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<br />Ic) All applicable laws antl regulations, Inc l ad ing, without Il mltatlem, the Americans with Disabilities Act, 42 U.S.C. Section 12101 of sea.
<br />(antl all regulations promulgated Hereunder) and all ro n ing and building lows antl regulations relating to the Property by virtue of any
<br />federal, state or municipal autlmnly with 'jurisdiction overthe Property, pres,,ntlY are and shall be observed and complied with in all material
<br />aspects, and all rights, licenses, permits, and oerblicales of n nuprday (Including but oat limited tc zoning variances, special exceptions
<br />for nu "conforminq uses, and final Inspection approvals), whether temporary or permanent, which are matanul to the use ant occupancy of
<br />the Property, presently are and shall he obtained, preserved arid, where necessary, renewed;
<br />d) Grantor had the right and is duly authorized l0 execute and perform its Oblige Liuns under this Deed of Trust and these actions He not
<br />and shall not conflict with the provisions of any statute, regulation, Ordinance, rile of law, contract or other agreement which may be
<br />hlnding on Grantor at uny time;
<br />(e) No action or proceading is or shall be pending or threatened which might notarially afloat the Property; and
<br />Ill Grantor has not violated and shall not violate any statute, regulation, ordinance, rule of law, contract or other agreement (including, but
<br />no, limited to, those gwerniny Hazardous Materialsl 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 deeds of trust affacting any part of the Property except as
<br />sat forth on Schedule B attached to this Deed Of bust, which Grantor agrees to pay .rid 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 soon dead, of trust and the
<br />Indebtedness secured thereby and further agrees that a default under any prior deed of trust shall be s default under this Deed at I rust 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 ul a sale, conveyance, lease,
<br />contract for deed or transfer to any por,m 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 labilld, company,
<br />partnership, trust, or other legal entity), Lender may, at Its option declare the outstanding principal balance of the Obligations plus accrued
<br />interest III Immediately due and payable. At Lenders request, Grantor or Barrows, as the case may be, shall furnish a complete
<br />statement setting forth all of its stockholders, members or rura ls, 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, Grantor absolutely assigns to Lender
<br />ALI 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 ageements for use e and occupancy of the Property (all such leases and agreements whether
<br />wntlen o oral, are hereafter referred to as the 'Leases "), and all gcomota s of le,eees' performance under the Leases, together with the
<br />mediate and continuing right to collect and receive all of the rents, income, receipts, revenues issues, profits and other Income at 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 (sing out of
<br />the Property Including minimum rents, additional rents, percentage runts, parking or common area maintenance contributions, tax and insurance
<br />rim iratione, deficiency rents, Ilquldated damages following default In any Lease, all proceeds payable under any policy of Insurance covering
<br />loss of rents resulting from untenantabillly caused by destruction or damage to the Property, all proceeds payable as a result of A lessee's
<br />of a option to purchase the Property, all proceeds derived from the termination or rejection of any Lease a bankruptcy Or other
<br />exorcise n "
<br />insolvency proceetlmy, and all proceeds al of t from any rights and claims of any kind which Grantor may have his against any lessee antler the Leases t, 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 Choate upon the recording of this Deed of Trost .II 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 from the Leases when due and roue such proceeds In Grantor's business operations.
<br />However, Lender may at any time require Grantor to deposit all Rents into an account maintulned by Grantor or Lender at Lentler', Irwtitbtion.
<br />Upon default In the payment of, or in the perfarroal of, any of the Obligations, Lender may at its option take posses son of the Property and
<br />have held, manage, lease and Operate the Property on terms and fur b pariod of time that Lender deems proper. Lender may proceed to collect
<br />and receive all Pont, loom the property, and Lender shall have full power to make alterations, remi repairs or replacements to the
<br />Properly as Lender may deem proper. Lender may apply all Rents in Lender sole discretion to payment of the Obligations or to the payment of
<br />the ,oar of such alterations, renovations, repairs and replacements and any expenses incident to taking and retaining possession of the Property
<br />periodically and themanagement and operation of pie Property. I. enter may keep the Property properly insured and may discharge any taxes,
<br />char..., claims, assessments end other liens which may accrue. The expense and cost of these actions may be paid from the Rents rrambvad,
<br />and any unpaid amounts shall be added to the principal of the Obligations. These amounts, together with other costs, shall become part of the
<br />Obligations secured by this Dead 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 was'to to be committed with respect to the Property. Grantor shall use the Property solely L
<br />compliance with applicable law and insurance policies. Grantor shall not make my alterations, additions or improvements to the Property
<br />without Lender's prior written sunsent Without limiting the foregoing, all alterations, additions and improvements made to the Property shall be
<br />subject to the bonofielal interest belonglng to Lender, shall not be removed without Lend or, prior written consent, and shall be rtaop at
<br />Grantors sole expense.
<br />]. LOSS OR DAMAGE. Grantor shall bear the entire risk of any foss, theft, destruction Or damage (cumulatively "Loss or Damage "1 to the
<br />Property or any portion thereof from any cause whatsoever. In the event of any Loss or Damage, Grantor shall, at the optiun of Lender, repair
<br />the affected Properly to Its previous condition or pay or cause l0 be paid to Lender the decrease In the fair market value of the affected
<br />Property.
<br />8, INSURANCE. The Property will be kept insured for its full Insurable value (replacement cost) against all haaards Including loss or damage
<br />caused by rued, earthquaks, 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 LOFF in its sole discretion. The insurance policies shall require the Insurance company to
<br />FrAvi in Lender with at le Ael 30 do,,' written notice before suoh pulicie, a aft ,, red O .once l led in any m n The Ins a e so )hies shall
<br />name Lender as a loss payee and provide that n act u n of Grantor nor any other person shall affect the right of Lender to be paid the
<br />In e procands pertaining to the load or damage of the (Property. In the event Grantor fails to acquire of maintain Insurance, Lender (after
<br />providing notice as may be required by law) may in Its discretion procure appropriate Insurance coverage upon trip Property and the Insurance
<br />cost shall be an advance payable and bearing Interest as described In the "REIMBURSEMEN IF OF AMOUNTS FXPENDED BY LENDER" paragraph
<br />and semined hereby. Grantor shall furnish Lander with evidence of indicating the required coverage. Lender (nay act a
<br />insurance s
<br />attorney-in fact fur Grantor in making and settling claims under insurance p"Iines, 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 for the Obligation » - In the event of loss, Grantor shall Immediately give Lentler written notice and Lender la authorized to
<br />make proof of foss. Each insurance company I. directed to rose payments directly to Lender instead of to Lcndcr and Grantor. Lender shall
<br />have the right, at Its sole option, to apply such monies toward the Obligations or toward the cost of rebuilding and restoring the Property. Any
<br />amounts may at Lender option be applied In the inverse order of the due dales thereof.
<br />9. ZONING AND PRIVATE COVENANTS. Senior shall not initiate or consent to any charge in the zoning previsions or private covenants
<br />affecting the use of the Property without Lender's prior written consent. If Grantor's use of the Property becomes a note unfmming use under
<br />any zoning prevolen, Grantor shall not cause or permit such use to be discontinued Or abandoned without Lind prior written consent Of Lender.
<br />Grantor will immediately provide Lender with written neon" of any proposed changes to the zoning provisions or private covenants affecting the
<br />Property.
<br />10. CONDEMNATION, Grantar shall immediately provide Lender with written notice of any actual Or threatened condemnation o ant
<br />ce
<br />domain proetlmy pertaining to the Property All monies payable to Grantor from such condemnation or taking and hereby assigned to Lender
<br />unit shall he applied first to the payment Of Lender's attorneys' fees, legal expenses and other Gustl hnelre log appfalsal fees) In connection with
<br />the condemnation or eminent domain proceedings and then, at the oplum of Lcndcr, to the payment of the Obligations or the restoration or
<br />repair of the Preparty.
<br />FLOOTp 11 in acv. I/ee 1 s, 2 ul a
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