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200207737
<br />DEED OF TRUST
<br />Loan No: 774634 (Continued) Page 2
<br />TRUSTOR'S WAIVERS. Truster waives all lights or defenses arising by reason of any "one action" or anti - deficiency, law, or any other
<br />law which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise
<br />entitled to a claim fur deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially Or by
<br />exercise of a power of sale.
<br />PAYMENT AND PERFORMANCE. Except as Otherwise provided in this Dead of Trust, Borrower shall pay to Lender all Indebtedness
<br />secured by this Dead of Trust as It becomes due, and Borrower and Truster shall strictly perform all their respective obligations under the
<br />Note, this Deed of Trust antl the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Truster agree that Borrower's and Trustor 's possession and use of
<br />the Property shall be gaverned by the following provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Truster may I11 remain a n possession and control of the Property;
<br />121 use, operate or manage the Property; and 13f collect the Rents from the Property.
<br />Duty 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 Laws. Truster represents and warrants to Lender that: 111 During the period of Truster 'a ownership
<br />of the Property, there has bean no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance by any person por under, about or from the Property; (J) Trustor has no knowledge of, or reason to believe
<br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any
<br />Environmental Laws, On any use, generation, manufacture, storage, treatment, disposal, release or threatened release or any
<br />Hazardous Substance on, under, shout or from the Property by any prior owners or occupants of the Property, or (cl 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 Trustor nor any torrent, contractor, agent or other authorized user of the Property
<br />shall aver generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property;
<br />and of any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and
<br />ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property
<br />to make such inspections and tests, at Trustor s expense, as Lender may deem appropriate to determine compliance of the Property
<br />with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shell not be
<br />construed to create any respeasibility or liability on the part of Lender to Trustor or to any other person. The representations and
<br />warranties contained herein are based or) Trust, a due diligence in Investigating the Property fur Hazardous Substances. Trustor
<br />hereby 111 releases and waives any future claims against Lender for Indemnity or contribution in the event Trustor becomes liable for
<br />cleanup or other costs under any such laws; and (4( agrees to indemnity and hold harmless Lender against any and all claims, losses,
<br />liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain ar suffer resulting from a breach of this
<br />section of the Deed of Trust ar as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release
<br />occurring prior to Trusler'a p .ship or interest in the Property, whether or not the sane was or should have been known to Truster.
<br />The provisions of this section of the Dead of Trust, including the obligation to indemnify, shall survive the payment of the
<br />Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition
<br />of any interest in the Property, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on
<br />or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant to
<br />any other party the right to remove, any timber, minerals (including oil and gas(, coal, clay, scoria, soil, gravel or rock products
<br />without I. ender's prior written consent.
<br />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without Lender 'a prior
<br />written consent. As a condition m the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory
<br />to Lander to replace such Improvements 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 311 reasonable times to
<br />attend to Lender's interests and to inspect the Real Property for purposes of Trustors compliance with the terms and conditions of
<br />this Deed of Trust.
<br />Compliance with Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, and regulations, now or
<br />hereafter In erectr of all governmental authorities applicable to the use or occupancy of the Property, Including without limitation, the
<br />Americans With Disabilities Act. Truster may contest In goad faith any such law, ordinance, or regulation and withhold compliance
<br />during any reasoning, Including appropriate appeals, so long as Trustor has notified Lender in writing prior to doing so and so long a3,
<br />n Lender's sole opinion. Lender'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 protect Lender's interest.
<br />Duty to Protect. Truster agrees neither to abandon or leave unattended the Property. Trustor shall do all other acts, in addition to
<br />those acts set forth above in this section, which from the character and use of the Properly are reasonably necessary to protect and
<br />preserve the Properly.
<br />TAXES AND LIENS. The fallowing provisions relating to lire taxes and (lens on the Property are part of this Deed of Trust
<br />Payment Truster shall pay when due land in all events prior to delinquency) all taxes, special taxes, assessments, charges (including
<br />water and sewer(, fines and impositions levied against 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 Property_ Truster shall maintain the Property free of all liens having priority
<br />over or equal to the Interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due and except as
<br />otherwise provided in this Deed of Trust.
<br />Right to Contest. Trustor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the
<br />obligation to pay, so long as Lender's interest In the Property Is not jeopardized, If a lien arises or s filed as sult of nonpayment,
<br />Trustor shall within fifteen 115) days after the lien arises or, It a lien Is filed, within fifteen (1 61 days after Trustor has entice of the
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