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200207053
<br />In All applicable laws and regulations Including, without limitation, the Americans with Disabilities Am, az US C. Section 12101 At seq.
<br />land all regulations promulgated The... not) and all zoning and holding laws and reglaLw s relating to the Property by virtue of any
<br />teaent afar, or municipal someone with jurisdiction over the Property, presently out and I be observed and compose with in all material
<br />,,peas, and an rights, licensee, permits, and certificates of occupancy Including but not limited m zoning va alf special exception
<br />for nonconforming uses, and final impaction approvals), another temporary or permanent, which are material to the use and occupancy of
<br />the Property, presently ate and shall be obtained, preserved and, where nucessanyr renewed;
<br />of Grantor has The tight and IB duly authorized to execu and perform its Obligations under this Deedoo other agreement men "Mons do be
<br />and shell not conflict wIm lire provisions of any statute1Bregulo6on, lice, rule o o r
<br />binding on Grantor at any time: a
<br />(of No action or proceeding Is or shall be pending orthreatened which might materially affect the Property; and
<br />Itl Grantor has netviolated and shall nth violate any statute, regulation, ordinance, Fair of law, coni at other agmement l Including, but
<br />(tad to those governing Hams dcus Mafarials) whir.[, might materially allee mo Property or Lender, rights cr interest in the Property
<br />pursuant to this Deed of Trust.
<br />3. PRIOR DEEDS OF TRUST. Insurer represents antl "drama than there are no prior deeds of trust affecting any pad or the Property except as
<br />et forth on Schedule B attached to this Deed of Trust, which Grantor agrees to pay and perform in a timely n n r. If there are any prior
<br />deeds Of trust men Grantor agrees to pay all amounts owed, and perform all Dhhganurw required, under such details of trust and the
<br />indebtedness secured thereby and further agrees that a default under any prior deed of trust shall be a default una,r this Deed of Trust and shall
<br />node Lender m an rights and remedies contained harem or in fire Omigaaans to which Lender would be entldea m 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 />entrant for deed or frontier Is any person of all or any parr at the real property described )n Schedule A, or any interest therein, or of all or any
<br />beneficial (merest in Borrower Or Grantor (if Borrower or Grantor is not a natural person or persons but is a amounted Ihnhed liability company,
<br />partnership, trust or ether legal motel, Lender may at option declare the outstanding principal balance of Ira Obligations plus accrued
<br />interest thereon - mmodialsy due and payable_ At Lend 4uesC er's re Grantor or Borrower, as the case may be, shall furnish a complete
<br />statement setting faith all of Its in ciaoldms, members, er Portable, as appropriate, and this extent of their respective ownership interests.
<br />6. ASSIGNMENT OF RENTS. In coa lderation of the Obligations, which are secured by this Deed of Trust, Grantor absolutely assigns to Lender
<br />III Grantor's a tiger right, title, interest, claim antl demand now owned or herealter enquired in all existing and future leases emen t s Property
<br />)including e enaio er renewals and suhleasral, all agreements for use rod occupancy Of the Property all such leaves and afire whether
<br />"Fallen or onOr are hereafter referred to as the "Leases "L and all suaramles of lessees Informal under the Leaser, otogether with the
<br />mediate and continuing right to collect and reu all of the rents, interior mealpts revenues, issues, profits and Dfher inc ul any nature
<br />tin or hereafter due Ifnduding any in out Of a urn coming due during any redemption peFUd) under the leases orhome rising out of
<br />the Property Including minimum rents addlrtional rents, percentage rents, parking or common ar a maintenance cunlribufmns, to and insurance
<br />anointment, deficiency rents, liquidated damages Iollewing default In any Lcaae, all prooaedsaPayable under any policy of Insurance covering
<br />loss of rents resulting from omen ntatiilay caused by dostructlen or damage to the Property, all proceeds payable as a result of a lessee's
<br />e Of an option to purchase, the Property, all proceeds derived from the terminated or relettlon of any Lease in a bankruptcy o other
<br />e cermy proceeding, and all prowl from any rights and nI. Los of any kind which Grantor may have against any lessee under the Leases or
<br />y vccup the Property tall of the above ore M1 f rotatively maled the Rents I Thin assignment a supper to the right,
<br />power and lethargy given m the Lender to ,Lft and apply tho Rents This ri d in accordance with applicable t law:
<br />the Ile, created by this assignment Is marshal to be specific , perfected. and create upon the recording of this Deed of T u. [ II Provided by
<br />applicable state law as - amended from time to time As long as Lnere Is no default under the Obligations or this Deed of Trust, Lender grants
<br />Grantor a revocable license to trader all Rents from the Leases when due and to use such proceeds In Grantor's business operations
<br />Howrvee Lender may at any time require GranLOr to dupusit all Bents Into an account maintained by Grantor IF Lender at Lender, Institution
<br />Upon default In the payment of, or In the performance of, any of Lae Obligations, Lender may of 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 that I ends doable proper. Lender may proceed to collect
<br />antl rac'
<br />e vF all Rents from are property, and Leader shall have full power to make alterations , gravel rep alts or replacarro to the
<br />Property as Lender may deem proper. Lender may apply all Rents In Lentler s mule discretion to payment of line obllgafions Or to me payment of
<br />fie cost of such educational, renovations, mPars and replacements and any expenses incident to taking and retaining possession of the ROperty
<br />periodically and the management and operatlen of the Property. Lender may keep the Property properly It and may discharge any razes,
<br />charges, claims, assessments and ether Mans which may accrue. The expense antl test of these ecuons may be paid from the Bents mcervel
<br />and any unpaid amounts shall be added to file principal of the Obligations. These anioums, together with rimer pests, shall become part of the
<br />Oa gatimcs secured by this Deed of final.
<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 common on permit any wedge to be committed with respect to Ind. Property- Grantor shall use the Property solely In
<br />compliance with applicable law and Insurance polieios. Grantor shell at make any alterations, additions or improvements to the Property
<br />without Lender's prior written consent Witiluur Iunicing the foregoing, a additions and improvements made to the Property shell be
<br />subject m the beneficial Interest beln,ging to Lender, shall net be remeveda Weil cut Ianber's prior written consent and shall be made at
<br />Goal sole expense-
<br />]. LOSS OR DAMAGE. Grantor shall bear the entire risk of any Ie88, theft destruction or damage (cumulatively "Loss or Damage "I to the
<br />Property or any portion thereof from any cause counsel In the event of any Loss or Damage Grantor shall, at the Option of Lend,, repair
<br />the affected Property to its previous cho loon or pay or cause to be paid to Lender Ina decrease in the lair market value of the affected
<br />Property.
<br />8, INSURANCE. The Properly will be kept In and for Its full Insurable Wlue (replacement ces11 against all hazards including loss or damage
<br />teed by heed eanthquaho, courts, antl fire, theft or ether casualty to the extent required by Lender. Granter may obtain In. n Law
<br />Property from such companies as are acceptable to lender In Its seta dlscmtiun The insurance a policies shall require the ..ce company to
<br />provide Lender with at least 3EL days' ",liken I hereto aueh policies are altered or cancelled In any manner insurance a policie shall
<br />me Lender as a loss payee and provide that no act or n of Granter or any other attend shall affect the right of Leader to be paid the
<br />insurance proceeds peroming In the loss or damage of the Property. In the event Grantor fails to acquire or maintain insurance, Lender (after
<br />providing notice as may be required by deal they In its discretion pmcum appropriate Insurance coverage upon the Property and the insurance
<br />coot shall be an advance payable and bearing interest as described in the "REIMBURSEMENT OF AMOUNTS EXPENDED BY LENDER" paragraph
<br />and Reacted hereby. Granter shall furnish Lender with evidence of in Indicating the required coverage. Lender may a s
<br />attorney for Grantor In making and sitting claims under Insurance policies, wnc slit rig any policy or emerging Grantor's come eo any
<br />draft,, negotiable instrument drawn by any insurer. All such Insurance policies shall be moral assigned, pledged and delivered to Lender
<br />as Wrther se u v
<br />rity far the Obligations. In the n ent of loss, Grantor shall immediately glue Lender written notice and Lender Is authorized to
<br />make pool of loss Each Insurance company is directed to make payments directly to Lender Instead of to Lentler and Doan ter. Lender shall
<br />have the light, at IM sole option, go eppty such monies toward the Obligations or toward the coal of retaining and earnings the Property. Any
<br />amounts may at Lender, upeon he appdmd In the (noted order of had due dates thereof.
<br />9. ZONING AND PRIVATE COVENANTS. Grantor shell nut h itlal or onsent tun ohongt In the zoning provisions or private testaments
<br />affecting the use of the Property contract Lender's prior written consent If if Granor's u e of the Property becomes a Dnconlumnng use under
<br />any inning provision, Grantor shall at cause or permit such use oesbn discontinued or abandoned wltheut the prior written consent of Lender.
<br />Gamor will immediately Looking Lender with written notice of any proposed changes to this among provisions or private covenants affecting the
<br />Property.
<br />18. CONDEMNATION. Geller shall Immediefely provide Lentler with written n e of any actual or threatened condemaatlnn or eminent
<br />domain proceeding pertainamg in the Properly. All monies payable to Grantor from such eendemnatipn or taking are hereby assigned to Leader
<br />and shall tot applied first or tire payment of Leader s attorneys' fees, tonal expenses had other coeds including appraisal focal in mnnottden with
<br />the m demnatien u merit domain proceedings and Then, at the option of Lender, m the payment of the Obllgatow or me restoration or
<br />repair of rho Property.b
<br />,Y)i 11 e n.,. 1 as
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