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DEED OF TRUST -
<br />Loan No: 776791 200302283 (Continued) Paget
<br />Possession antl Use. Unlit the accouter.. of an Event of Default Truster may (1) remain In possession and control of the Property; (2)
<br />use operate or manage the Property; and (3) collect he 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 (1) During the period. of Trustor's ownership of
<br />the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous
<br />Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe that there has been,
<br />except as previously disclosed to and acknowledged by Lender in wri ing, (a) any breach or violation of any Environmental Laws, th any
<br />use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or
<br />from Me Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any
<br />person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor
<br />any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any
<br />Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable
<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 to make such Inspections and tests, at Trustors expense, as Lender may deem appropriate to
<br />determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's
<br />purposes only and shall not be construetl to create any responsibility or liability on the part of Lender to Trustor or to any other person. The
<br />representations and warranties contained herein are based on Trusters due diligence in investigating the Property for Hazardous
<br />Substances. Truster hereby (1) releases and waives any future claims against Lender for indemnity or contribution in me event Trustor
<br />becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnity and hold hornless Lender against any and all
<br />claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or Indirectly sustain or suffer resulting from a breach
<br />of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, iff" at release or threatened
<br />release occurring prior to Torsions ownership or interest in Me Property, whether or not Me same was or should have been known to Trustor.
<br />The provisions of this section of the Deed of Trust, Including the obligation to indemnity, shall survive the payment of Me Indebtedness and
<br />the satisfaction and reconveyance of the lien of this Dead of Trust and shall not be affected by Lender's acquisition of any interest in the
<br />Property, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to
<br />the Property or any portion of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant to any other
<br />party Me right to remove, any timber, minerals (Including oil and gas), coal, clay, wants, soil, gravel or rack products without Lender's prior
<br />written consent.
<br />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without Lender's prior written
<br />consent. As a condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory to Lender to
<br />replace such Improvements with Improvements of at least equal value.
<br />Lender's 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 Property for purposes of Trustors compliance with the terms and conditions of this Deed
<br />of Trust.
<br />Compliance with Governmental Requirements. Trustor shall promptly comply with all laws, eminences, and regulations, now or hereafter
<br />in effect, of all governmental authorities applicahle to the use or occupancy of the Property, including without limitation, the Americans With
<br />Disabilities Act. Trustor may contest In good faith any such law, ordinance, or regulation and withhold compliance during any proceeding,
<br />Including appropriate appeals, so long as Truster has notified Lender in writing prior to doing so and so long as, in Lenders sole opinion,
<br />Lender's interests in the Property are not jeopardized. Lender may require Trustor to post adequate security or a surety Mind, reasonably
<br />satisfactory to Lender, to protect Lenders Interest
<br />Duty to Protect. Trustor agrees neither to abandon or leave unattended the Property. Trustor shall do all other acts, in addition to those
<br />acts set form above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the
<br />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 (and In all events prior to delinquency) all taxes, special taxes, assessments, charges (including water
<br />and sewer), fines and impositions levied against or 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 Property. Truster shall maintain the Property free of all liens having priority over or equal to the
<br />interest of Lender under this Deep of Trust, except for the lien of taxes and assessments not due and except as otherwise provided in this
<br />Used of Trust.
<br />Right to Contest Trustor may withhold payment of any tax, assessment or claim in connection with a good faith dispute over the obligation
<br />to pay, so long as Lender's Interest in the Property Is not jeopardized. It a lien arises or Is filed as a result of nonpayment, Trustor shall within
<br />fifteen (15) days after the lien arises or, if a lien Is filed, within fifteen (15) days attar Trustor has notice of the fling, secure the discharge of the
<br />lien, or if requested by Lender, deposit with Lender cash or a suf n ont corporate surety bond or other security satisfactory to Lender in an
<br />amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges Mat could accrue as a result of a foreclosure or
<br />sale under the lien. In any contest, Trustor shall defend itself and Lender and shall satisfy any adverse judgment before enforoemert against
<br />the Property. Truster shall name Lender as an Additional obligee under any surety bond furnished In the contest proceedings.
<br />Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall
<br />authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the
<br />Property.
<br />Notice of Construction. Truster shall notify Lender at least fifteen (15) days opiate any work Is commenced, any services are furnished, or
<br />any materials are supplied to the Property, if any mechanic's lien, madualmen's lien, or other lien would be assenad en account of the work,
<br />services, or materials Trustor will upno request of Lender furnish to Lender advance assurances satisfactory to Lender that Trustor can and
<br />will pay the cost of such Improvements
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