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<br />Loan No: 87694
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<br />DEED OF TRUST
<br />(Continued)
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<br />2007084~2
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<br />Page 2
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<br />law which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise
<br />entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by
<br />exercise of a power of sale.
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<br />PA YMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower and Trustor shall pay to Lender all
<br />Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly perform all their respective
<br />obligations under the Note, this Deed of Trust, and the Related Documents.
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<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession and use of
<br />the Property shall be governed by the following provisions:
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<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property;
<br />(2) use, operate or manage the Property; and (3) collect the Rents from the Property.
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<br />Duty to Maintain. Trustor shall maintain the Property in tenantable 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 />EnvlrunrnenlatUwS,----ror- "arfy-Lise, gen-eratfon, manufacture, storage, treatmEmt, 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 or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all
<br />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
<br />been known to Trustor. The provisions of this section of the Deed of Trust, including the obligation to indemnify and defend, shall
<br />survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be
<br />affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise.
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<br />Without otherwise limiting Trustor's covenants as provided herein, Trustor shall not without Lender's prior written consent, remove or
<br />permit the removal of sand, gravel or topsoil, or engage in borrow pit operations, or use or permit the use of the Property as a land fill
<br />or dump, or store, burn or bury or permit the storage, burning or burying of any material or product which may result in contamination
<br />of the Property or the groundwater or which may require the issuance of a permit by the Environmental Protection Agency or any
<br />state or local government agency governing the issuance of hazardous or toxic waste permits, or request or permit a change in zoning
<br />or land use classification, or cut or remove or suffer the cutting or removal of any trees or timber from the Property.
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<br />At its sole cost and expense, Trustor shall comply with and shall cause all occupants of the Property to comply with all Environmental
<br />Laws with respect to the disposal of industrial refuse or waste, and/or the discharge, processing, manufacture, generation, treatment,
<br />removal, transportation, storage and handling of Hazardous Substances, and pay immediately when due the cost of removal of any
<br />such wastes or substances from, and keep the Property free of any lien imposed pursuant to such laws, rules, regulations and orders.
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<br />Trustor_shall notif1staH-OF permit to be installed in-or on the Property;-trlabIEr-asbestbsor" any substance containing asbestos and
<br />deemed hazardous by federal, state or local laws, rules, regulations or orders respecting such material. Trustor shall further not install
<br />or permit the installation of any machinery, equipment or fixtures containing polychlorinated biphemyls (PCBs) on or in the Property.
<br />With respect to any such material or materials currently present in or on the Property, Trustor shall promptly comply with all applicable
<br />Environmental Laws regarding the safe removal thereof, at Trustor's expense.
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<br />Trustor shall indemnify and defend Lender and hold Lender harmless from and against all loss, cost, damage and expense (including,
<br />without limitation, attorneys' fees and costs incurred in the investigation, defense and settlement of claims) that Lender may incur as
<br />a result of or in connection with the assertion against Lender of any claim relating to the presence or removal of any Hazardous
<br />Substance, or compliance with any Environmental Law. No notice from any governmental body has ever been served upon Trustor or,
<br />to Trustor's knowledge after due inquiry, upon any prior owner of the Property, claiming a violation of or under any Environmental Law
<br />or concerning the environmental state, condition or quality of the Property, or the use thereof, or requiring or calling attention to the
<br />need for any work, repairs, construction, removal, cleanup, alterations, demolition, renovation or installation on, or in connection with,
<br />the Property in order to comply with any Environmental Law; and upon receipt of any such notice, Trustor shall take any and all steps,
<br />and shall perform any and all actions necessary or appropriate to comply with the same, at Trustor's expense. In the event Trustor
<br />fails to do so, Lender may declare this Deed of Trust to be in default.
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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 from the Real Property without Lender's prior
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