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200206869
<br />Id All applicable laws and regulations, Inemdng, without limitation, the Americans with Disabilities Act, az U.S.C. Section 12101 at sag .
<br />land all regulations promulgated thereunder) and all zoning and building laws and regulations relating to the Property by mum, of any
<br />federal, state or municipal authority with jurisdiction over the Property presently are and shall be observed and complied Calm In all material
<br />r_vpeatx, and all rights, licenses, permits and consonance of occupancy including but not limited to selling variances, special exceptions
<br />for nonconforming a and deal inspection aopmvids whether temporary or permanom, whim are material to the use and dandruffy of
<br />me Property, presently are and shall be obtained, preserved and, where nnesemy. rndeal
<br />Idl Grantor has me right and is duly authorized to execute and perform its Obligations under flay Dead of Trust and these actions du net
<br />and shall not conflict with me provisions of any Statute, regulation, ordinance, we of law, contract or other agreement which may be
<br />binding on Grantor at any time;
<br />lei No action or proceeding Is or shall be gentling or threatened which might materially affect the Property; and
<br />(f) Grantor has not violated and shall notNOlate any statute, regulation, ordinance, rule of law, contract or other agreement Mcludini but
<br />not limited to those governing Hazardous Materials) which might materially affect the Property or Lender's nghto or Interest In the Property
<br />pursues to this Deed of Trust.
<br />3. PRIOR DEEDS OF TRUST. Grantor represents and warrants that mere are no prior deeds of trust affecting any part of the Property except as
<br />et forth en Schedule B attached to this Deed or Tryst which Grantor agrees to pay and perform Ie ready manner. If there are any prior
<br />deeds of trust ion Grantor agrees to pay all amounts owed, and perform an obligations enquired, under such deeds of must and the
<br />indebtedness secured thereby and further agrees meta 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 ma Obligations to which Lender would be entitled In the event of any ether
<br />deault
<br />6. TRANSFERS OF THE PROPERTY OR BENEFICIAL INTERESTS IN GRANTORS OR BORROWERS. In the event of a sale, conviction, lease,
<br />Contract for deed or transfer to any person of all or any part of the oral property described In Schedule A, or any interest therein, or of all or any
<br />beneficial Interest In Bonower or Grantor (if Borrower or Grantor is not a natural di or persons but is a umoratlon, handled liability company,
<br />partnership, tr other legal entity), Lender may, a option telephone the outstanding principal balance Of the Obligations plus accrued
<br />interest Cher immediately due and payable. At Lender's request, Grantor or Bonower, a the may be, shell furnish a ,)plate
<br />statement Setting 'co rth all of its stockhulJere. members, er partners, as appropriate,, and the extent of Iheiy Bespaethy6 ownership interests.
<br />5. ASSIGNMENT OF RENTS. In consideration of the Obligations which ere scoured by this Deed of Trust, Grantor absolutely ass ito Lender
<br />all Grantor's estate, right all In and demand n owned or hereafter acquired In all existing and future leases of the Property
<br />including a and Smalca e�xl. all agreements for a and occupancy of the Property fall such lessee and agreements whether
<br />written or xral,y a hereafter ordered t the 'Lsairs I, and all guaranties of lessees' oeformance under the Leases, together with the
<br />mediate and Luminuum right m collect and re all of the rents, In oelper s s, profits and other Income of any nature
<br />now or hereafter tlue (including any in of any n thing due during any redemption period) under the Leases or from or a lying out of
<br />fie Property Including minimum our, additional rents, percentage rents, taking o a maintenance ertebralore. tax and reconciles
<br />vibutions, JelioienoY rents, liquidated damages refunding default in any Lease call proceetls payable under any polloy of In covering
<br />Ire.. of re resulting room u antabi Gaycaused by factual at damage to the Property all proceeds payable e result aof c lessee's
<br />of air eoption to purchase the Property, all proceeds derived bore the termination o rejection of any Lease In a bankruptcy o other
<br />exercise y por0eedirq and all proceeds from any rights and claims of any, kind which Grantor may have edged any lessee under the Leases or
<br />any )occupants of the Property (all of the obey, are reception collectively referred to as the "Rents ' I - The assignment is subject to the right,
<br />power and authority given to the Lender to confused and apply the Rents. This assignment is Concrtletl In accordance with applicable state law;
<br />the liar created by this assignment is intended to be specific, perfected, std choose upon Had recording of this Deed of Trull, all as provided by
<br />applicable state law as amended from time to Lime. As long as there is no default under the Obligations or this Dead of Trust lender grants
<br />Product a revocable license t collect all Ronk from the Leases when due and to use uch pro cods in Grantor's business operations
<br />However, Lender may at any time enquire Grantor to lisped[ all Rents into an c maintained by Grantor or Lender at Lender's peck pion.
<br />Upon default in the payment et or in the performance Of, any of the Obligations, Lender may at its option take perversion of the Property and
<br />C, hold, manage, enjoy and operate the Property on terms and for a period Of time Out Lender deems popes. Lender may proceed to collect
<br />and receive all Rents From the property, and Lender shell have full Power to make alterations, renovations repairs or replacements to the
<br />Property as Lender may deem proper. Lender may apply all Rants In Landers sole discretion to payment of the Obligations or to the payment of
<br />me cost of such alterations, renraccully. repairs and odaeements and any exgersea incident to taking and retaining possesst n of the Property
<br />periodically unit the management and operation of the Property. Lender may keep the Properly properly Insured and may discharge any taxes,
<br />rhmges, Cancer assessments antl Other liens which may Lotus. The expense and cast of these ache.. 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 coats, shall become part of the
<br />Obligations Israel 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 net commit or permit any waste to be committed with respect to the Property. Grantor all Use the Popny solely In
<br />mal .e.... with applicable law antl Iin a polices. Grantor shall n make any alterations, addition,, o improvements to the Property
<br />without Lender's prior written consent. sWithout limiting the foregoing, all alterations, additions and improvements made to the Property shell be
<br />subject to the beneficial interest belonging to Lyndau shell not be removed without Lender 'a prior written consent, and Shall be made, at
<br />Grantor, sole expense.
<br />T. LOSS OR DAMAGE. Grantor shall bear the entire risk of any less, theft, destruction or damage (cumulatively "Less or Domage'I to the
<br />Property or any portion thereof from any cause whatsoever. In the event of any Lose or Damage, Grantor shall, at the option of Lender, repair
<br />the affected Property to its pervious condition or pay or cause to be paid to Lender the decreased In the fair market value Of the affected
<br />Property-
<br />B. INSURANCE. The Property will be kept insured for its full insurable value Ireffl cement COST) against all hazards including loss or damage
<br />led by flood, earthquake, tornado and fire, theft or ether casualty m the a required by Lentler. Granter may obtain Insurance on the
<br />Property from such companies a are a ceptable to Lender In itsswhe discretion. Thu insurance policies shall acquire the In company to
<br />provide Lender with at least 30s day,' w e betor such policies a offered or s celled In any scandal. TM1e insurance epoliuies shall
<br />name Lender a loss payed and provide that n actor omission of Grantor or any other person shall affect the right of Lander to be bald the
<br />interface proceeds pertaining to the foss or damage of the Property - In the event Grantor fails to acquire maintain lmurance, Lender latter
<br />providing n may be required by law) n s discretion procure appropriate In rage upon the Property and the in
<br />cost shall be an advance payable and bearing interest as described In the "REIMBURSEMENT OF AMOUNTS EXPENDED BY LENDER" paragraph
<br />end secured hereby. final shall furnish Lender with evidence of insurance indicating the required coverage Lendee may act as
<br />attorney-in Meet for Greater in making and settling claims under Insurance relic iesc o¢Ilin9 any policy or measuring Grantor s name on any
<br />Cost or revocable instrument drawn by any Insurer. All such Insurance pollcles shelf be immediately assigned, pledged and delivered to Lender
<br />as further security for the Obligations. In the event of lass, Grantor shall immediately give Lender written notice and Lender s au Norized to
<br />Hake proof of less. Each in company is dmeted ro make payments directly to Lender instead of to Longer and Grantor. Lender shall
<br />have The right of its sole nature to apply soon monies toward the Obligations or toward the teat of rebuilding and restoring the Property. Any
<br />amounts may at option be applied In the inverse proof of the due dates Thereof.
<br />9. ZONING AND PRIVATE COVENANTS. Grantor shall n any change in the zoning provisions or private covenants
<br />affecting the u of the Properly without Lender's prior written consent. all Grantors a of the Property becered a onferming a under
<br />any zoning curvilinear Grantor shall not cause or permit such use to be discontinued or abandoned without the prior w ant of Lender.
<br />Grantor ill immediately provide Lender with written nodme of any proposed changes to the zoning provisions or private covenants affecting the
<br />Property.
<br />10. CONDEMNATION. Grantor shall immediately provide Lender with wooden notice of any actual or threatened condemnation or ant
<br />dun n Proceeding pertaining to Has 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 Lenders attorneys' fees, legal dispersion and other costs (Including appraisal fetch In connection with
<br />the condemnation or eminent domain proceedings and than, at the action of Lender, to the payment of the Obligations or the restoration or
<br />repair of the Property.
<br />Papers cal Rin, Ion say 2 at C
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