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<br />200701958
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<br />Lender whether direct, indirect, absolute or contingent and whether arising by note, guaranty,
<br />overdraft or otherwise. The Note, this Deed of Trust and any and all other documents that secure
<br />the Note or otherwisc executed in connection therewith, including without limitation guarantees,
<br />security agreements and assignments of lcases and rents, shall be referred to herein as the "Loan
<br />Instruments" .
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<br />TRUSTOR COVENANTS AND AGREES WInI LENDER AS FOLLOWS:
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<br />1. Pavment of Indebtedness. All indebtedness secured hereby shall be paid when due.
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<br />2. Title. Trustor is the lessee of the leasehold interest in real estate hereinabove
<br />described, and the owner of the Property (except for its leasehold interest), has the right and
<br />authority to convey the Property and warrants that the lien created hereby is a first and prior lien
<br />on the Property and the execution and delivery of the Deed of Trust does not violate any contract
<br />or other obligation to which Trustor is subject.
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<br />3. Taxes. Assessments. To pay before delinquent all taxes, special assessments and all
<br />other charges against the Property now or hereafter levied.
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<br />4. Insurance. To keep the Property insured against damage by fire hazards included with
<br />the term "extended coverage" and such other hazards as Lender may reasonably require in
<br />amounts and with companies acceptable to Lender, naming Lender as an additional named
<br />insured with loss payable to the Lender. In case of loss under such policies, the Lcnder is
<br />authorized to adjust, collect and compromise all claims thereunder and shall have the option of
<br />applying all or part of the insurance proceeds (i) to any indebtedness secured hereby and in such
<br />order as Lender may determine, (ii) to the Trustor to be used for the repair or restoration of the
<br />Property, or (iii) for any other purpose or object satisfactory to Lender without affecting the lien
<br />of this Deed of Trust for the full amount secured hereby before such payment ever took place.
<br />Any application of proceeds to indebtedness shall not extend or postpone the due date of any
<br />payments under the Note, or cure any default thereunder or hereunder. So long as no Event of
<br />Default shall exist, Lender shall permit such insurance proceeds to be utilized in the repair or
<br />restoration ofthe Property if Trustor shall so request.
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<br />5. Escrow. Ifrequired by Lender, after an Event of Default hercunder, Trustor shall pay
<br />to Lender, in such manner as Lender may designate, sufficient sums to enable Lender to pay as
<br />they become due in respcct to all taxes, assessments and other charges against the Property.
<br />Further, upon written demand by Lender, Trustor shall pay to Lender, in such manner as Lendcr
<br />may designate, sufficient sums to enable Lender to pay as they bccome due, one or more of the
<br />following: (i) the premiums on the property insurance required hereunder, (ii) the premiums on
<br />any mortgage insurancc required by Lcnder, and (iii) the premiums for flood insurance as may be
<br />required.
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<br />6. Maintenance. Repairs and Compliance with Laws. Trustor shall keep the Property in
<br />good condition and repair; shall promptly repair, or replacc, any improvement which may be
<br />damaged or destroyed; shall not commit or permit any voluntary waste or deterioration of the
<br />Property; shall not remove, demolish or substantially alter any of the improvements on the
<br />Property, except if such improvements are replaced using equal or bctter material; shall not
<br />commit, suffer or permit any act to be done in or upon the Property in violation of any applicable
<br />law, ordinance or regulation; and shall promptly discharge at Trustor's cost and expense all liens,
<br />encumbrances and charges lcvied, imposed or assessed against thc Property or any part thereof:
<br />after Tmstor's actual knowledge of such liens, encumbrances, or charges.
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<br />7. Eminent Domain. Lcnder is hereby assigned all compensation, awards, damages and
<br />other payments or relief (hereinafter "Proceeds") in connection with condemnation or other
<br />taking of the Property or part thereof, or for conveyance in lieu of condemnation. Lender shall
<br />be entitled at its option to commence, appear in and prosecute in its own name any action or
<br />proceedings, and shall also be entitled to make any compromisc or settlement in connection with
<br />such taking or damage. In the event any portion of the Property is so taken or damaged, Lender
<br />shall have the option, it its sole and absolute discretion, to apply all such Proceeds, after
<br />deducting therefrom all costs and expenses incurred by it in connection with such Proceeds, upon
<br />any indebtedness secured hereby and in such order as Lender may determine, or to apply all such
<br />Proceeds, after such deductions, to the restoration of the Property upon such conditions as
<br />Lendcr may determine. So long as no Evcnt of Default shall cxist, Lender shall permit Trustor to
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