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<br /> ' (c) Ail applicable Iaws and regulations, induding,without Iimitation, the Americans with Disabilities Act, 42 U.S.C. Section 12101 et seq. (and all
<br /> regulations promulgated thereunder)and all zoning and building laws and regulations relating to the Property by virtue of any federal,state or muniapal
<br /> authority with jurisdiction over the Property, preserrtly are and shall be observed and complied wkh in all material respects, and all rights, licenses,
<br /> pemrts,and certificates of occupency(induding but not limited to zoning variances,special exceptions for nonconforming uses,and final inspection
<br /> approvals), whether temporary or pemranerrt, which are material to the use and occupancy of the Property, presently are and shall be obtained,
<br /> preserved and,where necessary,renewed;
<br /> (d) Grarnor has the rigM and is duly authorized to execute and perform its Obligations under this Deed of Trust and these aclions do not and shall not
<br /> conflict with the provisions of any statute,regulation,ordinance,rule of Iaw,contract or other agreemerrt which r�y be binding on Grantor at any time;
<br /> (e) No action or proceeding is or shall be pending or threatened which migM materially affect the Property;and
<br /> (� GrarAor has not violated and shall not violate any statute,regulation,ordinance,rule of law,contract or other agreement(including,but not limited to,
<br /> those goveming Hazardous Materials)which migM materially affect the Property or Lender's rigMs or irrterest in the Properry pursuarn to this Deed of
<br /> Trust.
<br /> S. PRIOR DEEDS OF TRUST. Grarrtor represents and warrarrts that there are no prior deeds of trust affecting any part of the Property except as set forth
<br /> on Schedule B attached to this Deed of Tn�st,which GraMor agrees to pay and perform in a timely manner. If ihere are any prior deeds of trust then
<br /> Grantor agrees to pay all amounts owed,and perform 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 shall errtitle Lender to all rigMs and remedies corrtained
<br /> herein or in the Obligations to which Lender would be entitled in the everrt of any other default.
<br /> 4. TRANSFERS OF THE PROPERTY OR BENEFICIAL INTERESTS IN GRANTORS OR BORROWERS. In the everd of a sale,conveyance,lease,
<br /> corrtract for deed or transfer to any person of all or any part of the real property described in Schedule A,or any interest therein,or of all or any beneficial
<br /> irrterest in Borrower or Grantor(if Borrower or Grantor is not a natural person or persons but is a corporation,limited liabiliry company,partnership,trust,or
<br /> other legal errtity),Lender may,ai its option dedare the outstanding principal balance of the Obligations plus accrued irrterest thereon irmiediately due and
<br /> peyable. At Lender's request,Grantor or Borrower,as the case may be,shall fumish a complete statemerrt setting forth all of Rs stoddiolders,members,or
<br /> pariners,as appropriate,and the extern of their respective ownership interests.
<br /> 5. ASSIGNMENT OF RENTS. In consideration of the Obligations,which are secured by this Deed of Trust, GraMor absolutely assigns io Lender all
<br /> Grarrtor's estate, rigM, title, iMerest, daim and demand now owned or hereafter acquired in all ewsting and future leases of the Property (induding
<br /> extensions,renewals and subleases),all agreemerrts for use and oxupancy of the Property(all such leases and agreements whether written or oral,are
<br /> hereatter referted to as the"Leases"),and all guaranties of lessees'performance under the Leases,together with the irtmediate and continuing rigM to
<br /> collect and receive all of the rents,income,receipts,revenues,issues,profits and other income of any nature now or hereafter due(induding any income of
<br /> any nature coming due during any redemption Period) under the Leases or from or arising out of the Property induding minimum rerrts,additional rents.
<br /> percerrtage reMs, parking or corm�on area mairrtenance coMributions, tax and insurance contributions, defiaency rerrts, liquidated damages following
<br /> default in any Lease, all prooeeds payable under any policy of insurance covering loss of rerrts resufting from urrtenantability caused by destruction or
<br /> damage to the Property, all proceeds payable as a resuR of a lessee's exerase of an option to purchase the Property, all proceeds derived from the
<br /> termination or rejeclion of any Lease in a bankruptcy or other insoNency proceeding,and all proceeds from any rigMs and daims of any Idnd which Grarrtor
<br /> may have against any lessee under the Leases or any occupards of the Property(all of the above are hereafter collectively referced to as the"Rerrts"). This
<br /> assignmerrt is subject to the rigM,power and authority given to the Lender to collect and apply the Rents. This assignmerrt is recorded in axordance with
<br /> applicable state law;the lien created by this assignment is irrtended to be speciflc,perfected,and choate upon the recording 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 grarrts
<br /> Grantor a revocable license to collect all Rents from the Lsases when due and to use such proceeds in Grarrtor's business operations. However,Lender
<br /> may at any time require Grantor to deposit all Rerrts irrto an aocourrt mairnained by Grantor or Lender at Lender's institution. Upon defauit in the paymerrt
<br /> of,or in the perfomiance of,any of the Obligaifons,Lender may at its option take possession of the Property and have,hold,manage,le��rt d operate the
<br /> Property on terms and for a penod of time that Lender deems proper. Lender may proceed to collect and receive all Rerrts from the and Lender
<br /> shall have full power to rt�eke atterations,renovations,repairs or replacements to the Property as Lender may deem proper. Lender may apply all Rents in
<br /> Lender's sole discretion to paymerrt of the Obligations or to the paymeM of the cost of such alterations, renovations, repairs and replacemerits and any
<br /> expenses indderrt to taking and retaining possession of the Property periodically and the managemerri and operation of the Property. Lender may keep the
<br /> Property properiy insured and may discharge anY taxes,charges,dairr�s,assessmerrts and other liens which may aaxue. The expense and cost of these
<br /> actions may be paid from the Rerrts received,and anY unpaid amourrts shall be added to the principal of the Obligations. These amourrts,together with
<br /> other costs,shall become pert cf the Obligatfons secured by this Deed of Trust.
<br /> 6. USE AND MAINTENANCE OF PROPERTY. Grarrtor shall take all actions and make any repairs needed to malrrtain the Properry in good condition.
<br /> Grarrtor shall not cortmt or pamit anY waste to be commtted with respect to the Property. Grarnor shall use the Property solely in compliance with
<br /> applicable Iaw and insuranoe poliaes. Grarrtor shall not make any alterations,additions or improvemerrts to the Property without Lender's prior written
<br /> conserrt. Without limiting the foregofng,all alterations,additions and improvemerrts made to the Property shall be subject to the benefldal irrterest belonging
<br /> to Lender,shall not be removed without Lender's prfor written conserrt,and shall be made at Grantor's sole expense.
<br /> 7. LOSS OR DAMAGE. Grantor shall bear the ernire risk of any loss,theft,destruction or damage(currulatively"Loss or Damage")to the Property or any
<br /> portion thereof from any cause whatsoever. In the everrt of any Loss or Damage,Grantor shall,at the option of Lender,repair the affected Properry to its
<br /> previous con�tion or pay or cause to be paid to Lender the decrease in the fair market value of the affected Properry.
<br /> 8. INSURANCE. The Property will be kept insured for hs full insurable value(replacement cost)against all hazards induding loss or damage caused by
<br /> flood,earthquake, tomado and fire,theft or other casualry to the extent required by Lender. Grantor may obtain insurance on the Property from such
<br /> companies as are acceptable to Lender in its sole discretion. The insurance policies shall require the insurance company to provide Lender with at least
<br /> 30 days'wririen notice before such polides are aftered or cancelled in any manner. The insurance policies shall name Lender as a loss
<br /> payee an prow that no act or omission of Graritor or any other person shall affect the rigM of Lender to be paid the insurance proceeds pertaining to ihe
<br /> loss or damage of the Property. In the event Gramor fails to acquire or mairrtain insurance,Lender(after providing notice as may be required by law)may
<br /> in its discxetion procure apprcPriate insurance coverage upon the Property and the in��cos1 shall be an advance payable and bearing irrterest as
<br /> descxibed in the "REIMBURSEMENT OF AMOUNTS EXPENDED BY LENDER" and sec;ured hereby. Grantor shatl fumish Lender with
<br /> evidence of insurance indicating the required coverage. Lender may act as attomey-in-fact for Grantor in maldng and settling daims under insuranoe
<br /> poliaes,cancelling any policy or endorsing Grantor's name on any draft or negotiable instrument drawn by any insurer. All such insurance poliaes shall be
<br /> irm�edfately assigned,pledged and de�Nered to Lender as further security for the Obligations. In the evem of loss,Grantor shall irrmediately give Lender
<br /> wrftten notice and Lender is authorized to make proof of loss. Each insurance company is directed to make paymerrts directly to Lender instead of to
<br /> Lender and Gramor. Lender shall have the rigM, ai ils sole option, to apply such monies toward the Obllgations or toward the cost of rebuilding and
<br /> restoring the Property. Any amourns 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 consent to any change in the zoning provisions or private covenarrts affecting the
<br /> use of the Property without Lender's prior written consent. If Grantor's use of the Property becomes a nonconforming use under any zoning provision,
<br /> Grantor shall not cause or permit such use to be discoMinued or abandoned without the prior written conserri of Lender. Grantor wlll irmiediately provide
<br /> Lender with written notice of any proposed changes to the zoning provisions or private covenarns affecting the Property.
<br /> 10. CONDEMNATION. Granior shall imnediately provide Lender with written notice of any actual or threatened condermation or eminent domain
<br /> proceeding pertaining to the Property. All monies payable to Grantor from such condermation or taldng are hereby assigned to Lender and shall be applfed
<br /> first to the paymerrt of Lender's attomeys'fees,legal expenses and other costs(induding appraisal fees)in connection with the condermation or emineM
<br /> domain proceedings and then,at the option of Lender,to the paymern of ihe Obligations or the restoration or repair of the Property.
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