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DEED OF TRUST
<br />Loan No: 776822 200302498 (Coninued) Page
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Truster agrees that Trustor's possession and use of the Property shall be
<br />governed by the following provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property;
<br />121 use, operate or manage the Property; and (3) collect the Rents from the Property,
<br />Duty to Maintain. Truster 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. Truster represents and warrants to Lender that: (1) During the period of Truster's ownership
<br />of the Property, there has been no e, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe
<br />that there has bean, except as previously disclosed to and acknowledged by Lander in writing, (a) any breach or violation of any
<br />Environmental Laws, Ibl any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance on, under, about or from the Property by any prior owners or Occupants of the Properly, or (of 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. (e) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property
<br />shall nice, generate, manufeative, ame, treat, dispose of or release any Hazardous Suhstance on, under, about or from the Property;
<br />and be any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations- and
<br />ordinances, 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 inspections or tests made by Lender shall be for Lender's purposes only and shall not be
<br />construed to create any responsibility or liability on the pert of Lender to Trustor or to any ether person. The repreSUntabons and
<br />warranties contained herein are based on Trustor's dun diligence in investigating the Property fur Hazardous Substances. Trustor
<br />hereby (1) releases and waives any future claims against Lender for indemnity or contribution io the event Trustor becomes liable far
<br />cleanup or ether 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 resulting 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 prier to Truster 'a u rship or interest In the Property, whether or not the s was or should have been known to Turner.
<br />The provisions of this section o
<br />of the Deed of Trust, including the obligation to indemnify, shall survive the payment of the
<br />Indebtedness and the satisfaction and recomayance 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 sutler any stripping of or waste on
<br />or to the Property or any portion of the Property. Without limiting the generality 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 rack products
<br />without Lender's prior written consent.
<br />Removal of Improvements. Trustor shall not demolish 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 Truster m make arrangements satisfactory
<br />to Lentler to replace such Improvements with Improvements of at least equal value.
<br />Lender 'a 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 Trustor's compliance with the terms and conditions of
<br />this Deed of Trust.
<br />Compliance with Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, and regulations, now Or
<br />hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the
<br />Americans With Disabilities Act. Trustor may contest in good faith any such law, ordinance, o regulation and withhold compliance
<br />during any concerning, including appropriate appeals, so long as Truster has notified Lender in writing prior to doing se and so long as,
<br />in Lender's role opinion, Lender's Interests in the Property are net jeopardized. Lender may require Trustor to post adequate security
<br />or a surety band 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 />these acts set froth above 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 (and in all events prior to delinquency) all taxes, special taxes, assessments, charges including
<br />water and sewer), fines and impositions levied against or on account of the Property, and shall pay when due all claims for work dune
<br />On Or for se rendered Or material furnished to the Properly- Truetur shall maintain the Property free of all liens having priority
<br />over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due and except as
<br />otherwise provided in this Dead 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
<br />obligation to pay, so long as Lender 'z interest In the Property is not jeopardized. It a lien arises or is filed as a result of nonpayment,
<br />Trustor shall within fifteen T 51 days after the lien arises or, if a lien is filed, within fifteen T 5) days after Truster has notice of the
<br />filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or
<br />other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' tees, or other charges
<br />that could accrue as a result of a foreclosure or sale under the lien. In any contest, Trustor shall defend itself and Lender and shall
<br />satisfy any adverse judgment before enforcement against the Property Trustor shall name Lender as an additional obligee under any
<br />surety Lund 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
<br />shall authorize the appropriate governmental official to deliver to Lander at any time a written statement of the taxes and assessments
<br />against the Property.
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