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<br />200700361 ,j ".", :"", f).
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<br />of the Improvements, whichever is less. The policies will contain an agreement by each insurer that the policy will not be terminated
<br />or modified without at least thirty (30) days' prior written notice to the Beneficiary and will contain a mortgage clause acceptable to the
<br />Beneficiary; and the Trustor will take such other action as the Beneficiary may reasonably request to ensure that the Beneficiary will
<br />receive (subject to no other interests) the insurance proceeds from the Improvements. The Trustor hereby assigns all insurance
<br />proceeds to and irrevocably directs, while any Obligations remain unpaid, any insurer to pay to the Beneficiary the proceeds of all
<br />such insurance and any premium refund; and authorizes the Beneficiary to endorse the Trustor's name to effect the same, to make,
<br />adjust or settle, in the Trustor's name, any claim on any insurance policy relating to the Premises. The proceeds and refunds will be
<br />applied in such manner as the Beneficiary, in its sole and absolute discretion, determines to rebuilding of the Premises or to payment
<br />of the Obligations, whether or not then due and payable.
<br />
<br />2.7 Condemnation. Any compensation received for the taking of the Premises, or any part thereof, by a condemnation
<br />proceeding (including payments in compromise of condemnation proceedings), and all compensation received as damages for
<br />injury to the Premises, or any part thereof, shall be applied in such manner as the Beneficiary, in its sole and absolute discretion,
<br />determines to rebuilding of the Premises or to payment of the Obligations, whether or not then due and payable.
<br />
<br />2.8 Environmental Matters. Except as specifically disclosed by Trustor to Beneficiary in writing prior to the execution of this
<br />Deed of Trust, Trustor represents and warrants as follows. There exists no uncorrected violation by the Trustor of any federal, state
<br />or local laws (including statutes, regulations, ordinances or other governmental restrictions and requirements) relating to the
<br />discharge of air pollutants, water pollutants or process waste water or otherwise relating to the environment or Hazardous
<br />Substances as hereinafter defined, whether such laws currently exist or are enacted in the future (collectively "Environmental Laws").
<br />The term "Hazardous Substances" will mean any hazardous or toxic wastes, chemicals or other substances, the generation,
<br />possession or existence of which is prohibited or governed by any Environmental Laws. The Trustor is not subject to. any judgment,
<br />decree, order or citation, or a party to (or threatened with) any litigation or administrative proceeding, which asserts that the Trustor
<br />(a) has violated any Environmental Laws; (b) is required to clean up, remove or take remedial or other action with respect to any
<br />Hazardous Substances (collectively "Remedial Action"); or (c) is required to pay all or a portion of the cost of any Remedial Action,
<br />as a potentially responsible party. Except as disclosed on the Borrower's environmental questionnaire provided to the Beneficiary,
<br />there are not now, nor to the Trustor's knowledge after reasonable investigation have there ever been, any Hazardous Substances (or
<br />tanks or other facilities for the storage of Hazardous Substances) stored, deposited, recycled or disposed of on, under or at any real
<br />estate owned or occupied by the Trustor during the periods that the Trustor owned or occupied such real estate, which if present on
<br />the real estate or in soils or ground water, could require Remedial Action. To the Trustor's knowledge, there are no proposed or
<br />pending changes in Environmental Laws which would adversely affect the Trustor or its business, and there are no conditions
<br />existing currently or likely to exist while the Loan Documents are in effect which would subject the Trustor to Remedial Action or other
<br />liability. The Trustor currently complies with and will continue to timely comply with all applicable Environmental Laws; and will
<br />provide the Beneficiary, immediately upon receipt, copies of any correspondence, notice, complaint, order or other document from
<br />any source asserting or alleging any circumstance or condition which requires or may require a financial contribution by the Trustor
<br />or Remedial Action or other response by or on the part of the Trustor under Environmental Laws, or which seeks damages or civil,
<br />criminal or punitive penalties from the Trustor for an alleged violation of Environmental Laws. In the event of any such circumstance
<br />or condition, the Trustor agrees, at its expense and at the request of the Beneficiary, to permit an environmental audit solely for the
<br />benefit of the Beneficiary, to be conducted by the Beneficiary or an independent agent selected by the Beneficiary and which may not
<br />be relied on by the Trustor for any purpose. This provision shall not relieve the Trustor from conducting its own environmental
<br />audits or taking any other steps necessary to comply with Environmental Laws.
<br />
<br />2.9 Assignments. The Trustor will not assign, in whole or in part, without the Beneficiary's prior written consent, the rents, issues
<br />or profits arising from the Premises.
<br />
<br />2.10 Right of Inspection. The Beneficiary may at all reasonable times enter and inspect the Premises.
<br />
<br />2.11 Waivers by Trustor. To the greatest extent that such rights may then be lawfully waived, the Trustor hereby agrees for itself
<br />and any persons claiming under the Deed of Trust that it will waive and will not, at any time, insist upon or plead or in any manner
<br />whatsoever claim or take any benefit or advantage of (a) any exemption, stay, extension or moratorium law now or at any time
<br />hereafter in force; (b) any law now or hereafter in force providing for the valuation or appraisement of the Premises or any part thereof
<br />prior to any sale or sales thereof to be made pursuant to any provision herein contained or pursuant to the decree, judgment or order
<br />of any court of competent jurisdiction; (c) to the extent permitted by law, any law now or at any time hereafter made or enacted
<br />granting a right to redeem from foreclosure or any other rights of redemption in connection with foreclosure of, or exercise of any
<br />power of sale under, this Deed of Trust; (d) any statute of limitations now or at any time hereafter in force; or (e) any right to require
<br />marshalling of assets by the Beneficiary.
<br />
<br />2.12 Assignment of Rents and Leases. The Trustor assigns and transfers to the Beneficiary, as additional security for the
<br />Obligations, all right, title and interest of the Trustor in and to all leases which now exist or hereafter may be executed by or on behalf
<br />of the Trustor covering the Premises and any extensions or renewals thereof, together with all Rents, it being intended that this is an
<br />absolute and present assignment of the Rents. Notwithstanding that this assignment constitutes a present assignment of leases and
<br />rents, the Trustor may collect the Rents and manage the Premises, but only if and so long as a default has not occurred. If a default
<br />
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