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DEED OF TRUST 2 U G 2 0 9 611
<br />Loan No: 1581776 (Continued) Page 2
<br />person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lander In writing, (a) neither Truster nor
<br />any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any
<br />Ira tardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted In compliance with all applicable
<br />asset, state, and local laws, regulations and ordinances, 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 Truslor's 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 creels any responsibility w liability on the pad of Lender to Trustor er to any other parson. The
<br />mpresentgbom and warranties conluned named are based on Trustors data diligence in investigating the Property for Hazardous
<br />Substances. Truster hereby (1) relaaees and waives any future claims against Lender for indemnity or contribution in the event Trustor
<br />becomes liable for cleanup ia other costs under any such laws; and (2) agrees to indemnity and hdtl harmless Lender against any and all
<br />claims, losses, liabilities, damages, penalties, and expenses which Lender may direotiy or indirectly sustain or suffer resulting from a breach
<br />of this section of the Dead of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened
<br />release =umng prior to Truslors ownership or interest in the Property, whether or not the same was or should have been known to Truster.
<br />The provisions of this section of the Dead of Trust, including the obligation to indemnity, shall survive the payment of the Indebtedness and
<br />the satisfaction and reconveyance of the lien of this Dead of Trust and shall not be affected by Lender's acquisition of any interest in the
<br />Property, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or Sutter any stripping of or waste on er to
<br />the Properly or any portion of the Property. Without limiting the generality of the foregoing, Trustor will not remove, w grant to any other
<br />party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel w rock products without Lender's prior
<br />written consanl.
<br />Removal W improvements. Trustor shall not demolish or remove any Improvements horn the Real Property without Lender's prig written
<br />consent. As a condition to the removal of any Improvements, Lender may require Truslor to make arrangements satisfactory to Lander to
<br />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 Reel Properly at all reasonable times to
<br />stand to Lenders interests and to inspect the Real Property for purposes of Truslor's 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 />in effect, of all governmental authorfies applicable to the use or occupancy of the Property, including without limitation, the Americans With
<br />Disabilities Act. Trustor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding,
<br />including appropriate appeals so long ns Trustor has notified Lender in writing prior to doing so and so long as, in Landers sole opinion,
<br />Lender's interests in the Property are net jeopardized. Lender may require Trustor to post adequate security or a surety bond, reasonably
<br />satisfactory to Lender, to protect Lender's interest.
<br />Duty to Protect. Traitor agrees neither to abandon or leave unattended the Property. Trustor shall do all other acts, In addition to those
<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 />angular.
<br />Construction Loan. If some or all of the proceeds of the loan creating the Indebtedness are to be mod to construct or complete
<br />construction of any Improvements on the Property, the Improvements shall be completed no later than the maturity date of the Note (ar such
<br />easier data as Lander may reasonably establish) and Trustor shall pay in full all costs and expenses in connection with the work. Lender will
<br />disburse Iron proceeds under such terms and conditions as Lender may deem reasonably necessary to Insure that the Interest created by
<br />this Deed of Trust shall have priority over all possible liens, including those of materiel suppliers and workmen. Lender may require, among
<br />other things, that disbursement requests be supported by rewipled bills, expense affidavits, waivers of liens, construction progress reports,
<br />and such other documentation as Lander may reasonably request.
<br />TAXES AND LIENS. The Mimi p,v alone relating to the texas and liens on the Property are pad of this Dead of Trust:
<br />Payment. Trustor shell pay when due (end 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 Property, and shall pay when due all claims for work done on ce for
<br />services rendered or malarial furnished to the Properly. Trustor shall maintain the Property free of all liens having priority over or equal to the
<br />interest of Lender under this Card of Trust, except for the lien of taxes and assessments not data and except as otherwise provided in this
<br />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 obligation
<br />to pay, so long as Lender's interest in the Property is not jeopardized. It a lien arises or is filed as a result of nonpayment, Trustor shall within
<br />fifteen (15) days after the lien arises or, it a lien is filed, within fifteen (15) days after Truslor has notice of the filing, secure the discharge of the
<br />lien, or 0 requested by Lander, deposit with Lander cash or a sufficient corporate surety bond or other security satisfactory to Lender in an
<br />amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a result of a feredosure or
<br />sale under the lien. In any contest, Trustor shall defend Itself and Lender and shall satisfy any adverse judgment before enforcement against
<br />the Property. Trustor shall 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 Lander satisfactory evidence of payment of the taxes or assessments and shall
<br />authorize the appropriate governmental official to deliver to Lander at any time a written statement of the taxes and assessments against the
<br />Property.
<br />Notice of Construction. Trustor shall fairly Lender at least fifteen (15) days before any work is commenced, any services am furnished, or
<br />any materials are supplied to the PropeM, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work,
<br />service, or materials. Truslor will upon request of Lender furnish to Lender advance assurances satisfactory to Lander that Trustor can and
<br />will pay the cost of such Improvements.
<br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Properly are a pea of this Deed of Trust.
<br />Maintenance of Insurance. Truslor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on
<br />a fair value basis for the full insurable value coveting all Improvements on the Real Property in an amount sufficient to avoid application of
<br />any coinsurance clause, and with a standard mortgagee clause In favor of Lender. Trustor shall also procure and maintain comprehensive
<br />general liability Insurance In such coverage amounts as Lender may request with Trustee and Lender being named as additional insureds in
<br />such liability imurence policies. Additionally, Trustor shell maintain such other insurance, including but net limited to hazard, business
<br />interruption, and boiler insurance, as Lender may reasonably require. Policies shall be written in farm, amounts, coverages and basis
<br />reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Trustm, upon request of
<br />Lender, will deliver to Lentler from time to time the policies or certificates of insurance in form satisfactory to Leader, including stipulations
<br />that coverages will not be cancelled or diminished without at least thirty (30) nays prior waited nofice to Lender. Each insurance policy also
<br />shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of
<br />Trustor m any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency
<br />Management Agency as a special flood hazard area, Trustor agrees to obtain and maintain Federal Flood Insurance, if available, within 45
<br />days after notice is given by Lender that the Property is located in a special flood hazard area, for the full unpaid principal balance of the loan
<br />and any prior liens on the property retuning the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as
<br />otherwise required by Lander, and to maintain such insurance for the term of the loan.
<br />Application of Proceeds. Trustor shall promptly hourly Lender of any loss or damage to the Property. Lender may make proof of loss it
<br />Trustor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lander may, at Lenders election,
<br />receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting
<br />the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Trustor shall
<br />repair er replace the damaged or destroyed Improvements in a manner taf islaclory to Lender. Lentler shall, upon satisfactory proof of such
<br />expenditure, pay or reimburse Truslor from the proceeds for the reasonable cost of repair or restoration if Trustor is not in default under this
<br />Deed of Trail. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the
<br />repair er reslorafifln of the Property shall be used first to pay any amount owing to Lender under this Deed of Trust, then to pay accrued
<br />interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment
<br />in full of the Indebtedness, such proceeds shall be paid to Trustor as Truslor's interests may appear.
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