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<br /> (c) p�� applicable laws and re�lations, including,without limitation,the Ame�icans with Disabilities Ad, 42 U.S.C. Section 12101 et seq• (and a�� �
<br /> regulations promulgated lhereunder)and all zoning and building laws and regulations relating to the Properry by virtue of any federal,state or munidpai ,
<br /> authority with jurisdiction over the Properry,preserrtly are and shall be observed and complfed wfth in all material respects,and all righta, Ikenaes.
<br /> pemrts,atxi certificates of oxupancy(induding but not limited to zoning variances,special exceptions for nonconfortning usea,and 8nal inspection
<br /> epprovals), whether temporary or permaneM,which are material to the use and oaupancy of the Property, presenlly ere and ahe�� be cbtained.
<br /> preaerved and,where necessary.renewed;
<br /> (� (3raMor haa the rigM and is du�Y authorized to execute and perfoRn its Obligatfons under this Deed of Trust and these actfona do not and ahall not
<br /> conflfct with the p►ovisiona of any statute,regulation,ordinance,rule of law,contracl or other agreemerrt which may be bindin9 on arema at anY time;
<br /> (e) No adfon or proceeding is w shall be pending or threatened which m(ght materially affect the Properly;and
<br /> (� Grantor has not violated and shall not violate any statute,regulation,ordinance,rule of law,cornract or other agreement(including,but not limited to,
<br /> those goveming Hazardous Materials)which might materially affect the Properry or Lender's rights or interest in the Property pursuarn to this Deed of
<br /> Trust.
<br /> 3. PRIOR DEEDS OF TRUST. Grantor represerrts and warrants that there are no prior deeds of trust affecting any part of the Prope�ly except as set forth
<br /> on Schedule B attached to this Deed of Trust,which Grantor agrees to pay and perform in a timely manner. If there ate any prior deeds of trust then
<br /> G�a�gree$to pey a11 amoums owed,and perform all obligations required,under such deeds of trust and the indebtedness secured thereby and further
<br /> ��ei^ 1�in tehe�pb0�tbnsrto wh di�Lender wouldtbe errtftled in�the evern oftany ot�he�r def nt and shall errtitle la�der to all►ights and remecaes oontained
<br /> 4. TRANSFERS OF THE PROPERTY OR BENEFICIAL INTERESTS IN GRANTORS OR BORROWERS. In the event of a sale,oomreyanoe.�eaae.
<br /> corriraG for deed or ttansfer to any person of all or any part of the real property described in Schedu�loe A,or any irnerest therein,or of all w��yi benefldal
<br /> imerest in Borrower or Grantor pf Borrower or GraMor is not a naturat person or persons but is a co ration,limited liability company.part P.
<br /> other legel emitY),Lender meY�at i1s option declare the outstanding principal balance of the Obiigations plus aaxued irrterest thereon irtrnediately due and
<br /> payable. At Lender's request,Grantor or BoROwer,as the case may be,shall fumish a complete statement setting forth all of its stockholders,members,or
<br /> pariners,as appropriate,and the extent of their respective ownership irderests.
<br /> 5, ASSIGNMENT OF RENTS. In consideration of the Obligations,which are secured by this Deed of Trust, Gramor absolutely aasigns to Lender all
<br /> Grarrtor's estate, �ight, title, irnerest, daim and demand now owned or hereaiter acquired in all existing and future leasea of the Properry (including
<br /> extensi�s,renewais and subleases),all agreements for use and oa:upancy of the Property(all such leases and agreemerris whether wrilten or oral.ere
<br /> hereaiter referred to as the"Leases'�,and all guaranties of lessees'perfom�ence under the Leases,together with the irtxr�ate and corninuing rigM to
<br /> cdleq and recefve all of the rerrts,income,receipts,revenues,issues,proflts and other fncome of any nffiure now or hereaiter due(induding arry income of
<br /> �Y���mir�g due during any redemption period)under the Leases or from or arising out of the Property induc�ng mnimum rems,add'rtlonal re�is,
<br /> ��� reMs, parking ar oorm�on area meirnenance coMributions, tax and insurance corriributions, deflaency rerrts, liquidated dameges following
<br /> default in any Lease.aU Proceeds PaYable��d��Y P°licy of insurance covering loss ofrnrents rPsuhing from uMe��lity�sed bY desiruclion or
<br /> darrege to the Property, ali proceeds peYable as a resuh of a lessee's exercise of an o ion to rchase the Pro all oceeds dsrived from the
<br /> tem�ation a reje�1��of�y�eaae In a banlwptcy or other insotvency proceeding,and all proceeds from any rigMs and daims of any Wnd which Gramor
<br /> may havea�nst any lessee under the Leases or any oa:upams of the Property(all of the above are hereaher col�ectively referred to as the"Rerris"). Thia
<br /> as ment fs subject to the right,p�ver and authority given to ihe Lender to collect and apply the Rerrts. This assignmerrt Is recorded in exotdenoe wiri►
<br /> appl�icable state law;the lien created by this assignmem is iMended to be specific,perfected,and choate upon the recording of this Deed of Truat,all as
<br /> provided by applicable state law as amended irom time to time. As long as there is no default under the Obligations or this Deed of Trust.Lender grama
<br /> Granttor a revoceble license to collect all RerAs from the Leases when due and to use such proceeds in GraMor's business operations. However.Le�der
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<br /> may at any time require Grantor to deposit all ReMs irrto an axount maintained by Gramor or Lender at Lender's institution. Upon defaufl in t e payme
<br /> of,or in the perfomie►we ct.anY of the Obligations,Lender may at its optlon take possession of the Property and have,hold,manage,lease and operate the
<br /> property on tem�s and for a period ot time that Lender deems proper. Lender may proceed�c co��ect a�d receive ail ReMs i`'%he�perty,a�nldR�der
<br /> sharl have tull power to rt�tke alterations,renovations,repairs or replacements to the Pro as Lender ma deem ProPe• , Y ePP�Y
<br /> Lender's sole discretion to payment ot the Obligations or to the payment of the cost of such afterations,renovations, repa�rs and replaoementa and any
<br /> expenses inadent to talcing and retaining possession of the Property periodically and the managemeM and o ration of the Property. Lender mey keep the
<br /> ta
<br /> pro�y p�op��y i�sured and may dfscharge any taxes,charges,dalms,assessmeMs and other liens whi may aoaue. The expenae and cost of lhese
<br /> aqions may be pe�d from ihe Rerrts received,and any unpaid amounts shall be added to the prindpal of the Obtigations. These amcunta,together with
<br /> other costs,shali beoort�e part of the Obligations secured by this Deed of Trust.
<br /> 8. USE AND MAINTENANCE OF PROPERTY. Grarnor shall take all actions and make any repeirs needed to maintain the Property in good oondition.
<br /> Grantcr shall not comrrt or permit any waste to be cortxr�tted with respect to the Property. Grantor shall use the Properly solely in oompliance with
<br /> app�icable law and insurance policies. Grantor shall not rr�ake any allerations,additions or improvements to the PropeAy without Lender's prior written
<br /> co�sent. Without limiting the foregoing,all atterations,additions and improvemerrts made to the Property shall be subject to the bene8cial irnerest belonging
<br /> to Lender,sha�i not be removed without Lender's prior written consent,and shail be made at GraMor's sole expense.
<br /> 7. LOSS OR DAMAGE. Grantor shall bear the eMire risk of any loss,thett,destruction or damage(curnulatively"Loss or Dart�ge)to the Property or a►ry
<br /> p�tiO��hereof irom any���a�t�ver. fo��n�ethe decxea S n the f�m�aiicet value of�he affected Propert�ynder,repa�'r the affected Property to fls
<br /> previous condition or pey P�
<br /> 8. INSURANCE The Property will be kept insured for its full insurable value(replacement cost)against all hazards Induding bss or demage cauaed by
<br /> flood,earthquake,tomado and flre,thefi or other casualty to the exterrt required by Lender. Grantor may obtain insurance on the Property from such
<br /> oortpan(ea as are acceplable to Lender in its sole discretlon. The insurance policies shall require the insu►ance company ic Provide Len itF�w at least
<br /> 30 days'w�itten noNce before such polides are altered or cancelled in any manner. The insurance policfes shall na►ne Lender as a losa
<br /> payee an prov� that no act or omission of Grantor or any other person shall affect ihe right of Lender to be paid the insurance proceeds Pertaining to the
<br /> loss or damage of the Property. In the evern Grantor fails to acquire or malrriain insurance,Lender(after providing notice as may be req�lred by�aw)�Y
<br /> in Ns discredon procureapp�opriate insuranoe coverage upon ihe Property and the insurance cost shall be an advance payable and bearkig irrtereat as
<br /> deacribed fn the "REIMBURSEMENT OF AMOUNTS EXPENDED BY LENDER" paragraph and secured hereby. GraMor ahall fumfsh Lender with
<br /> evidence of insurance indicating the required coverage. Lender may act as ariomey-in-fact for Grentor in maWng and seriling daims under inauranoe
<br /> pdicie$,cancel�ing any policy a endorsing Grantor's name on any draft or negotiable instrumern drawn by any insurer. All such insuranoe polidea ahall be
<br /> imnedlately assigned,pledged and de�ivered 10 Lender as furlher security for the Obligations. In the event of loss,Grantor shall immediately give Lender
<br /> w�itten notke and Lender is authorized to make proof of loss. Each insurance company is directed to make paymerds directly to Lender inatead of to
<br /> Lender and Grarrtor. Lender shall have the rigM, at its sole option,to apply such monies toward the Obligations or toward the oost of rebuild(ng 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. 20NING AND PRIVATE COVENANTS. GraMor shall not initiate or conseM to any change in the zoning provisions or ptivate oovenarrts affeding the
<br /> use of the PropeAy without Lender's prior wtitten conserrt. If Grantor's use of the Properry becomes a nonconfom�ing use under any zoning proviswn,
<br /> Gramor shail not cause or permit such��� �to�the zon n r o�vis�ionseo wpriva etcove�narrts affecti g he Property. r. Grernor will imnediatelY provide
<br /> �ender wfih written notice of any propo 9e 9 Pr
<br /> 10. CONDEMNATION. Grarnor shall irm�ediately provide Lender with written notice of any actuai or threatened condermation or emineM domein
<br /> proceeding pertafning to the Property. All monies payable to Grantor from such condemnation or taldng are hereby assigned to Lender end shall be applfed
<br /> first to ihe paymenl of Lender's ariomeya'fees,legal expenses and other costs(induding appraisal fees)in connectfon with the condertriation or emineM
<br /> domain proceedings and ihen,at the option of Lender,to the payment of the Obligations or the restoration or repair of the Property.
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