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2004121.45 DEED OF TRUST <br />Loan No: 101204823 <br />(Continued) <br />Page z <br />oury to <br />Maintain. Trustor shall maintain the Property In good condition and promptly perform all repairs, replacements, and maintenance <br />necessary to preserve it value. During the period of Tnistor's ownership of <br />Compliance Wlth Environments! Laws. Trustor represents and wernatts to Lan or tosal, (mime or threatened release of any Hazardous <br />the Property, there has been no use, generation, manufacture, stor ,Trustor has no knowledge of, Or reason to believe that there has been. <br />Substance by any person on, under, about or hom the Property. ( ) <br />except as previously ufact re, to and , teelmwe acknowledged dispose, h writing, (a) any breach or <br />threatened re ease of any violation <br />Hemrdous SubstanceEnvironmental <br />on, untl , about or <br />use, generation, manulatlure, storage, <br />from the Property by any prior owners or Occupants of the Property, or (c) any actual gp threatened litigation or claims of any kind to any <br />person resting to such matters; and (3) Except as previously disclosed to and acknowledged by Lander In writing, neither Trustor nor <br />any tenant, conlreclor, agent w other outherind user of the Property shall such enerateshetl be conr0uctetl In camp)ehe with all pliesbla <br />Hamrtlos Substance on, under, about w from the PropaM: end (b) y ty <br />federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and <br />its agents to enter upon the Property lo. make such ImpeoAons antl tests, at Tmstor's expense, as Lander may tleam appropriate 10 <br />determine compliance of the Property with this hclioA of the Dead of Trust. Any Inspections a tesh made by Lentler shall be for Lentlees <br />purposes only and shall not be construed to meet. any responsibility or liability on the pad of Lender to Truslor or to any other person. The <br />representations and warrantless contained herein are bond on Tmslor's due diligence in Investigating the Property for Hatardos <br />Substances. Truslor hereby (1) releases and waives any future claims against Lander for indemnity or contribution In the event Trustor <br />commas liable for cleanup or other cost es decd BzO noon which Lend., mayBA5dirny Or ndireC hold tai or suffer resu Nng from a breach and all <br />of this lasts, lie the damage. p manufacture, storage, disposal, release or threatened <br />of this section g the Geed of Trust or ea a consequence of any usewhetherhI, not the same was or should have been known to Trustor. <br />release occurring prior to Trustor's ownership or interest in the Properly, <br />The provisions of this sechn of the Dead of Trust, s Dead the obliged s to intlemnity, shell survive the payment of the Indebtedness and <br />the eafishcilon and reconveyene of the lien of this Deed o/ Trust and shell not be aHxtetl by Lentlers acquisition of any Interest in the <br />Property, whether by foreclosure or otherwise. <br />Nuisance, Wasle. Trustor shall not reuse, conduct or permit any nuisance nor commit, permit, or suffer any stepping of a waste on or to <br />the Property or any portion y timber,,ommineerals (including oil and ges)mcoal, clay, scone, soul. gravel a will <br />ock products without Lender's prior <br />pony the right to remove, any (including <br />written consent. <br />Removal of Improvements. Trustor shall not demollsh a remove any Improvements from the Reel Properly without Lender's poor written <br />consent. As a condition to the remove of any Improvements, Lander may require Tsstor to make arrangements satisfactory to Lender to <br />replace such Improvements with Improvements of at least equal value. May <br />attend to Lenders Interests and tort spec) the Real Property pertyfor purposes of Truster'. cormpliance with the terrms antl all <br />onditions of this Deed <br />of Trust. <br />Compliance Win Governmental Requirements. Trustor shall promptly comply with all laws, ortllnences, and regulations, new a hereafter <br />In affect, of all governmental authorities applicable to the use or occupancy of the Property. Truslor may contest in good faith any such law, <br />ordmance, or regulation and withhold compllance during any proceeding, including appropriate appeal-, so long es Trustor has notified <br />Lender in writing prior to doing so and so long as, in Lender's sole opinion. Lender'. interests in the Property ere not jepardued. Lender <br />may require Trustor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's Inleln$etltlition to those unattended DNy to Protect. Trusty agrees neither hich abandon or use of the Property amTreasonably do <br />ecesary other <br />o protect and preserve the <br />eels sal forth above in this section, <br />Property. st <br />TAXES AND LIENS. The following Provisions relating to the texas and liens on the Property are pan M this Dead of T J <br />Payment. Truslor shall pay when due (end In ail events poor to delinquency) all lazes, special fazes, assessments, charges (Including water <br />and sewer), fines and impositions levied against m on account of the Property, and shall pay when due all claims for work done on or for <br />services rendered or material furnished to the Properly. Trusty shall maintain the Properly hoe of all liens having priority over or equal to the <br />interest of Lender under this Dead of Trust, except for the lien of taxes and assessments not due and except se otherwise provided In this <br />Dead of Trust. <br />Right to Contest. Trustor may withhold payment of any tea, yeses -mail, or claim In connection with a gootl faith nonpayment, over the obligation <br />to pay, so long as Lender's Interest in the Property Is not jeolsartllzed. It a lien Irises or Is filed e6 a result of nonpayment, Trusiw shell within <br />fihen (15) days after the lien arises or, If a lien is fimil within fifteen (15) days after suety has or of Of the fling, secure the discharge Lander e of IM1e <br />Ilen, or if requested by Lander, deposit with Lander cash or a sufficient coop prate charges that could accNe ae atceault of aoforecllsure Or <br />amount sufficient to discharge the lien plus any costs and attormys' fees, <br />sale under the lien. In any contest, Trustor shall defend itself and Lender antl shell satisfy any adverse judgment before enforcement against <br />the Property. Truslor shall name Lentler as an additional obligee under any surety bond furnished in the contest proceedings. <br />Evidence of Payment. Trustor shall upon demand furnish to Lander sati ffil a Adence of payment of the taxes pr assessments and shall <br />authorize the appropriate governmental official to deliver to Lentler It any Arne a written statement OI the texas and assessments against the <br />Property. <br />Notice of Construction. Trustor shall notify Lender at least Wind (16) days before any work Is commenced, any Services are furnished, or <br />any materials are supplied to the Property, if any mechanic's lien, matedalmens lien, or other Ilan could be asserted on account of the work, <br />M <br />seces, or materials. Trustor will upon request Of Lender furnish to Lender advance essurenes .atlsfactory to Lender that Trustor can and <br />will pay the cast of such improvements. - <br />PROPERTY DAMAGE INSURANCE. The following provisions relating to Insuring the Property are a part of this Dead Of Trust. <br />Maintenance of Insurance. Trustor shall procure and maintain policies of fire Insurance with standard adorded coverage endorsements on <br />