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DEED OF TRUST
<br />Loan No: 776465 200301441 (Continued) Paget
<br />Lender has made no representation to Trustor about Borrower ( including without limitation the creditworthiness of Borrower).
<br />TRUSTOR'S WAIVERS. Truster waives all rights or defenses arising by reason of any "one action' or "anti- deficiency" law, or any other
<br />law which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise
<br />entitled to a claim for deficiency, before or after Lender's c(rvmencement or completion of any foreclosure action, either judicially or by
<br />exercise of a power of sale.
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness
<br />secured by this Deed of Trust as it becomes due, and Borrower and Truster shall strictly perform all their respective obligations under the
<br />Ni this Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession and use of
<br />the Property shall be governed by the following provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Truster may (1) remain in possession and control of the Property;
<br />12) use, operate or manage the Property; and (3) collect the Rents from the Property.
<br />Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve its value.
<br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: 111 During the period of Trustor'. ownership
<br />of the Property, inure has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance by any person on, under, about or from the Property; LM Trustor has no knowledge of, or reason to believe
<br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, let any breach or violation of any
<br />Environmental Laws, (I any use, generation, manufacture, storage, treatment disposal, release or threatened release of any
<br />Hazardous Substance an, under, about or from the Property by any prior owners or occupants of the Property, or Icl any actual or
<br />threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and
<br />acknowledged by Lender In writing la) neither Trustor nor any tenant, contractor, agent or s
<br />other authorized u of the Property
<br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property;
<br />and (b) any such artivity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and
<br />ordinance., including without limitation all Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property
<br />to make such Inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the Property
<br />with this section of the Deed of Trust. Any inspect;... or tests made by Lentler shall be far Lender's purposes only and shall not be
<br />construed to create any responsibility or liability on the part of Lender to Truster or or any either person. The representations and
<br />warranties contained herein are hasad on Trustor's due diligence in investigating the Property for Hazardous Substances. Truster
<br />hereby (t) releases aria waives any future claims against tender far 'indemnity or contribution In the event Trustor becomes liable for
<br />cleanup or other costs under any such laws: and (2) agrees to indemnify and hold harmless Lender against any and all claims, losses,
<br />liabilities, damages, penalties, and expenses which Lender may directly or Indirectly sustain or suffer adding from a breach of this
<br />section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release
<br />occurring prior to Trustor's ownership or interest In the Property, whether or not the same was or should have been known to Trustor.
<br />The provisions of this section of the Deed of Trust, including the obligation to Indemnify, shall survive the payment of the
<br />Indebtedness and the satisfaction and reconveyance of the lien of this Deed of trust and shall not be affected by Lender's acquisition
<br />of any Interest in the Property, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffar any stripping of or waste on
<br />or to the Property or any portion of the Property. Without limiting the gene allty of the foregoing, Trustor will not remove, or grant to
<br />any other party the right to remove, any timber, minerals Including oil and gas), coal, clay, scoria, soil, gravel or rock products
<br />without Lender's prior written c resent.
<br />Removal of Improvements. Trustor shall not demolsh or remove any Improvements from the Real Property without Lender's prior
<br />written consent. As a condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory
<br />to Lender to replace such Improvements with Improvements of at least equal value.
<br />Leader re Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to
<br />attend to Lender's interests and to inspect the Real Properly for purposes of Ti compliance with the terms and canditlons of
<br />this Dead nt Treat.
<br />Compliance with Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, and regulations, new or
<br />hereafter In effect, of all governmental authorities applicable to the use cupancy of the Property, including without limitation, the
<br />Americans With Disabilities Act. Trustor may contest in good faith any such law, ordinance, or regulation and withhold compliance
<br />during any proceeding, including appropriate appeals, so long as Trustor has notified Lender in writing prior to doing out and so long as,
<br />IF) Lender sale opinion, lender's interests in the Property are not jeopardized. Lender may require Trustor to post adequate security
<br />or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest.
<br />Duty to Protect. Trustor agrees neither to abandon or leave unattended the Property. Trustor shall do all other acts, In addition to
<br />those acts set forth ahave in this section, which from the character and use of the Property are reasonably necessary to protect and
<br />preserve the Property.
<br />TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust:
<br />Payment. Trustor shall pay when due land in all events prior to delinquencyl all taxes, special taxes, assessments, charges (including
<br />water and sewer), fines and Impubumed levied against or on account of the Property, and shall pay when due all claims for work done
<br />on or for services rendered or material furnished to the Property. Trustor shall maintain the Property free of all liens having priority or equal to the interest of Lender under this Deed of Trust except for the lien of taxes and assessments nut due, except for the
<br />Existing irting Indebtedness referred to below, and except as otherwise provided in this Deed of Trust
<br />Right to Contest. Trustor may withhold payment of any lax, assessment, or claim in connection with a good faith dispute over the
<br />obligation to pay, so long as Lender a Interest In the Property Is not jeopardized- If a lien arises or Is filed as a result of nonpayment,
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