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<br />DEED OF TRUST 200213111
<br />Loan No: NEW (Continued) Page 2
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession and use of the
<br />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 control of the Property; (2)
<br />use, operate or manage the Property; and (31 collect the Rents from the Property. The following provisions relate to the use of the
<br />Property or to other limitations on the Property. This instrument is a Trust Dead executed in conformity with the Utah Trust Deed Act,
<br />BEA 5] -1 -19, at seq.
<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: (1) During the period of Trustor's ownership of
<br />the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous
<br />Substance by any person on, under, about or from the Property; (2) Truster has no knowledge of, or reason to believe that there has
<br />been, except as previously disclosed to and acknowledged by Lender in writing. (a) any breach or violation of any Environmental Laws,
<br />(b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under,
<br />about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any
<br />kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither
<br />Truster nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, stare, treat, dispose of
<br />or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance
<br />with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Trustor
<br />authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Truster's expense, as Lander may deem
<br />appropriate to determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall
<br />be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Truster or to any
<br />other person. The representations and warranties contained herein are based on Trustor's due diligence in investigating the Property for
<br />Hazardous Substances. Truster hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event
<br />Truster becomes liable for cleanup or other casts under any such laws; and (21 agrees to indemnify and hold harmless Lender against any
<br />and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or Indirectly sustain or suffer resulting from a
<br />breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or
<br />threatened release occurring prior to Trustor's ownership or Interest in the Property, whether or not the same was or should have been
<br />known to Truster. The provisions of this section of the Deed of Trust, including the obligation to indemnify, shall survive the payment of
<br />the Indebtedness and the Satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of
<br />any interest in the Property, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Truster shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to
<br />the Property or any portion of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant to any other
<br />party the right to remove, any timber, minerals (including ail and gasl, coal, clay, scoria, soil, gravel or rack products without Lender's prior
<br />written consent.
<br />Removal of Improvements. Truster shall not demolish or remove any Improvements from the Real Property without Lender's prior written
<br />consent. As a condition to the removal of any Improvements, Lender may require Truster to make arrangements satisfactory to Lender 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 Real Property at all reasonable times to attend
<br />to Lender's interests and to inspect the Real Property for purposes of Trusmr's compliance with the terms and conditions of this Deed of
<br />Trust.
<br />Compliance with Governmental Requirements. Truster shall promptly comply with all laws, ordinances, and regulations, now or hereafter in
<br />effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With
<br />Disabilities Act. Truster may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding,
<br />including appropriate appeals, so long as Truster has notified Lender In writing prior to doing so and so long as, in Lender's sole opinion,
<br />Lender's interests in the Property are not jeopardized. Lender may require Truster to post adequate security or a surety bond, reasonably
<br />satisfactory to Lender, to protect Lender's interest.
<br />Duty to Protect. Truster agrees neither to abandon or leave unattended the Property. Truster shall do all other acts, in adtlitipn 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 />Property.
<br />DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Deed of
<br />Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any Interest In the Real
<br />Property. A "sale or transfer' means the conveyance of Real Property or any right, title o interest in the Real Property; whether legal, beneficial
<br />r equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed,
<br />leasehold interest with a term greater than three (3) years, lease option contract, or by sale, assignment, or transfer of any beneficial interest in
<br />or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. If any Truster is
<br />corporation, partnership or limited liability company, transfer also includes any change In ownership of more than twenty -five percent (25%) of
<br />the voting stock, partnership interests or limited liability company interests, as the case may be, of such Truster.
<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. Truster shall pay when due (and 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 or for
<br />services rendered or material furnished to the Property. Truster shall maintain the Property free of all liens having priority over or equal to
<br />the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due and except as otherwise provided in
<br />this Deed of Trust.
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