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DEED OF TRUST
<br />Loan No: 774252 200206435 (Continued) page 2
<br />entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure attired, either judicially or by
<br />.zero Lae of a power of sale.
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness
<br />secured by this Deed of I rust as it becomes due, and Burrower and truster shall strictly perform all their respective obligations under the
<br />Note, this Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Rarrower and Trustor agree that Borrower's and Trude is possession and use of
<br />the Property shall be governed by the following pmvislers:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (I) remain in possession and control of the Property;
<br />(2) use, operate or manage the Property, and (3) report the Rents from the Property.
<br />Duty to Maintain. Trustor shall maintain the Properly In tenantable condition and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve Its value.
<br />Compliance With Environmental Laws. Truator represents and warrants to Lender that 111 During the period of Trustur's ownership
<br />of the Properly, thorn has been no e, generation, manufacture storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or n to believe
<br />that there has been, except as previously disclosed to and acknowledged by Lender In writing, (a) any breach or violation of any
<br />Fnvironmenal Laws, he any use, generation, manufacture, .storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or Id any actual or
<br />threatened Irbgetion or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and
<br />acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property
<br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance a,, under, about or from the Properly:
<br />and bl any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and
<br />ordinances, including without herWhua oil Environmantal Laws Trustor authorizes Lender and its agents W enter upon the Property
<br />to make such inspections and tests, at Tustor'a expense, as Lender may deem appropriate to determine compliance of the Property
<br />with this section of the Deed of Trust. Any Inspections or tests made by Lender shall he for Lender's purposes only and shall not be
<br />nstrued to c Bare any responsibility or Ilahrity on the part of lender to Trustor or to any other person. The representations and
<br />warranties contained herein are based on Trustor's due diligence In investigating the Property for Hazardous Substances, Traitor
<br />hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes Iishle for
<br />cleanup or other costs under any such laws; and (2) agrees to indemnify and hold harmless Lender against any and all claims, losses,
<br />Il ahilitlee, damages, penalties, and expenses which Lentler may directly or indirectly sustain or suffer resulting from a breach of this
<br />action of the Dued of Trust or as a consequence of any use, genorallon, rusuldraLiater stamper disposal, release or threatened release
<br />occurring prior to 1 m r.
<br />stor's ownership or interest in the Property, whether or not the same was or should have been known to Trusto
<br />The provisions of this section of the Deed of Trust, including the obligation W Indemnify, shall survive the payment of the
<br />Incorrectness and the satisfaction and reconveyance of the Ile, of he Deed of Trust and shall not be affected by Londar's acquisition
<br />of any interest In the Property, whether by foreclosure or otherwise.
<br />Nuisance. Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of rr waste on
<br />or to the Property or any portion of the Property. Without limiting the generality of the faregaing, Trustor will not remove, or grant to
<br />any other party the right to remove, any timber, minerals including ail and 9aalr coal, cloy, scans, sob, gravel ar rock products
<br />without Lender's' prior wratcn sprssot
<br />Removal of Improvements. Trustor shall not demolish or remove any Imprrvememe form the Real Property without Longer 's prior
<br />written consent Asa condition to Inc. removal of any Improvements, Lender may require Trustor to make arrangements satisfactory
<br />to Lander to replace such Improvements with Improvements of at (oast equal value.
<br />Lender s Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all re cable times to
<br />attend to Lender's interests and to inspect the Real Property for purposes of Trustor's c mplamoo with the terms and call ...is of
<br />this Dead of Trust,
<br />Compliance with Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, and regulations, now or
<br />hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, Including without limitation, the
<br />Americans With Disabilities Act. Trustor may contest in good fails any such law, ardma rte, n regulation and not hold c mpllenoo
<br />p an o
<br />in Len any auto baner, Lu including a Impose, i appeals, sit long as Trustor has notified Lender in witting prior to aping so and to long as,
<br />n asurety bolt; opinion. Lender's actory tto in the Properly are not er s interest Lender may require Trustor to post adequate security
<br />or a surety bontl, reasonably satisfactory to Lender, to protect Lender's interest.
<br />Duty to Protect. Trustor agrees neither to abandon or leave unattended the Property. Trustor shall do all other acts, se scallion to
<br />those acts set forth above in this section, which from the character and use of the Properly are reasonably necessary to protect and
<br />preserve the Property.
<br />TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust:
<br />Payment. Trustor shall pay when due (and In all events prior to dolmquoney) all taxes, special taxes, assessments, charges (including
<br />water and sewer), fines and impositions levied against or on account of the Property, and shall pay when due all claims for work date
<br />on or for services rendered or material furnished to the Property. Trustor shall maintain the Property free of all liens having priority
<br />equal to the Interest of I ender tinder this Deed of Trust, except for th W
<br />e lien of lazes and assSrnents not due and except as
<br />over provided in this Deed of Trust
<br />Right to Contest. Trustor may withhold payment of any tax, assessment, or claim in action with a grind faith dispute over the
<br />obligation to pay, s, long as Lender's Interest In the Property is not jeopardized If a Gen ponces or is filed us a result of nonpayment,
<br />Ttusror shall within fifteen (15) days after the lien aribus or, If a Ilan is filed, erthln fifteen 115) days after Trustor has notice of the
<br />tiling, secure the discharge of the lien, or it requested by Lender, deposit with Lender cash or a sufficient corporatesurety band or
<br />other security satisfactory to Lender In an amount sufficient to discharge the lien plus any costs and anrmeys' fees, or other charges
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