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<br />loan No: 101208167
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<br />DEED OF TRUST
<br />(Continued)
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<br />200601.400
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<br />Page 2
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<br />Duty to Mall'rtain. Trustor shall maintain the Property in tenantabla condition and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve its value.
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<br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership
<br />of the Property, there has been no use, 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) 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, (b) any use, generation, manufacture, storage, treatment; disposal, release or threatened release of any
<br />Hazardous Substance on, under, about or from the Property by any prior owners or occupants 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 lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property
<br />shall use, generate, manufacture, 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. 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 shall not be
<br />construed to create any responsibility or liability on the part of Lender to Trustor or to any other person. The representations and
<br />warranties contained herein are based on Trustor's due diligence in investigating the Property for Hazardous Substances. Trustor
<br />hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for
<br />cleanup o'r ether costs under any such laws; and (2) agrees to indemnify and hold hllrmless lender "gainst any and a!1 claims, losses,
<br />liabilities, damages, penalties, and expenses which Lender inaydirectly or indirectly sustain or'suffer resulting from a breach of this
<br />section of the Deed of Trust or as ra con~'equence of any use, gerieration, manufacture, storage, disposal, release or threatened release
<br />occurring prior to Trustor's ownership or interest in the Property, whether or not the same was or should have been known to Trustor.
<br />The provisions of this section of the Deed 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.
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<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 Lender's prior written consent.
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<br />Removal of Improvements. Trustor shall not demolish or remove any Improvements frol')1 the Real Property without Lender's prior
<br />written Gonsent. As a condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory
<br />to Lender to replace such Improvements with Improvements of at least equal value. .
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<br />len~,ets Right to Enter. Lender and Lender's agents.and representativesf)1ay ,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 compliimce with the terms and condi.tions of
<br />this Deed of Trust.
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<br />Compliance with Governmental Requirements. Trustor 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 limitation, the
<br />Americans With Disabilities Act. Trustor may contest in good faith any such law, ordinance, or regulation and withhold compliance
<br />during any proceeding, including appropriate appeals, so long as Trustor has notified lender in writing prior to doing so and so long as,
<br />in 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.
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<br />Duty to Protect. Trustor 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 Property are reasonably necessary to protect and
<br />preserve the Property.
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<br />TAXES,AND LIEN~. The following provisions relatif,19,to the taxes and liens on the Property are part of this Deed of Trust:
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<br />P~v~ent. Trustor-shall pay when due -(and in-aIT"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. Trustor 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.
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<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 />Trustor shall within fifteen (15) 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 could accrue as a resultof a foreclosure or sale under the .Iien. ..In any c.ont13st, Trustor shall defend itself and lender and shall
<br />satisfy' any adverse judgment before enforcement against the Property. Trustor" shall mime' Lender as an additional obligee under any
<br />. ,sl,Jretybondfurnished in the contest proceedings. .' ., ." . . .', . , ", '. - :, . ...., , : . ".
<br />, " j , ;';'; ...: . ,', , .. ,. , , , ' , I ~, ~ ',_ ... . , . . , . " .. ~ , , 1 ' . ;. , .' . , '. .
<br />:.. ." ~vi'den~e,of Payment. Trustor shall: up.on demand furnisllto.lender. satisfactory evidericeof payment of ,the taxes or assessments and
<br />shall authorize the appropriate governmental official to deliver to Lender at anytime a written statement of the taxes and assessments
<br />against the Property.
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<br />Notice of Construction. Trustor shall notify Lender at least fifteen (15) days before any work is com'menced; any services are
<br />furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen'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 Lender advance assurances satisfactory to
<br />Lender that Trustor can and will pay the cost of such improvements.
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