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200308465
<br />to, nor is Borrower aware of any basis for, any federal, state or local agency
<br />investigation, administrative order, consent order or decree, litigation, or
<br />settlement regarding the existence of Hazardous Substances on or under the
<br />Property or the use, generation, or disposal thereof by Borrower or any tenant or
<br />previous owner or tenant. The Property is and at all times has been in compliance
<br />with Applicable Environmental Laws. No notice, demand, claim, or other
<br />communication has been received by Borrower or any tenant from any
<br />governmental or other entity or individual claiming any violation of or demanding
<br />compliance with any Applicable Environmental Law, or demanding payment,
<br />contribution, remedial action or any other action or inaction with respect to any
<br />actual or alleged environmental damage or condition. THE FOREGOING
<br />WARRANTIES AND REPRESENTATIONS , AND BORROWER'S
<br />OBLIGATIONS PURSUANT TO THIS PARAGRAPH 12 (i), SHALL
<br />SURVIVE REPAYMENT OF THE NOTE AND THE RECONVEYANCE OF
<br />THIS DEED OF TRUST.
<br />13. CONDEMNATION. Borrower shall promptly provide Lender with notice of any
<br />condemnation, eminent domain, change of grade or other proceedings with respect to the
<br />Property. All moneys and awards payable as damages and /or compensation for the taking of title
<br />to or possession of, or for damage to, or on account of change of grade affecting, any portion of
<br />the Property by reason of any condemnation, eminent domain, change of grade, or other
<br />proceeding shall, at the option of the Lender, be paid to the Lender, and such moneys and awards
<br />are hereby assigned to Lender, and judgment therefor shall be entered in favor of Lender, and
<br />when paid shall be used at its option toward the payment of any indebtedness, taxes, assessments,
<br />repairs or other items for the payment of which this Deed of Trust is given as security, whether
<br />the same be then due or not and in such order or manner as Lender may determine, or for the
<br />restoration or repair of the Property, and any amount not so used shall be released by the Lender
<br />to the Borrower. Such application or release shall not cure or waive any default or notice of
<br />default hereunder or invalidate any act done pursuant to such notice.
<br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds
<br />to Principal shall not extend or postpone the Due Date of the Installments referred to in
<br />Paragraphs 1 and 2 hereof or change the amount of such Installments.
<br />14. BORROWER NOT RELEASED. Extension of the time for payment or
<br />modification of amortization of the sums secured by this Deed of Trust granted by Lender to any
<br />successor in interest or permitted assignee of Borrower shall not operate to release, in any
<br />manner, the liability of the original Borrower or Borrower's guarantors. Lender shall not be
<br />required to commence proceedings against such successor or assignee or refuse to extend time for
<br />payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of
<br />any demand made by the original Borrower or Borrower's guarantors.
<br />15. LENDER'S POWERS. Without affecting the liability of Borrower or any other
<br />person liable for the payment of any obligation secured hereby, and without affecting the lien or
<br />charge of this Deed of Trust upon any portion of the Property not then or heretofore released as
<br />security for the full amount of all unpaid obligations, Lender may, from time to time and without
<br />notice to Borrower (i) release any person so liable, (ii) extend or renew the maturity or alter any
<br />of the terms of any such obligations, (iii) grant other indulgences, (iv) release or reconvey, or
<br />cause to be released or reconveyed at any time at Lender's option any parcel, portion or all of the
<br />Property, (v) take or release any other or additional security for any obligation herein mentioned,
<br />or (vi) make compromises, settlements, or other arrangements with debtors in relation thereto.
<br />16. FORBEARANCE BY LENDER NOT A WAIVER. Any forbearance by Lender in
<br />exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a
<br />waiver of or preclude the subsequent exercise of any such right or remedy. Likewise, the waiver
<br />by Lender of any default by Borrower hereunder shall not be deemed to be a waiver of any other
<br />or subsequent default by Borrower hereunder. The procurement of insurance or the payment of
<br />taxes or other liens or charges by Lender shall not be a waiver of Lender's right to accelerate the
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