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- , ..'....___-----1 Loan No: 132827-00100 DEED OF TRUST (Continued) 200803334 Page 2 Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property; (2) use, operate or manage the ~roperty; and (3) collect the Rents from the Property. Duty to Maintain. Trustor I shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Envlronm~1 ntal Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe that there has been, except as previously dlscloseb to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any Use, generation, manufacturel, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants Of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matte~; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent er other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any H~zardous Substance on, untler, about or from the Property; and (b) any such activity shall be conducted In compliance with all applicable federal, state, and 10callaws,lregulatlons and ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and its agents to enter upon thE! Property to make such inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the IProperty 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 ~e construed to create any responsibility or liability on the part of Lender to Trustor or to any other person. The representations and warranties contained herein are based on Trustor's due diligence in investigating the Property for Hazardous Substances. Trustor hereby I (1) releases and waives any future claims against Lender for indemnity or contribution In the event Trustor becomes liable for cleanup ot other costs under any such laws; and (2) agrees to Indemnity, delend, and hold harmless Lender against any and all claims, losses, Iiabiliti~s, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Truftor's ownership or Interest In the Property, whether or not the same was or shOUld have been known to Trustor. The provisions of this sectio,n of the Deed of Trust, including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfa?tlon and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Trustor s~all not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Wllhoutlimlling the generality of the foregoing, Trustor will not remove, or grant to any other party the right to remove, ant' timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior wrltten consent. Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to t, e removal Of any Improvements, Lender may require Trustor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Jender and Lender's agents and representatives may enter upon the Real Pr~perty at all reasonable times to attend to Lender's Interests and to inspect the Real Property for purposes of Trustor's compliance with the terms and conditions of this Deed of Trust. 1 Compliance with Governm ntat Requirements. Trustor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmentallauthOritieS applicable to the use or occupancy of the Property, including without 'limitation, the Americans With Disabilities Act. Trustor may contest in good faith any such law, ordinance,or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Trustor has notified Lender In writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Trustor to post adequate security or a surety bond, reasonably satisfactory to Lender, to project Lender's Interest. Duty to Protect. Trustor agtees neither to abandon or leave unattended the Property. Trustor shall do all other acts, in addition to those acts set forth above In this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. I TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust: Payment. Trustor shail pay ~hen due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including water and sewer), fines and impo~ilIons levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Trustor shall maintain the Property free of all liens having priority 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 otherwise provided in this Deed of Trust. Rtght to Contest. Trustor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's Interest in the Property is not Jeopardized. If a lien arises or Is flied as a result Of nonpayment, Trustor shall within fifteen (15) days after the lIeM arises or, If a lien Is filed, within fifteen (15) days after Trustor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender In an amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any cpntest, Trustor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Trustor shall name Lender as an addlllonal obligee under any surety bond furnished in the contest proceedings. Evidence Of Payment. TruJtor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate go[vernmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Tr stor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials. Trustbr will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Trustor can and will pay the cost of such Imp ovements.