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200205693
<br />(c) All applicable laws and regulations, including, without limitation, the Americans with Disabilities Act, 42 J.S.C. Section 12101 et seq.
<br />land all regulations promulgated thereunder) end all zoning and building laws and regulations relating to the Property by virtue of any
<br />federal, state or municipal igthmi y with juriedictien over the Property, presently are and shall be observed and compiled with in all material
<br />respects, and all rights, licenses, permits, and certificates of occupancy (including but not limited to zoning variances, special exceptions
<br />for nonconforming uses, and final Inspection aporovalsl, whether temporary or permanent, which are material ro the me and occupancy of
<br />the Property, presently are and shall be obtained preserved and, where necessary, renewed;
<br />(d) Grantor has the right and is call authorized to execute and perform its Obligations under this Deed of
<br />oTrussta and that. whichsmay et
<br />and shall not conflict with the provisions of any statute, regulation, ordinance, rule of law, contract
<br />binding on Grantor at any time;
<br />I.) No action or proceeding is or shall be pending or Threatened which might materimlly of low, Gardiner cePro octet ; and her agreement (including, but
<br />If) Grantor has not violated and shall not violate any statute, regulation, ordinance, rule
<br />not limited to, those governing Hazardous Materials) which might materially affect the Property or Lender's rights or interest in the Property
<br />pursuant to this Deed of Trust.
<br />3, PRIOR DEEDS OF TRUST. Grantor represents and warrants that there are no prior dead. of trust affecting any part of the Property except as
<br />sat forth on Schedule B attached to this Dead 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 amounts 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 dead of trust shall be a default untler this Dead 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 />contract for deed or transfer to any person of all or any part of the real property, Peteribed 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, or other legal entityl, Lender may, at its option declare the eobtanding principal balance of the Obligations plus accrued
<br />interest thereon immetliately due and payable. At Lender's request, Grantor or Borrower, as the case may be, shall furnish a complete
<br />statement setting forth all of Its stockholders, members, or partners, as appropriate, and the extent of their respective ownership interests.
<br />5. ASSIGNMENT OF RENTS. In consideration of the Obligations, which are secured by this Deed of Trust, Granter absolutely assigns to Lander
<br />all Grantor's estate, right, title, interest, claim and demand 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 (all such leases and agreements whether
<br />written o oral, are hereafter referred to as the "Leases"). and all guaranties lessees' performance under the Leases, together with the
<br />immediate and continuing right to collect and receive all of the rents, income receipts, revenges, issues, profits and other income of any nature
<br />or hereafter due )including any income of any nature coming cue during any redemption period) under the Leases or from or arising out of
<br />now the Property including minimum rents, additional rents, percentage rents, parking or common area maintenance contributions, tax and insurance
<br />covering
<br />contributions, deficiency rents, liquidated damages following default in any Lease, all proceeds payable under any policy of insurance covering
<br />loss of rents resulting tram untenamability caused by destruction or damage to the Property, all proceeds payable as a result of a lessee's
<br />exercise of an option to Purchase the 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 as the "Rents "), 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 cheat. upon the recording of this Deed of Trust, all as provided by
<br />applicable state law as amended from time to time. re Ieng em there is no default under the Obligations or This Deed of Trust, Lender st, grants
<br />Grantor a revocable license to collect all Rents from the Leases when due and to use such proceeds in Grantor's business operations.
<br />However, Lender may at any time require Grantor to deposit all Rents Into on 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, held manage, lease and operate the Property on terms and for a period of time chat Lender deems proper. Lender may proceed to collect
<br />and receive all Rents 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. Lander may apply all Rants in Lender's sole discretion to payment of the Obligations or to the payment of
<br />the cost of such alterations, renovations, repairs and 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 any taxes,
<br />charges, claims, assessments and other liens which may accrue. The expense and cost of these actions may be paitl shall the Rents re elfthe ht
<br />and any unpaid amounts shall be added to the principal of the Obligations. These amounts, together with other costs,
<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 good
<br />condition. Grantor shall not commit or permit any waste to be committed with respect to the Property. Grantor shall use the Property solely in
<br />compliance with applicable law and insurance policies, Grantor shell not make any alterations, additions or improvements to the Property
<br />without Lender's prior written consent. Without limiting the foregoing, all alterations, additions and improvements made to the Property shell be
<br />subject 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 sole expensn.
<br />7. LOSS OR DAMAGE. Grantor shall bear the entire risk of any lass, theft, destruction or damage (cumulatively "Loss 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 Lander, repair
<br />The affected Property to its previous condition or pay or cause to be paid to Lander 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 cost) against all hazards including loss or damage
<br />caused by flood, earthquake, tornado and fire, theft or other 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 sole discretion. The insurance policies shall require the insurance company to
<br />provide Lender with at least 30 days' written notice before such policies are altered or cancelled in any manner. The insurance policies shall
<br />name Lander as a loss payee and provide that no act or emission of Grantor or any other parson shall affect the right of Lender to be paid the
<br />Insurance proceeds pertaining to the less or damage of the Property. In the event Grantor tails to acquire or maintain Insurance, Lender (after
<br />providing notice as may be required by law) may in its discretion procure appropriate insurance coverage upon the Property and the insurance
<br />cost shall be an advance payable and beading 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 Lancer
<br />as further security for the Obligations. In the event of loss, Grantor shall immediately give Lender written notice and Lender is authorized to
<br />metro proof of loss. Each Insurance company is directed to make payments directly to Lender instead of to Lander 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 notion be applied in the inverse order of the due dates thereof.
<br />9. ZONING AND PRIVATE COVENANTS. Grantor shall not initiate or consent to any change in the zoning provisions or private covenants
<br />clothing the use of the Property without Lender's prior written consent If Grantor's use of the Property remnants a nonconforming use antler
<br />any zoning provision. Grantor shall not cause or permit such use to be discontinued or abandoned without the prier written consent of Lander.
<br />Grantor will immediately provide Lender with written notice of any proposed changes To the zoning provisions or private covenann 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 Lander
<br />and shall be applied first to the payment of Lender's attorneys' fees, legal expenses and other costs (including appraisal fees) in connection with
<br />the condemnation or eminent domain proceedings and then, at the option of Lender, to the payment of the Obligations or the restoration or
<br />repair of the Property.
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<br />NEOOTa In >I Prv. Iles
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