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200207334
<br />DEED OF TRUST
<br />Loan No: 774530 (Continued) Page 2
<br />law which may prevent Lender from bringing any eotion agani,t Trustor, Including a claim for deficiency to the extent Lender a otherwise
<br />erulgud to a claim for defielency, before or after Lender's commencement or cenuJintoo of any foreclosoa action, either judicially or by
<br />exercise of a power of care.
<br />PAYMENT AND PERFORMANCE. Except as olh.rwi,e provided in this Dead of Trust, Borrower shall pay to Lender all Indebtedness
<br />eactred by this Fired of Trust as it becomes due, and Borrower and Trustor 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. Borrower and Trustor agree that Borrower's and Trusror's possession and use of
<br />the Property shall be governed by the following provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Truster may (1) remain In possession and cuntrul of the Property;
<br />(2) use, operate or manage the Property; and (3) collect the Rents from the Property
<br />Duty to Maintain. Truslor shall maintain the Properly in took bie condition and promptly perform all repairs, replacements, antl
<br />mammruncc necorarry to preserve Its value.
<br />Compliance With Environmental Laws. Truster represents and warrants to Lender that, (1) During the period of Trashe a ownership
<br />of the Property, there has been no e, generating, sl6rUfargere, stoaga, treatment, disposal, release or threatened release of any
<br />Hazardous Substance by any person on, under, about or ben. thin Property; (2) Trustor has no knowledge of, o r son to believe
<br />that there h except bean, a cept as previously disclosed to and acknowledged by Lender in writing, (a) any breach n violation of any
<br />Environmental Law,, (b) any Lie, generation, on nufaotura, storage, reartment, tlisposah release or threatened release of any
<br />Hazardous Substance LL under, about or from the Property by any prior owners or occupants of the Property, or or any actual or
<br />threatened litigation 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 Truster nor any tenanp contractor, agent or other authorized user of the Property
<br />shall u,e, generate, m nufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property:
<br />antl do any such activity shall his aonrduofad in roulgiandis with all applicable fai 1, state, and local laws, rcgulatiuns and
<br />ordinances, including without hFulauion all Environmental Laws. Truster authorizes Lender and its agents to enter upon do Property
<br />to make such inspections and tests, at Trustor 'a expense, as Lender may deem appropriate to determine compliance of the Property
<br />with this section of the Dead of Trust. Any Inspections or tests made by Lender shall be for Lender's purposes only and shall not be
<br />nstrued to create any responsibility or liability on the part of Lender to Truster ar to any other person- The representations and
<br />warranties contained herein are based or, Tractor's due diligence in estigating the Property for Hazardous Substances. Truster
<br />gainst
<br />hereby (I1 releases and waives any future claims a LcFld r for udon ingy or oniribufion In the event Trustor becomes liable for
<br />cleanup or ether coxes under any such laws; and )2) agrees to indair to and hold harmless Lender against any and all claims, losses,
<br />liabilities, damages, penalties, and expanses which Lender may directly or Indirectly sustain o suffer resulting Irmo a breach of this
<br />s n ectio of the Dead e1 Trust or a, a consegi -an on of any use, generation, manufacture, storage, disposal, release or threatened release
<br />occurring prior to Tractor's ownership or Interest In the ProPOrty, whether or not the same was o should have been known to Truster.
<br />The provisions of this section of the Dead of Trust, including tic obligation to indemnify, shall survive the payment of the
<br />Indebtedness and the ,atisf oltion and acnnveyance of the lien of this Dead of Trust and shall not be affected by Lender's acpuisitinn
<br />of any interest In the Properly, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Truster shall not cause, conduct or permit any ruishours, nor oncomit, permit, o suffer any stripping of or waste an
<br />or to the Property or any portion of the Property. Without limiting the generality of the foregoing' Truster will not remove, or grant to
<br />any other party the right to re o any limber, minerals (including oil and gas), coal, clay, scoria, sell, gravel or ruck pmNse
<br />without Lender's prior written consent.
<br />Retrieval of Improvements. Truster shall nor demolish or any bnprovouiente from the Rerl Property without Lender's prior
<br />written c rust As a conditinto to the removal of any Improvements, Lender may require Truster to rooks arangements satisfactory
<br />to Lender to replace such Irnprovenents with Improvements of at least equal value.
<br />Lender's Right to Enter. Lender and Lender 's agents and representatives may enter upon the Real Property at all reasonable times to
<br />attend to Lender's Interests and to inspect the Real Property for purposes of Tructor's compliance with the forms and conditions of
<br />this Lost 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 oppGcabie to the Lisa or occupancy of the Property, including without limitation, the
<br />Americans With Disabilities Act, Trustor may contest In good Midi any ,uchi law, ordinance, or regulation and withhold compliance
<br />during any larced'mg, including appropriate appeals, so long as Trustor has notified Lender in writing prior to doing so and so long as,
<br />in Lender's sold (rpinion, Len Jar's Interests In the Property are not jeopardized. Lender may require Trustor to post adequate security
<br />or a surety bond, reasonably satisfactory to Lender, to proecf Lender's interest.
<br />Duty to Protect Trustor agrees neither to abandon or leave dragooned the Pruperty. Tracer shall do all other acts, In addition to
<br />those act, of long. above in go, action, which from the character and use of the Property are reasonably necessary to protect and
<br />preserve Abe Properly.
<br />TAXES AND LIENS. The following provisions relating to the taxes and bons on the Property as part of this Deed of Trust:
<br />Payment. rustor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (nmludn,
<br />water and sewer), fines and IFur onctioos levier] aga nst or on account of the Property, and shall pay when due all claims for work done
<br />on or for services rendered or material furnished to the Properly Trustor shall maintain the Property free of all liens having priority
<br />rovor or equal to the interest of Lender under this Dead of Trust, except for lb. her of faxes and d,soe,menfe net due and except as
<br />otherwise provided in thin, Deed of Truef.
<br />Right to Comes,. Trustor may wghih.Id Payrnorrt of any tax, a onf, o claim in connection with a good faith dispute over the
<br />obligation to pay, se long as Lenders Interest In the Property is rot naPdfdond. If a lire arises or Is filed a result of nonpayment,
<br />Trustor shall whh'm indeed ;I5) days after the lien arises or, It a lien la filed, within fifteen (15) days after Trustor has norme of the
<br />figng, .cure the Jlscll of ft,, hen, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety flood or
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