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<br /> ,(c) All applicable laws and regulatfons, induding,without Iimitation, the M�ericans wilh D(sabilittes 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 Properry by virtue of any federal,state or munidpal
<br /> authority with jurisdiction over the Property, presernly are and shall be observed and complied with in all material respects, and all rigMs, Ncenses,
<br /> pemits,and certificates of oa;upancy(induding but not Iimited to zoning varianoes,spedal exceptions for nonconforming uses,and flnal inspection
<br /> approvals), whether temporary or pemrenern,which are material to the use and occupancy of the Properry, 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 pertorm 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,rule of law,corrtract or other agreemerrt which may be binding on Grarrtor at any time;
<br /> (e) No action or proceeding is or shall be pending or threatened which migM materially affect the Properly;and
<br /> (� Grantor has not violated and shall not violate any statute,regulation,ordinance,rule of law,corrtract or other agreemerri(induding,but not limited to,
<br /> those goveming Hazardous Materials)which MgM materially affect the Property or Lender's rigMs or interest in the Property pursuar�t to this Deed of
<br /> Trusi.
<br /> 3. PRIOR DEEDS OF TRUST. Grantor represents and warrants that there are no prior deeds of trust sffecting any part of the Property 8xcept as set forth
<br /> on Schedule B attached to this Deed of Trust,which Grarnor agrees to pay and pertorm in a timely manner. If there are any prior deeds of trust then
<br /> GraMor agrees to pay all amourns owed,and pertorm all obligations required,under such deeds of trust and the indebtedness secured thereby and further
<br /> a�ees that a defauft under any prior deed of trust shall be a default under this Deed of Trust and shall entftle Lender to all rights and remedies cornalned
<br /> herein or in the Obligatfons to which Lender would be errtitled in the everrt of any other defauft.
<br /> 4. TRANSFERS O�7HE PROPERTY OR BENEFICIAL INTERESTS IN GRANTORS OR BORROWER3. In the everrt of a sale,conveyance, lease,
<br /> cornract for 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 benefldal
<br /> i►rterest in Borrower or Grantor(if Borrower or Grantor is not a natural person or persons but is a corporation,Nmited liability company,partnership,trust,or
<br /> other legal errtiry),Lender may,at fts option dedare the outstanding prinapal balance of the Obligations plus accrued irrterest thereon immediately due and
<br /> payable. At Lender's request,GraMor or Borrower,as the case may be,shall fumish a complete statemerrt setting forth all of fis stodcholders,members,or
<br /> partners,as appropriate,and the exterrt of their respective ownership irrterests.
<br /> 5. ASSIGNMENT OF RENTS. In consideration of the Obligations,which are secured by this Deed of Trust, Grantor absolutely assigns to Lender all
<br /> Grantor's estate, right, tiUe, interest, daim and demand now owned or hereafter acquired in all existing and future leases of the Property (induding
<br /> extensions,renewa�s and subleases),all agreemerrts for use and oa��pancy of the Properry(a11 such leases and agreemerrts whether written or oral,are
<br /> hereafter referred to as the"Leases"),and all guaraMies of lessees'pertom�ance under the Leases,together with ihe imnediate and coMinuing rigM to
<br /> collect and receive all of the rerrts,income,receipts,revenues,issues,profits and other income of any nature now or hereafter due(induding any income of
<br /> any nature coming�e during any redemption period)under the Leases or from or arising out of the Property induding minimum rerrts,additional rems,
<br /> percentage rerrts, parldng or cormion area maiMenance corrtributions, tax and insurance contributions, defiaency rents, liquidated damages following
<br /> defaufl in any Lease, all prooeeds payable under any policy of insurance covering loss of rents resulting from umenarrtability caused by destruction or
<br /> damage to the Property, all prooeeds payable as a result of a lessee's exerdse of an option to purchase the Property, all proceeds derived from the
<br /> temiination or rejection of any Lease in a banlwptcy or other insolvency proceeding,and all proceeds from any rigMs and daims of any Idnd which Grantor
<br /> may have against any lessee under the Lsases or any oxupants of the Property(all of the above are hereafter oollectively referred to as the"Rerrts"). This
<br /> assi ment is subject to the rigM,power and authoriry given to the Lendet to collect and apply the Rerrts. Thia assignment is recorded in axordsnce with
<br /> p �e state law;the lien created by this assignmerrt is IMended to be spedflc,pertected,and choate upon the recording of this Deed of Trust,all as
<br /> ro�v�'ded by applicable state law 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 Rems 1rom the Leases when�e and to use such prooeeds in Grantor's business operations. However.Lender
<br /> may at any time require GraMor to deposit all Rerrts iMo an axouM meintained by Grarnor or Lender at Lender's institution. Upon defauft in the payment
<br /> of,or in the performanoe of,any of the Obligations,Lender may at its option take possession of the Property and have,hoid,manage,lease and operate the
<br /> Property on terms and for a period of time that Lender deems proper. Lender may proceed to collect and receive all Rerrts from the property,and Lender
<br /> shall have full power to meke alterations,renovallons,repairs or replacemerrts to the Property as Lender may deem proper. Lender may apply all ReMs in
<br /> Lender's sole discretion to paymern of the Obligations or to the paymerrt of the cost of such alterations,renovations, repairs and replacemerrts and any
<br /> expenses inddent to taldng and retaining possession of the Property periodically and the managemem and operation of the Properry. Lender may keep the
<br /> Properry prope�iy insured and may discharge any taxes,charges,dalms,assessmerrts and other liens which may accxue. The expense and cost of these
<br /> adions may be paid from the ReMs received,and any unpaid amounts shatl be added to the prinapel of the Obligations. These amounts,together with
<br /> other costs,shall become part of the Obligations secured by this Deed of Trust.
<br /> 6. USE AND MAINTENANCE OF PROPERTY. Grarrtor shall take all actions and make any repairs needed to maintain the Property in good condhion.
<br /> GraMor shall not oorTmit or pemrt any waste to be cortmitted with respect to the Property. Grantor shall use the Property solely in oompliance with
<br /> applicable law and insurance polides. Grarnor shall not make any alterations,additions or improvements to the Property without Lender's prior written
<br /> consent. Without limiting the foregoing,all atterations,additions and improvements made to the Property shall be subject to the benefldal interest belonging
<br /> to Lender,shall not be remcved without Lender's prior written consern,and shall be made at Grantor's sole expense.
<br /> 7. LOSS OR DAMAGE. Grantor shall bear the entire risk of any loss,theft,destruction or damage(currulatively"Loss or Damage")to the Property or any
<br /> portion thereof(rom any cause whatsoever. In the event of any Loss or Damage,Grarrtor shall,at the option of Lender,repair the affected Property to its
<br /> previous condition or pay or cause to be paid to Lender the decrease in the fair marlcet value of the affected Property.
<br /> 8. INSURANCE. The Property will be kept insured for its full insurable value(replacement cost)against all hazards induding loss or damage caused by
<br /> flood,earthquake, tomado and flre,the(t or other casualty to the exterrt required by Lender. GraMor may obtafn insurance on the Property bom such
<br /> companies as are axeptable to Lender in its sole discretion. The insuranoe polides shall require the insurance company to provide Lender whf�at least
<br /> 30 days'written notice before such poiides are altered or cancelled in any manner. The insurance poliaes shall name Lender as a loss
<br /> payee an pro that no act or omission of Grarrtor or any other person shall affect the right of Lender to be paid the insurance proceeds pertaining to the
<br /> loss or darnage of the Property. In the evern Grantor fails to acquire or meiMain insurance,Lender(after providing notice as may be required by law)may
<br /> in its discretion procureappropriate insurance coverage upon the Properry and the insurance cost shall be an advance payable and bearing irrterest as
<br /> descxibed in the "REIMBURSEMENT OF AMOUNTS EXPENDED BY LENDER" paragraph and secured hereby. Grantor shall fumish Lender with
<br /> evidence of insurance indicating the required coverage. Lender may act as attomey-in-fact for Grantor in rneking and settling daims under (nsurance
<br /> polides,cancelling any policy or endors(ng Grantor's name on any draft or negotiable instrumerrt drawn by any insurer. All such insurance policies shall be
<br /> imrr�ediately assigned,pledged and delivered to Lender as further security for the Obligations. In the evern of loss,Grarnor shall immediately gNe Lender
<br /> written notice and Lender is authorized to make proof of loss. Each insurance compeny is direcled to make paymeMs directly to Lender instead of to
<br /> Lender and Grarnor. Lender shall have the ri�t, at hs sole option,to apply such monies toward the Obflgations or toward the cost of rebuilding and
<br /> restoring the Property. Any amourtts 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 covenants affecting the
<br /> use of the Properry without Lender's prlor written conserrt. If Grarnor's use of the Property becomes a nonconforming use under any zoning provision,
<br /> Grantor shall not cause or pem�it such use to be disoorrtinued or abandoned whhout the prior written consern of Lender. Grantor will irtmediately provide
<br /> Lender with written notioe of any proposed changea to the zoning provisions or private covenaMs affecting the Property.
<br /> 10. CONDEMNATION. GraMor shall irrrnedtatety provide Lender with wrltten notice of any actual or threatened condermation or emineM domain
<br /> proceeding pertaining to the Property. All monies payable to Grarrtor from such condemnation or taldng are hereby assigned to Lender and shall be applied
<br /> first to the paymern of Lender's attomeys'fees,legal expenses and other costs pnduding appraisal fees)in connection with the condetmation or eminerrt
<br /> domain procee�ngs and then,at the option of Lender,to the payrnerrt of the Obligations or the restoration or repair of the Property.
<br /> NEDOTB Rev.1?A7
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