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DEED OF TRUST
<br />i_toar, 1110 8615807'330 (Continued) Page 2
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<br />Possession arad Use. Until the occurrence of an Event of Default, f rustor may ( i ) remain in possesz iort and control of the Property;
<br />(2) use, operate or manage the Property; and (3) collect the Rents from the Property,
<br />Duty to Mointnin, 'T'r,.rsxtor shall rrtaintatin the Property in tanantahir) condition and promptly perform ail repairs, replacements, and
<br />maintenance necessary to preserve its value.
<br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that; (1) During the period of Trustor's ownership
<br />of thO Property, tiles 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 ralatin ;t to such matters; snd (3) Except as previously disclosed to and
<br />acknowledged by Lender in writing, (a) neither -1- rustor nor any tenani, 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 *.he 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 th!s section of the Deed of 1 -rust. 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 />warran,ies cortrained herein are bast�d on Trustor's due diligence in investigating the Property for Hazardous Substances. Trustor
<br />hereby 11 i releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for
<br />cleanup cr other costs under any such laws; and (2) agrees to indemnify and hold harmless Lender against any and all claims, losses,
<br />liabilities, damages, p, nalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this
<br />section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release
<br />occurring prior to Trustor's ownershin 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 Dead of Trust, including the obligation to indemnify, shall survive the payment of the
<br />indebtedness and the satisfaction and reconveyance: of the lion 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.
<br />Pd: :!since, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on
<br />(u tr ;f W Property or any portion of the Property. Without lirr7iting tits gent ;rality of the forogoing, Trustor will not remove. or grant, to
<br />any oth;!r party the right to rernove:, any Timber, minerals ;includini; cr'i and gas), coal, clay, scoria, rtoii gravel or rock products
<br />without Lander's prior written consent.
<br />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without Lender's prior
<br />- rinyen consent. 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.
<br />Lender's Righ, to Enter. Lender and Lender's agents and retpresentatives may enter upon the Real Property at all reasonable times to
<br />attend to Lender's interests and to inspect tae Real Property for purposes of Trustor's compliance with the terms and conditions of
<br />this Deed of Trust -
<br />Compliance with Governmental fleou4ements. Trustor shall i lompt(y comply with all laws, ordinances, and regulations, now or
<br />hereafter in effect, of all governmental authorities applicable to u, • use or occupancy of the Property, including without limitation, the
<br />Americans With Disabilities Act. Trustor may contest in good faitt. 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 area not jeopardizeu. 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. 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 front 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 shrill pay whon due (ans( in all events prior to delinquency) all toxfas, special taxes, assessments, charges (including
<br />water and sewer), fine's and impositions levied against or on account of the Property, and shall pay when due all clairns for work done
<br />on or for services rendered or material furnished to the Property. Trustor shall maintain the Property free of all lions having priority
<br />over or equal to tl- 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 ply, 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 filer(, within fifteen (15) clays after Trustor has notice of the
<br />filing, secure the discharge; of the lice, 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 result of a foreclosure or sale under the lien. In any contest, Truster shall defend itself and Lender and shall
<br />satisfy any adverse judgment before enforcement against the Property. Trustor shall name Lender as an additional obligee under any
<br />surety bond furnished in the contest proceedings.
<br />Evidence of Payrnont. Truster shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and
<br />shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments
<br />against the Property,
<br />Notice of Construction. Trustor shall notify Lender at least fifteen (1P1 days before any work is commenced, any services are
<br />furnished, or any rnowrials are supplied to the Property, if any mechanic's lion, materialmen's lion, or other lien could be asserted on
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