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DEED OF TRUST
<br />(Continued) 200209785 Page
<br />threstanad litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and
<br />acknowledged by Lander in writing, (a) neither Truster nor any tenant, contractor, agent or other authorized user of the Property
<br />shall use, generate, manufzmure, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property;
<br />and (b) 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. Truster authorizes Lender and its agents to enter upon the Property
<br />to make such Inspeetipns and tests, at Trpstor'e expense, as Leader 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 />warted to create any responsibility or liability on the part at Lender to Trustor or to any other person. The representations and
<br />warranties contained herein are based on Tractor's due diligence in investigating the Property for Hazardous Substances. Truster
<br />hereby 111 releases and waives any future claims against Lender for indemnity or contribution harmless in the event Truster becomes liable for
<br />cleanup or other costs wader any such laws; and (21 agrees to indemnify and hold
<br />rec harmless Lentler egress[ any and all claims, losses,
<br />liabilities, the Dead penalties, and expenses which Lender may directly or Indirectly sustain e, cutter resulting toter breach el ase
<br />section of the Deetl of Trust w er a consequence of any use, generation, manufacture, of the storage, disposal, release a known to release
<br />occurring prior to f this se ownership or Interest to the Property, whether or not the same was or should survive been known to Truster.
<br />The Indebtedness provisions of this section of the Deed of eat Trust, Including the obligation Tr to indemnify, shall shell survive the payment of the
<br />Indebtedness and the satisfaction and r by foreclosure of the Tien is this Deed of Trust and shall not be affected by Laotian's acquisition
<br />of any Interest in the Property, whether by foreclosure ar otherwise.
<br />Nuisance, Waste. Truster 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, ar 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 Lender's prior written consent.
<br />Removal of Improvements. Truster shall not demolish or remove any Improvements from the Real Property without Lender's prior
<br />written consent. As a condition to the removal of any Improvements. Lander may require Truster to make arrangements aatcd.mory
<br />to Lander to replace such Improvements with Improvements of at least equal value.
<br />Lender's Right to Enter. Lender and Lender 'a 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 Trustor's compliance with the terms and conditions of
<br />this Dead of Trust.
<br />Compliance with Governmental Requirements. Truster shall promptly comply with all laws, ordinances, and regulations, now or
<br />hereafter In affect, 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 good faith any such law, ordinance, or regulation antl withhold compliance
<br />during any proceeding, Including appropriate appeals, so long as Truster has notified Lender In writing prior to doing so and so long as,
<br />in Lender's sale 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 Lentler, to protect Lender's interest.
<br />Duty to Protect. Trustor agrees nether to traction or leave unattended the Property. Trustor shall do all other acts, in addition to
<br />those acts set forth above In this suction, which from the character and use of the Property are reasonably necessary to protect and
<br />preserve the Property,
<br />TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust;
<br />Payment. Trustor 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 Tendered or materiel famished to the Property. Trustor shall maintain the Property free of all liens having priority
<br />over or equal to the Interest of Lander artier 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 is filed as a result of nonpayment.
<br />Truster shall within fifteen IT 5) days after the lien arises or. if a lien is filed, within fifteen (15) days after Trustor has notice of the
<br />filing, secure the discharge of the lien, or If requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or
<br />other security satisfactory to Lender in an amount sufficient to discharge The lien plus any costs and attorneys fees, or other charges
<br />that rould accrue as a result of a foreclosure or sale unit,, the lien. In any contest, Truster shall defend Itself and Lender and shall
<br />satisfy any adverse judgment before enforcement against the Property Trustor shall name Lander as an additional obligee under any
<br />surety band furnished in the contest proceedings.
<br />Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and
<br />shall authorize the, appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments
<br />against the Property.
<br />Notice of Construction. Trustor shall notify Lander at least fifteen 115) days before any work is commanded, any services are
<br />furnished, or any materials are supplied to the Property. if any mechanic's lien, mationalmen's lien, or other lien could be asserted on
<br />account of the work, services, or materials. Trustor will upon request of Lender furnish to Lander advance assurances satisfactory to
<br />Lender that Truster can and will pay the cost of such Improvements.
<br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust.
<br />Maintenance of Insurance. Trustor shall procure and maintain policies of fire Insurance with standard extended coverage
<br />endorsements on a replacement basis for the full Insurehls value covering all Improvements on the R,al Property in an amount
<br />sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Trustor shall also
<br />procure and maintain comprehensive general liability insurance In such coverage amounts as Lender may request with Trustee and
<br />Lender being named as additional Insureds in such liability insurance policies. Additionally, Trustor shall maintain such other
<br />Insurance, Including but not limited to hazard, business interruption, and boiler insurance. as Lender may reasonably require. Policies
<br />shall be written in form, amounts, coverages and busts reasonably acceptable to Lender and Issued by a Company or companies
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