts, parldng or corrmon area meintenance ooM�ibutions, tax and insurance corrtributions, deflciency rerrts, liquidaied damages following
<br /> default in any Laase, all prooeeds payable under eny policy of insurance covering loss of rents resulNng irom utrtenarrtability caused by destruction or
<br /> damage to the Property, all proceeds payeble as a result of a lessee's exercise of an optfon to purchase the Properry, all proceeds defired from the
<br /> temination w rejedion of any Lease in a banlwptcy or other insoNency proceeding,and all proceeds irom any rigMs and daims of any kind whlch Grantor
<br /> may have a�einst any lessee under the Leases or eny oxupants of the Property(all of the above are hereafter collectively referred to as the"Rerrts"). This
<br /> assignmeM Ts subject to the rigM,power and authortty ghren to the Lender to collect and apply the Rerrts. This assignrr�nt is reoorded in axordance with
<br /> applicable state law;the Ilen created by this assignmem is intended to be apedflc,perfected,and choate upon the recording of this Deed of Trust,all as
<br /> provkied by appBcable state Iaw as amended from time to time. As long as there is no default under the Obligations or this Deed of Trust,Lender grarrts
<br /> Grarrtor a revocade Iicense to collect ail Rerrts from the Leases when due and to use such proc�eeds In Gtantor's businessoperations. However,Lender
<br /> msy at any time require Grantor to depostt all Rerrts irrto an axourrt mafrrtained by Grantor or Lender at Lender's institution. Upon defauft in the payment
<br /> of,or in the performence of,any of the Obligatlons,Lender mey at Its optlon take possession of the Properry and have,hold,manage,�ease and operate the
<br /> Property on tem�a 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 meke alterations,renovatlons,repeirs or replacemerrts to the Property as Lender may deem proper. Lender may apply all Rerrts in
<br /> Lender's sole discretion to paymerrt of the Obligations or to the paymerrt of the cost of such alterations,renovations, repairs and replacemerrts and any
<br /> e�cpenses indderrt to taking and retaining possession of the Property perioc�cally and the management and operation of the Property. Lender may keep the
<br /> Properry properly insured and may discharge any taxes,charges,daims,assessments and other Ilens which may aaxue. The expense and cost of these
<br /> actihons may be peid irom the Rerrts received,and any unpeid amouMs shall be added to the prindpal of the Obligatlons. These amounts,together with
<br /> other costs,shall become pert of the Obligations secured by this Deed of Trust.
<br /> 6. USE AND MAINTENANCE OF PROPERTY. Grantor shall take all actfons and make any repalrs needed to maintain the Property fn good condition.
<br /> Gramor shall not corrmit or pemit any waste to be cortrNtted with respect to the Property. Grarrtor shall use the Property solely in compliance wkh
<br /> applicable Iaw and insurance polides. Grantor shall not rr�elce any atterations, additlons or improvemerrts to the Property whhout Lender's prior written
<br /> conserit. Without Iimiting the brepoing,all etterations,additions and improvements made to the Property shall be subject to the benefiael irrterest belonging
<br /> to Lender,shall not be removed w�thout Lender's prior written consent,and shali be made at Grantor's sole expense.
<br /> 7. LOSS OR DAMAGE Gramor shall bear the errtire risk of any loss,theft,destructfon or damage(cumulatively"Loss or Damage")to the Property or any
<br /> portion thereof from any cause whatsoever. in the everrt of any Loss or Damage,Grantw shall,at the option of Lender,repair the affected Property to its
<br /> previous conditlon or pay or cause to be peid to Lender the decrease in the fair market value of the affected Property.
<br /> 8. INSURANCE. The Prop�rty wfil be kept insured for its full insurable value(replacemerrt cost)against all hazerds induding loss or damage caused by
<br /> flood,earthquake, tomedo and flre, theR or other casuatty to the exterrt required by Lender. Gremor may obtafn Insuranoe on the Properry from such
<br /> companies aa are acceptable to Lender in its sole discretion. The fnsurance polides shall require the insurence company to provide Lender with at least
<br /> 3 0 days'w►itten notice before such polides are attered or cancelled in eny manner. The fnsurance policies shell name Lender as a loss
<br /> payee an pro that no act or omission of Grantor or any otherperson shall affect the rigM of Lender to be peid the insurance proceeds pertaining to the
<br /> loss or damage of the Property. In the everrt Grantor fails to soquire or mafrrtain insurance,Lender(after provi�ng notioe as may be required by law)may
<br /> in fts disr,�etion procureappropriate insurance coverage up�n the Property and the insurance cost ahall be an advance payable and bearing irrterest as
<br /> described in the "REIMBURSEMENT OF AMOUNTS EXPENDED BY LENDER" paragraph and secured hereby. Grantor shall fumish Lender with
<br /> evidence of fnsurance indicating the requlred coverage. Lender may act as attomey-fn-fact for Grarrtor in meWng and settlfng dairr� under insurance
<br /> polides,cancelling any policy or endorsing Grantor's name on any�aft or negotiable fnstrumerrt drawn by any insurer. All such insurance poliaes shall be
<br /> Imme�ately assigned,pledged and delNered to Lender aa further security for the Obligations. In the everrt of loss,Grantor shall irrrnediately give Lender
<br /> written notioe and Lender is authorized to make proof of loss. Each insuranoe oortpany is directed to meke paymerrts directly to Lender instead of to
<br /> Lender and Grantor. Lender shall have the right at its 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 inverse order of the due dates thereof.
<br /> 9. ZONING AND PRIVATE COVENANTS. Grantor shall not initiate or conserrt to any change in the zonfng provisions or�xivate covenarrts affecting the
<br /> use of the Property wtthout Lender's prior written oonaerrt. If Grarrtor's use of the Property becomes a nonconfomiing use under any zoning provision,
<br /> Gramor shall not cause or pemrt such use to be�scorrtinued or ebandoned without the prior written consent of Lender. Grentor will itrrnediately provide
<br /> Lender with wrftten notice of any proposed changes to the zoning provisions or private covenarrts affecting the Property.
<br /> 10. CONDEN�IATION. C.�rantvr shall Irt�nsdlately provl�e L�ndsr whh wrttt� i�otioe oi any actual or threatened ccndermatlon or eminent domaln
<br /> proceeding pertaining to the Property. All monies payable to Grantor irom such oondermation or taldng are hereby assi�ed to Lender and shall be applied
<br /> flrst to the paymerrt of Lender's attomeys'feea,legal expenses and other costs(induding appraisal fees)in connection wfth the condermation or eminerrt
<br /> domain procee�ngs and then,at the option of Lender,to the paymerrt of the Oblfgations or the restoration or repair of the Property.
<br /> NEDOTB Rw.1�97
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