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<br /> � (c) fiil applicable Iaws and regulations, induding, without limitation, the Americans with Disabilities Act, 42 U.S.C. Section 12101 et seq. (and all
<br /> regulations promulgated thereunder)and all zoning and building Iaws 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 with in all material respects,and all rigMs, lioenses,
<br /> pemits,and certiflcates of oocupancy(indud(ng but not limited to zoning variances,special exceptions for nonoonforming uses,and final inspection
<br /> approvats), whether temporary or pemianent, which are material to the use and occupancy of the Property, preserrtly are and shall be obtained,
<br /> preserved and,where necessary,renewed; ,
<br /> (d) GraMor has the rigM and is duly authorized to execute and perform its Obligations under this Deed of Trust and these actions do not and shalf nof
<br /> conflict with the provisions of any statute,regulation,ord'inance,rule of Iaw,cornract or other agreemerrt which may be bin�ng 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 /> (� Grarrtor has not violated and shafl not violate any statute,regulation,ordinance,rule of law,corrtract or other agreemerri(induding,but not�Umited to,
<br /> those goveming Hazardous Materfals)which migM materially affect the Property or Lender's rigMs or irrterest in the Property pursuant to this Deed of
<br /> Trust.
<br /> 3. PRIOR DEEDS OF TRUST. Grarrtor represerrts and warrants 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 Trust,which Grarnor agrees to pay and perfortn in a timely manner. If there are any prior deeds of trust then :
<br /> Grantor agrees to pay atl amourrts owed,and perform all obligations required,under such deeds of trust and the indebiedness secured thereby and further :
<br /> agrees that a default under any prior deed of trust shall be a defauft under this Deed of Trust and shall entitle Lender to all rights and remedies contained :
<br /> herein or in the Obiigattons to which Lender would be errtitled in the everrt of any other defauft.
<br /> 4. TRANSFERS OF THE PROPERTY OR BENEFICIAL INTERESTS IN GRANTORS OR BORROWERS. In the eveM of a sate,conveyance,lease,
<br /> corn►act 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 /> 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 errtiry) Lender may,at its option dedare the outstanding prinapal balance of the Obligations plus accrued irnerest thereon irm�ediately due and :
<br /> payable. At Lender's request,Gramor or BoROwer,as the case may be,shall fumish a complete statemern setting forth all of its stodcholders,members,or
<br /> partners,as appropriate,and the extent of their respective ownership irrterests. :
<br /> 5. ASSIGNMENT OF RENTS. In consideration of the Obligations,which are secured by this Deed of Trust, Gramor absolutely assigns to'Leniler all
<br /> GraMor's estate, right, title, iriterest, daim and demand now owned or hereafter acquired in all existing and future leases of the Property'(indutling :
<br /> extensions,renewais and subleases),all agreements for use and oa;upancy of the Property(all such leases and agreemerrts whether written'o'r oraE;8re
<br /> hereaRer referred to as the"Leases"),and all guararrties of lessees'performance under the Leases,together with the irmiediate and coMinuin`g►iglit to
<br /> collect and receive all of the rerrts,income,receipts,revenues,issues,profits and other income of any nature now or hereafter due(indu�ing any�incortr�:of
<br /> any nature coming due during any redemplion period)under the Leases or from or arising out of the Property induding minimum rems,additional renfs,
<br /> percemage rerrts, parking or coimion area maiMenance contributions, tax and insurance contributions, defiaency rents, liquidated damages fallowing :
<br /> defaufl in any Lesse, all proceeds payable under any poflcy of insurance covering loss of rents resufting from untenarrtabiliry caused by destruct)on or
<br /> damage to the Properry, all proceeds payable as a result of a lessee's exercise of an option to purchase the Properry, all proceeds derived�ttom the
<br /> termination or rejection of any Lease in a banlwptcy or other insoNency proceeding,and all proceeds from any rigMs and daims of any Idnd which Grantor
<br /> may have agafnst any lessee under the Leases or any oxupants of the Property(all of the above are hereafter collectively referred to as the"Rerrts"): This
<br /> assignment is subject to the rigM,power and authoriry given to the Lender to collect and apply the Rerns. This assignmerrt is recorded in accordanoe with
<br /> applicable state Iaw;the lien created by this assignmeM is irrtended to be specific,pertected,and choaie upon the recording of this Deed of Trust,all as
<br /> provided by applicable state law as amended from time to time. As long as there is no defauft under the Obligaiions or this Deed of Trust,Lender grarns
<br /> Grantor a revocable Iloenae to collect all Rents from the Leases when due and to use such proceeds in Grarrtor's business operations. However,Lender :
<br /> may at sny time require GraMor to deposit all Rerrts into an account malrrtalned by Grantor or Lender at Lender's institution. Upon default in the paymeM
<br /> of,or in the performance of,any of ihe Obligations,Lender may at its option take possession of the Property and have,hold,manage,lease and operate the :
<br /> Pro y on terms and for a period of time that Lender deems proper. Lender may proceed to collect and reoeive ail Rents from the property,and Lender
<br /> I have full power to rt�ake atterations,renovations,repairs or replacemerrts to ihe Property as Lender may deem proper. Lender may apply all Rerrts in ,
<br /> Lender's sole discretlon to paymerrt of the Obligations or to the payment of the cost of such alterations,renovations, repairs and replacemerrts and any
<br /> expenses inaderrt to taking and retaining possession of the Property perfodically and the managemerrt and operation of the Property. Lender may 14eep the
<br /> Property properly insured and may discharge any taxes,charges,daims,assessmeMs and other liens which may aaxue. The expense and cost of these :
<br /> aclions may be paid from the Aerrts received,and any unpaid amourns shall be added to the principal of the Obligations. These amourrts,to�ether with :
<br /> other costs,shall become part of the Obligations secured by this Deed of Trust. :
<br /> 6. USE AND AAAINTENANCE OF PROPERTY. Grantor shall take all actions and make any repairs needed to maiMain the Property 1n good condition.
<br /> GraMor shall not cormit or pemit any waste to be corrMtted with respect to the Property. Grarrtor shall use the Property solely in cortplfance with
<br /> applicabie Iaw and insurance poliaes. Grantor shall not make any atterations, additions or improvemerris to the Property without Lender's prior written
<br /> consent. WNhout Iimiting the foregoing,all alterations,additions and improvemerrts made to the Property shall be subject to the bene8cial irrterest belonging
<br /> to Lender,shall not be removed without Lender's prior written consent,and shall be made at Grarrtor's sole expense.
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<br /> 7. LOSS OR DAMAGE. Grarnor shall bear the errtire risk of any loss,theft,destruction or damage(cumulatively"Loss or Damage")to the Property or,�rly
<br /> portion thereof irom any cause whatsoever. In the eveM of any Loss or Damage,Grarrtor shall,at the option of Lender,repair the affected Property 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 Property.
<br /> 8. INSURANCE. The Property will be kept insured for its full insurable value(replacement cost)against all hazards induding loss or damage.'caUS�d'by
<br /> flood,earthquake, tomado and fire,theft or other casualty to the extent requfred by Lender. Gramor may obtain insurance on the Property trotn`suc�i :
<br /> corr�anies as are acoeptabie to Lender in its sole discret(on. The insuranoe poliaes shall require the Insuranoe oompany to provide Lender with at least '
<br /> 30 days'written notice before such polides are altered or cancelled in any manner. The insurance polides shall name Lender'as a�oss
<br /> payee an prov that no act or omission of Grantor or any other person shall affect the rigM of Lender to be paid the insurance prooeeds pertaining to the
<br /> loss or dart�age of the Property. In the everrt Grantor fails to acquire or maimain insuranoe,Lender(after providing notice as may be requfred by law)may
<br /> in fts�s�xetion procureappropriate insuranoe coverage upon the Property and the insurance cost shall be an advance payable and bearing i►nerest as
<br /> described in the "REIMBURSEMENT OF AMOUNTS EXPENDED BY LENDER" paragraph and secured hereby. Grantor shall tumish Lender wNh
<br /> evidence of inaurance indicating the required coverage. Lender may act as attomey-in-fact for Grantor in maldng and settling daims under,JnsurBnce :
<br /> polides,cancelling any policy or endorsing Grarrior's name on any draft or negotiable instrumerrt drawn by any insurer. All such insurance po8aes shaU bg :
<br /> inrr�ediately assigned,pledged and delivered to Lender as further security for the Obligations. In the event of loss,Grantor shall irtrnet�ately give Lend�r
<br /> wrfiten notioe and Lender is authorized to make proof of loss. Each insurance company is directed to make paymer�ts�rectly to Lender instead of tp
<br /> Lender and Grantor. Lender shall have 1he rigM, at its sole option,to apply such monies toward the ObUgations or toward the cost of rebuilding,an51
<br /> restoring the Property. My amouMs may at Lender's option be applied in the inverse order of the due dates thereof. �
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<br /> 9. ZONING AND PRIVATE COVENANTS. Grarnor shall not initiate or conserrt to any change in the zoning provisions or private covenants affecliitglhe
<br /> use of the Property without Lender's prior written conserrt. If Grarnor's use of the Property becomes a nonconforming use under any zoning provision,
<br /> Grarnor shall not cause or pemrt such use to be discorrtinued or abandoned without the prior written consern of Lender. Grantor will irm�edfately provide
<br /> Lender wflh written notioe of any proposed changes to the zoning provisions or private covenants affecting the Property. :
<br /> 10. CONDF.AMIATION. GraMor shall immediaiely provide Lender with written notice of any actual or threatened condermation or eMnent`dort�aih
<br /> proceeding pertaining to the Property. All monies payable to Grarnor from such condermation or taldng are hereby assigned to Lender and shall°be apj$liqti
<br /> 8rst to the paymeM of Lender's attomeys'fees,legal expenses and other costs(induding appraisal fees)in connection wfth the condermation or emirie�it
<br /> domein proceedings and then,at the option of Lender,to the paymerrt of the Obligations or the restoration or repair of the Property. �.t,
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<br /> NEDOTBRev.l?/87 Ut �����, I
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