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<br />of All applicable laws antl regulations, Including, without limitation. the Americans with Oisabilities Act, 42 U.S.C. Section 12101 at seq.
<br />land all regulations promulgated thereunder) and all zoning and building laws and regulations relating to the Property by virtue of any
<br />federal, state or municipal authority with jurisdiction over the Property, presently are and shall be observed and complaid special exceptions
<br />respects, antl all rights, licenses, permits, and certificates Of occupancy (including but not limited to zoning various.., p
<br />for nonconforming uses, and final inspection approvals), whether tumporary or permanent, which are materiel to the use and occupancy of
<br />the Property, presently are and shall be obtained, preserved and, where necessary, renewed,
<br />(dl Grantor has the right and is duty authorized to execute and perform Its Obligation of laver this Dee oof Trusta and these Orion. do but other
<br />and shall not contact with the provisions of any statute, regulation, ordinance,
<br />bidding On Grantor at any lime;
<br />hn No action air proceeding )s or shall be pending) or threatened which might materially affect the Property; and
<br />(if Grantor has not violated and shall not violate any statute, regulation, ordinance, rule of law, contract or other agreement lincluding, but
<br />not limited to, these governing Hazardous Materials) which might materially affect the Property or Lender rights or interest In the Property
<br />pursuant to this Deed of Trust.
<br />3. PRIOR DEEDS Or TRUST. Grantor represents and warrants that there are no prior deeds of trust affecting any part of the Property except as
<br />out forth on Schedule B attached to this Deed of Trust, which Grantor agrees to pay and perform in a timely manner. If there are any prior
<br />deeds of trust then Grantor agrees to pay all amcoff owed, and perform all obligations required, under such deeds of trust and the
<br />indebtedness secured thereby and further agrees that a default under any prior deed of trust shall be a default under this Deed of Trust and shall
<br />entitle Lender to all rights and remedies contained herein Or in the Obligations to which Lender would be entitled in the event of any Other
<br />default.
<br />4. TRANSFERS OF THE PROPERTY OR BENEFICIAL INTERESTS IN GRANTORS OR BORROWERS. In the event of a sale, conveyance, lease,
<br />tempter for deed or transfer to any parson of all or any part of the real property described in Schedule A, or any interest therein, or of all or any
<br />beneficial Interest in Borrower or Grantor (if Borrower or Grantor is not a natural person or persons but is a corporation, limited liability company,
<br />partnership, trust.
<br />or other legal entity), Lender may, n Its option request, Grantor art Borrower,, as itire gals. umeyf bee Sshep furnishplus
<br />comaccrued
<br />pl to
<br />Interest thereon immediately due and payable. At Lenders request,
<br />statement setting forth all of its stockholders, members, or partners, as appropriate, and the exert of their respective ownership interests.
<br />5. ASSIGNMENT OF RENTS. In bacolderation of the Obligations, which are secured by this Deed of Trust, Grantor absolutely assigns to Lender
<br />all Grantor's estate, right, title, interest, claim and demadd now owned or hereafter acquired In all existing and future leases of the Property
<br />(including extensions, renewals and subleases), all agreements for use and occupancy of the Property Jail such leases and agreement
<br />ethers w nether
<br />written or oral, are hereafter referred to as the "Leases '), and all guaranties of lessees' performance under the Leases, g
<br />mediate and continuing right to collect and receive all of the rents, income, receipts, revenues, issues, profits and other appear. of any nature
<br />now or hereafter due (including any income of any nature coming due during any redemption period) under the Leases or from or arising out of
<br />the Property including minimum rents, additional rents, percentage rents, parking or common area maintenance contributions, tax and insurance
<br />contributions, deficiency rents, liquidated damages' to default in any Lease, all proceeds payable under any policy of insurance covering
<br />loss of rents resulting front untenantability, caused by destruction or damage to the Property, all proceeds payable as a result e! a lessee's
<br />exercise of en option to purchase Ore Property, all proceeds derived from the termination or rejection of any Lease in a bankruptcy or other
<br />insolvency proceeding, and all proceeds from any rights and claims Of any kind which Grantor may have against any lessee under the leases or
<br />any occupants of the Property (all of the above are hereafter collectively referred to ea the "R.ts"I, This assignment is subject to the right,
<br />power and authority, given to the Lender to collect and apply the Rents. This assignment Is recorded In accordance with applicable state law;
<br />the lien created by this assignment is intended to be specific, perfected, and charge upon the recording of this Deed of Trust, all as provided by
<br />applicable state law as amended from time to time As long as there Is no default under the Obligations or this Deed Of Trust, Lender grants
<br />Grantor a revocable license to collect all Rents it the Leases when due and to use such proceeds in Grantor's business operations.
<br />However, I ender may at any time require Grantor to deposit all Rents into an account maintained by Grantor or Lender at Lender's institution.
<br />Upon default in the payment of, or in the performance of, any of the Obligations, Lender may at Its option take possession of the Property and
<br />have, hold, manage, lease and operate the Pruperty on terms and for a period of time that Lender deems proper. Lender may proceed to collect
<br />and receive all flouts from the property, and Lender shall have full power to make alterations, renovations, repairs or replacements to the
<br />Property as Lender may deem proper. Lender may apply all Rents in Lender's sole discretion to payment of the Obligations or to the payment of
<br />the cost of such alterations, renovations, repairs antl replacements and any expenses incident to taking and retaining possession of the Property
<br />periodically and the management and operation of the Property. Lender may keep the Property properly insured and may discharge Rents any eaves,
<br />charges, claims, assessments and other liens which may accrue. The expense and cost of those actions may be paid from the Rents received
<br />and any unpaid amounts shall be added to the principal of the Obligations. These amounts, together with other casts, shall become part of the
<br />Obligations secured by this Deed of Trust.
<br />6. USE AND MAINTENANCE OF PROPERTY. Grantor shall take all actions and make any repairs needed to maintain the Property in goad
<br />condition. Grantor shall not commit or permit any waste to be committed with respect to the Property. or or antr shall the to solely in
<br />compliance with applicable law and insurance policies. Grantor shall not make any operations,
<br />without Lender's prior written consent. Without limiting the foregoing, all alterations, additions and improvements made to the Property shall be
<br />rabbet to the beneficial interest belonging to Lender, shall not be removed without Lender's prior written consent, and shall be made at
<br />Grantor's solo exponee.
<br />7. LOSS OR DAMAGE. Grantor shall bear the entire risk of any loss, theft, destruction or damage (cumulatively "Lass or Damage ') to the
<br />Property or any portion thereof from any cause whatsoever In the event of any Loss or Damage, Grantor shall, at the option of Lender, repair
<br />the affected Property to its previous condition or pay or cause to be paid to Lender the decrease in the fair market value of the affected
<br />Property.
<br />S. INSURANCE. The Property will be kept insured for its full insurable value (replacement cl against all hazards Including loss or damage
<br />caused by flood, earthquake, tornado and fire, theft or ether casualty to the extent required by Lender. Grantor may obtain insurance on the
<br />Property from such companies as are acceptable to Lender in its sale discretion. The insurance policies shall require the Insurance company to
<br />provide Lender with at least _3O_ days' written notice before such It ciee are altered e Ne
<br />cancelled in any manner. The insurance policies shall
<br />name Lender as a loss payee and provide that no a" or omission of Grantor or any other person shall affect gna right of Lender to be paid
<br />insurance proceeds pertaining t0 the loss or damage of the Property. In the event Grantor fails to acquire or maintain insurance, Lender (after
<br />providing notice as may be requiretl by law) may in Its discretion procure appropriate insurance coverage upon the Properly and the insurance
<br />cost shall be an advance payable and bearing interest as described in the "REIMBURSEMENT OF AMOUNTS EXPENDED BY LENDER" paragraph
<br />and secured hereby. Grantor shall furnish Lender with evidence of Insurance indicating the required coverage. Lender may act as
<br />attorney in fact for Grantor in making and settling claims under insurance policies, cancelling any policy or endorsing Grantor's name on any
<br />draft or negotiable Instrument drawn by any insurer. All such insurance policies shall be immediately assigned, pledged and delivered to Lender
<br />as further security far the Obligations. In the event of loss, Grantor shall immediately give Lender written notice and Lander is authorizad to
<br />Hake proof of arm Fec1 insurance cc,rpany is oitectatl to make payments directly to Lender instead of to Lender and Grantor. Lender shall
<br />have the right, at its sole option, m apply such monies toward the Obligations or toward the cost of rebuilding and restoring the Property. Any
<br />amounts may at Lender's option be applied in the Inverse Order of the due dates thereof.
<br />ra
<br />S. ZONING AND PRIVATE COVENANTS. Gntor shall not initiate or consent to any change in the zoning provisions or private covenants
<br />affecting the use of lire Property without Lender's prior written consent. II Grantor's use of the Property becomes a nonconforming use under
<br />any zoning provision, Grantor shall not cause or permit such use to be discontinued or abandoned without the prior written consent of Lender.
<br />Grantor will immediately provide Lender with written motle0 of any proposed changes to the zoning provisions or private covenants affecting the
<br />Property.
<br />10. CONDEMNATION. Grantor shall immediately provide Lender with written notice of any actual or threatened condemnation or eminent
<br />domain proceeding pertaining to the Property. All monies payable to Grantor from such condemnation or taking are hereby assigned to Lender
<br />and shall be applied first to the payment of Lender's attorneys' tees, legal expenses antl other costs tincluding appraisal fees) In connection with
<br />the condemnation n em Inent domain proceedings and then, at the option of Lentler, to the payment of the Obligations or the restoration or
<br />repair of the Property.
<br />Pape a ot6
<br />NED016 0- iPleev. ties
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