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200205500
<br />liquid storage tanks are located on the Property- No notice has been received by Borrower
<br />or any tenant with respect to, nor is Borrower aware of any basis for, airy, federal, state or
<br />local agenev investigation, administrative order, consent order or decree, litigation, or
<br />settlement regarding the existence of Hazardous Substances on or under the Property or
<br />the use, generation, or disposal thereof by Borrower or any tenant or previous owner or
<br />tenant. The Property is and at all times has been in compliance with Applicable
<br />Ermnonmental Laws. No notice, demand, claim, or other communication has been
<br />rccencd by Borrower or ace tenant from any govemmcnwl or other entity or individual
<br />claiming any violation of or demanding compliance with any Applicable Environmental
<br />Law, or demanding payment, contribution, remedial action or any other action or inaction
<br />with respect to any actual or alleged environmental damage or condition. THE
<br />FOREGOING WARRANTIES AND REPRESENTATIONS, AND BORROWER'S
<br />OBLIGATIONS PURSUANT TO THIS PARAGRAPH 12 (1), SHALL SURVIVE
<br />REPAYMENT OF THE NOTE AND THE RECONVEYANCF OF THIS DEED OF
<br />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 Property. All
<br />moneys and awards payable as damages and/or compensation for the taking of title to or possession of, or
<br />for damage to, or on account of change of grade affecting, any portion of the Properly by reason of any
<br />condemnation, eminent domain, change of grade, or other proceeding shall, at the option of the Lender, be
<br />paid to the Lender, and such moncvs and awards are hereby assigned to Lender, and judgment therefor
<br />shall be entered in favor of Lender, and when paid shall be used at its option toward the payment of any
<br />indebtedness, taxes, assessments, repairs or other items for the pavmcnt of which this Deed of Trust is
<br />given as security, whether the same be then due or not and in such order or manner as Lender may
<br />determine, or for the restoration or repair of the Property, and any amount not so used shall be released by
<br />the Lender 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 to
<br />Principal shall riot ev end or postpone the Due Date of the Installments referred to in Paragraphs I and 2
<br />hereof or change the amount of such Installments.
<br />14. BORROWER NOT RELEASED. Extension of the tlmc for payment or modification of
<br />amortization of the sums secured by this Deed of Trust granted by Lender to any successor in interest or
<br />permitted assignee of Borrower shall not operate to release, in any manner, the liability of the original
<br />Borrower or Borrower's guarantors_ Lender shall not be required to commence proceedings against such
<br />successor or assignee or refuse to extend time for payment or otherwise modify amortization of the sums
<br />secured by this Deed of Trust by reason of any demand made by the original Borrower or Borrower's
<br />guarantors.
<br />15. LENDER'S POWERS_ Without affecting the babilitN of Borrower or any other person
<br />liable for the payment of any obligation secured hereby, and without affecting the lien or charge of this
<br />Decd of Trust upon any portion of the Property not then or heretofore released as security for the full
<br />amount of all unpaid obligations, Lender may, from time to time and without notice to Borrower (i) release
<br />any person so liable, (it) exfand or renew the maturity or alter any of the terms of anv such obligations, (iii)
<br />grant other indulgences, (iv) release or recomey, or cause to be released or reconveyed at any time at
<br />Lender's option any parcel, portion oral] of tic Property, (v) take or release any other or additional security
<br />for any ohligation herein mentioned, or (vi) make compromises, settlements, or other arrangements with
<br />debtors in relation thereto.
<br />16. FORBEARANCE BV LENDER NOT A WAIVER. Any forbearance by Lender in
<br />exercising anv right or remedy hereunder, or otherwise albrdcd by applicable law, shall not be a waiver of
<br />or preclude the subsequent exercise of anv such right or n,mcdN likewise, the waiver by Lender of anv,
<br />default by Borrower hereunder shall not be deemed to be a waiver of any other or subsequent default by
<br />Borrower hereunder_ The procurement of insurance or the payment of taxes or other liens or charges by
<br />Lender shall not be a waiver of Lender's right to accelerate the maturity of doe indebtedness secured by this
<br />Decd of Trust in the event of Borrower's default hereunder.
<br />17. REMEDIES CUMULATIVE. All remedies provided in this Deed of Trust are distinct and
<br />cumulative to any other light or remedy under this Deed of Trust or afforded by Imv or equity, and may be
<br />exercised concurrent]), independently or successively.
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