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DEED OF TRUST 20D213763
<br />Loan No: 775915 (Continued) Page 2
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Truster agrees that Truster's possession and use of the Property shall be
<br />gevemed by the following provisium,
<br />Possession and Use. Until the occurrence of an Event of Default, Truster may 111 remain in possession and control of the Property;
<br />(2) us, sperms or manage the Property; and 13) collect the Rents from the Property.
<br />Duty to Maintain. Truster shall maintain the Properly in tenantable condition and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve Its value.
<br />Compliance With Environmental Laws. Truster rnraaarce and warrants to I. ender that: 111 During the period of Truster, ownership
<br />of the Property, there has been no e, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance by any person on, under, about or from the Property: (2) Truster has no knowledge of, or reason to behave
<br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any
<br />Fnvironmental Laws, 161 any use, generation, manufacture, storage, treatment, disposal, release or threatened olcase of any
<br />Hazardous Substance on, under, about or from the Property by any prior owners or cupants of the Property, or (c) 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 Lentler in writing, (a) neither Truster nor any tenant, contractor, agent or other authorized user of the Property
<br />e hall a e, ge Fear, menufrcturd, store, treat, dispose of Or release any Hazardous Substance on, under, about or from the Property;
<br />and to) any such activity shall be conducted in compliance with all applicable federal, stela, 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 inspections and tests, at Truster'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 shall not be
<br />construed to create any responsibility or liability on the part of Lender to Truster or to any other person. The representations and
<br />warranties contained herein are based on Truster's due diligence in estigating the Property for Hazardous Substances. Truster
<br />hereby (11 releases and waives any future claims against Lender for indemnity or contribution in the event Truster becomes liable for
<br />cleanup or other costs under any such laws; and 12) agrees to indemnify and hold harmless Lander against any and all claims, losses,
<br />liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting frmn a touch of this
<br />action of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release
<br />occurring prior to I roster's 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 Deed of Trust, including the obligation to indemnify, shall se the payment of the
<br />Indebtedness and the Satisfaction and mconvayance of the lien of this Deed of Trust and shall not be affected by Lender's acquisiaun
<br />of any Interest In the Property, whether by foreclosure or otherwise.
<br />Nuisance. Waste. I raster 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, Truster will not remove, or grant to
<br />any other party the right to remove, Linda, any Linda minerals (including nil and rise, 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 comem. Asa condition to the rfmciyal of any Improvements, I ender may require Truster to make arrangements satisfactory
<br />to Lender to replace such Improvements with Improvements of at least equal volum
<br />Lender 'a 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 Truster's c repllanne with the terms and conditions of
<br />this Deed of Trust.
<br />Compliance with Governmental Requirements. Truster shall promptly comply with all laws, ordinances, and regulations, now or
<br />hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without Imitation, the
<br />Americans With Disabilities Act. Truster may contest in good faith any such law, ordinance, or regulation and 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 aa,
<br />n Lender's sole opinion. Lender's interests in the Property are rvt jeopardized. Lender may require Truster 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. Truster shall be all other acts, in addition to
<br />those act`s of forth above in this samba, 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 (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including
<br />water and unwell, fines and impositions levied against or on account of the Poperty, and shall pay when due all claims for work done
<br />on or fors rendered o 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 is filed as a result of nonpayment,
<br />Truster shall within fifteen (15) d,,, after the lien arises or, if a lien is filed, within fifteen (16) days after Trustor has notice of the
<br />rds", 90c Ole llle 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, nr other charges
<br />that could accrue as a result of a foreclosure or sale under the lien. In any eontast, Truster shall defend itself and Lender and shall
<br />satisfy any adverse judgment before enforcement against the Property. Truster shall name Lender os on additional obligee under any
<br />Surety bond furnished in the consist pmceodingo
<br />Evidence of Payment. Truster shall upon demand furnish to Lender satisfactory evidence of payment of the taxes er assessments and
<br />shall authen e. the appropriate governmental offlnlal to deliver to I ender at any time a written statement of the taxes and assessments
<br />against the Property.
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