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200207232 DEED OF TRUST
<br />Loan No: n4264 (Continued) Page 2
<br />PosusMon and use. until the occurrence of an Event of Default, Truster may (p remain in possession and control of the Property i (2)
<br />e, operate or menage the Properly; and (3) collect the Rents from the Property_
<br />Duly to Maintain. Truster shall maintain the Property In tenantable condition and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve its value
<br />Compliance With Environmental Lewis, Trustor represents and warrants to Lender that (1) During the pedotl of Truser's ownership of
<br />the Property, there has been no use generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous
<br />Substance by any person on, under, about or from the Properly; (2) Thaler has no knowledge of, or reason to believe that there has been,
<br />except as previously disclosed to and acknowledged by Lender In writing, (a) any breach or violation of any Environmental laws, (b) any
<br />e, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or
<br />from the Properly by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any
<br />parson relating to such matters: and (3) Except as previously disclosed to and acknowledged by Lentler In writing, (a) neither Truster nor
<br />any tenant, contractor, agent or other authorized user of the Properly shall use generate, manufacture , slow treat, dispose of or release any
<br />Hazardous Substance on, under, about or from the Propelryl and (b) any soon activity shall be conducted In compliance with all applicable
<br />federal, stale, and local laws, regulations and ortllnances, including without limitation all Environmental Laws. Truslor authorizes Lender and
<br />Its agents to enter upon the Property to make such Inspections and tests, at Truster8 expense, as Lender may deem appropriate to
<br />determine compliance of the Property with this Section of the Deed of Trust. Any Inspections or tests made by Lender shall be for Lender's
<br />purposes only and shall not be construed to create any responsNlllty or liability on the pan of Lender to Truster or to any other added. The
<br />representations and warranties contained herein are based on Trustor's due diligence In investigating the Property for Hazardous
<br />Substances ruslor hereby (1) releases and waives any future claims against Lander for indemnity o contribution In the event Turner
<br />becomes liable for Cleanup or other costs under any such laws i and (2) agrees m Indemnify and hold harmless Lender against any and all
<br />claims loses, liabilities , damages, penalties , and expenses which Lender may direetry or Indirectly sustain or suffer resulting from a breach
<br />of this bather of fns, Deed of Trost or secue of any use generation, manufacture, added, disposal, release or threatened
<br />release occurring prior to Trusters ownership or interest In the Property, whether or not the same was Or should have been known to Truster.
<br />The
<br />The provisions of Id r bastion of the Deed lien Trust, s Deed the stGand S to ot be indemnify, shall survive Len er' payment of the Indebtedness y interest I and
<br />me satisfaction whet and recoelcours a of the lien of this Deed of Trust alto shell not be enemed by Lenders acquisition m any mtarast in me
<br />Progeny, whether by mredosme or Otherwise.
<br />Nlllaan0e. waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any Stripping of or waste on or to
<br />the Property or any condo Of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant Io any other
<br />parry the right to remove, any timber, minerals (Including oil and gas). Coal, clay, Koch, soil, gravel or rock products without Lender's prior
<br />written consent.
<br />Removal of Improvements. Trusser shall not demolish or remove any Improvements from the Real Properly without Lenders prior written
<br />consent Asa ondlion to the removal of any Improvements , I. ender may require Trustor to make arrangements satisfactory to Lender to
<br />replace such Improvements with Improvements of at east equal vase.
<br />Lender's Right to Enter. Lender and Lender s agents and representatives may enter upon the Real Property at all reasonable limes to
<br />attend to Lender's interests and to Inspect the Real Properly for purposes of Torsi compliance with the terms and Conditions of this Deed
<br />of Trust.
<br />Compliance with Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, and regulations, now or hereafter
<br />n enact, of all governmental authorities applicable to the use or occupancy of the Property, Including without IH ilOYOO, the Americans With
<br />fradbiloes Act. Trustor may contest In good faith any such law, ordinance, or regulation and withhold compliance during any proceeding,
<br />eluding appropriate appeals, so long as Trustor has notified Lender in wrning prior to doing so and so long as, In Lender's sole opinion,
<br />I ander's Interests in the Properly are not jeopardized. Lender may record Trustor to post adequate security or a surety bond, reasonably
<br />satisfactory to Lender, to protect Lenders interest.
<br />Duty to Protect. Truslor agrees neither to abandon or leave unattended the Property. Thrush shall do all other acts, in addition to mesa
<br />acts set forth above In this section, which from the character and use of the Property are reasonably necessary to protect and preserve the
<br />Property.
<br />TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are pan of this Deed of Trust
<br />Payment. Tmslar shall pay when due (and In all events prior to delinquency) all taxes, special taxes, assessments, charges (including water
<br />and sewer), fines and Impositions levied against or on account of the Properly, and shall pay when due all claims for work done on or for
<br />rendered or material furnished to the Property rustor Shell maintain the Property free of all liens having priority Over or equal to she
<br />interest of M- of Lender under this Dead of Trust, except for the lien of taxes and assessments not due and except as otherwise provided in this
<br />Deed of Trust.
<br />Right to Contest. Trustor may withhold payment of any sex, assessment, or claim In connection with a good faith dispute over the obligation
<br />to pay, so long as Lender 'A Interest In the Property is not jeopartllsd. If a lien arises or Is filed as a result of nonpayment, Taylor shall within
<br />fifteen (15) days after the lien arises or, if a lien Is filed, within fifteen (15) days after Trustor has notice of the filing, secure the discharge of the
<br />lien or it requested by Lender deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender In an
<br />cunt sufficient to discharge the lien plus any costs and attorneys fees, or other merges that could soothe as a result Of a foreclosure or
<br />sa under the Ilan. In any contest, Trustor shall defend Itself and Lender and shall satisfy any adverse judgment before enforcement against
<br />the Property_ Truster shell name Lender as an additional obligee under any surety bond furnished In the contest proceedings
<br />Evidence of Payment. Truslor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall
<br />authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the
<br />Property.
<br />Notice of Construction. Trustor shall notify Lender at least fifteen (15) days before any work IS commenced, any services are furnished, or
<br />any materials are supplied to the Property, it any mechanics lien, matchalra lien, or other lien could be asserted on account of the work.
<br />materials Trustor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Trustor can and
<br />services ilpay the cost of such improvements
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