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200207329
<br />DEED OF TRUST
<br />Loan No: 774534 (Continued) Page 2
<br />FUTURE ADVANCES. Spenlflnally, without limitation, this Dead of trust n addition . the a ants specified in the Nate, all
<br />s, In
<br />future amounts Lender In Its discretion may loan to Bcrrowsr, together with all Interest thereon; however, In no event shall such future
<br />advancesn(excluding Interest) exceed In the aggrcgabe $45,QUO.00
<br />Trustor presently assigns to Lender (also known as Beneficiary Ire this Decd of Trust) all of Trustor's right, title, and Interest in and to all
<br />present and future leases of tiro Property and all Rents from the Property. In addition, Truster grand, to Lander a Uniform Commercial
<br />Cuba security interest In the Personal Property and Rants.
<br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
<br />PROPERTY. IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE
<br />FOLLOWING TERMS:
<br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Treanor warrants that: WI this Deed of Trost k .. —aired at Borrower's request and
<br />not at the request of Lender; (b) Truster has the full power, right, and authority to enter Into this Load of Trust and to hypothecate the
<br />Property, (o) the provisions of this Deed of Trust du not conflict with, or sult in a default under any agreement or other instrument
<br />binding upon Tmsmr and On not result in a violation of any law, regulation, court dear.. o r order settleable to Trustor (d) Trust., has
<br />established ad .... to l of obtaining from Borrower on a continuing basis Information about Borrower's financial eondltlon; and (e)
<br />Lender has made no rojem;—tatiun to Tmstar about Borrower (including without limitation the creditworthiness of Borrower).
<br />TRUSTOR'S WAIVERS. Truster overVaS all rights it defenses arising by reason of any "o n action' o anti deficiency" law, n any other
<br />law which may prevent Lender from bringing any action agar-[ Trusts Including Including a claim for deficiency to the extent Lender Is otherwise
<br />ennind to a claim for deficiency, before or after Lender 'a cdmrncnu,mont or completinn of any foreclosure action, either judicially or by
<br />exercise of a power of gain.
<br />PAYMENT AND PERFORMANCE. Except a s ulberwi.sa provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness
<br />secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly perform all their respective obligations undor the
<br />Note, this Deed of Trust, and In. Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Truster's possession and use of
<br />the Property shall be governed by the hollowing provisions'.
<br />Possession and Use Until the occurrence of an Event of Default, Tractor may (0 remain in possession and control of the Properly:
<br />Q) ass, discrete or manage the Property: and (3) collect the Retire from the Property
<br />Duty to Maintain. Truster shall maintain the Property in tenantable condition and promptly perform all repair., replacements, and
<br />maintenance necessary to preserve its value.
<br />Compliance With Environmental Laws_ Trooper represents and warrants to Lender Tier (1) During the period of Truster's ownership
<br />of the Property, there has bean n e, q.notation, manufacturer storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance by any, person on, undor, about or from a. Property; (2) Truster has no knowledge of, or n to Lesions
<br />that tliar. has I.. it as previously disclosed to and eoknuwludged by Lender In writing, (a) any breach or violation of any
<br />Environmental Laws, %(b) any r im, 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 o cupants of lire Property, or (c) any actual or
<br />threatened litigation o claims of any kind by any purser rela5ng to such matters; and )3) Except as previously disclosed to and
<br />auknowlerd9ed by Lander In writing, (a) neither Truster nor any tenant, abstractor, agent or s
<br />other authorized a of the Property
<br />shell use, generate, r raf.nLLee, store, treat, dispose of or release any Hazardous Substance an, under, about or from the Property:
<br />and m) any such acbvny shall be conducted In compliance with all applicable federal, s-tam, and local laws, regulations and
<br />ordinances, including without limitation all Environmental Laws- Truster authorizes Lender and its agents to enter upon the Property
<br />to make such inspections and tests. at Truster 'a expense as Lender may deem appropriate to determine compliance of tho Prupurly
<br />with this goad.,, of the Dead of Trust. Any inspections or tests made by Lender shall he far Lender's purposes only and shall not be
<br />construed to c cam any responsibility or liability on the part of Lender to Trustor or to any other psrsnm The representations and
<br />anties contained herein are based on Trustar's due dil,oura in investigating the Property for Hazardous Substances. Truster
<br />hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Truster sessions liable far
<br />djxrrnhp or other costs under any such laws: and 12) agrees le indonmity and hold harmless Lender against any and all claims, lesson,
<br />hairlines, damages, p.,allies, antl expenses which Lender may directly or Indirectly sustain n suffer resulting from a breach of this
<br />section of the Deed of Trust u constraints— of any use, generation, manufacture, sforego r disposel, release or threatened release
<br />ring prior to Truster 'a ownership or interest in the Property, whether or not the same was or should have boon known m Trustor.
<br />Theoccurring A this section of the Dead of Trust, Including the obligation to indemnify, shall survive the payment of the
<br />ndobtadness and the satisfaction and reconveyance of the lien of thus Dead of Trust and shall not be affected by Lender's acgwsltion
<br />of any interest In the Property, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Tractor shall not cause, conduct or permit any ratan,. nor r mil permit, or suffer any stripping of u rite an
<br />or to the Property o any portion of the Property Without libeling ire gauerapty of the foregoing, Truster will not remove, orgrant to
<br />any other party dm right to remit any timber, minerals ( including oil and gas), cods, clay, sun , boll, gravel or rock products
<br />without Lender's prior written cur -bust.
<br />Renewal of Improvements. Toaster shall not demolish or any l nprovements from the Real Property without Lender's prior
<br />written consent Asa condition m the removal of any Improvements, Lender may require Truster to make arrangements satisfactory
<br />to Lender to replace such Iroprovurnunts with Imprbvomenfs of at least equal value.
<br />Lender's Right to Enter. Lender and Lender's agents and rcpres.ntroves may enter upon the Real Property at all ressurrablu Limas to
<br />attend to Lender's Interests and to Inspect the Real Property for purposes of Trustor's compliance with the terms and conditions of
<br />this Deed of Trust.
<br />Compliance with Governmental Requirements. T.... or shall promptly comply with all laws, card inanecs, and requl.Ymne, now
<br />hereafter In effect, of bill governmental authorities applicable to the use or occupancy of the Property, including without Inultation, tire
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