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<br />loan No: 101207369
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<br />DEED OF TRUST
<br />(Continued)
<br />
<br />200510254
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<br />Page 2
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<br />entitled to. a claim far deficiency, befare ar after Lender's cammencement ar campletian af any fareclasure actian, either judicially ar by
<br />exercise af a pawer af sale.
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<br />PAYMENT AND PERFORMANCE. Except as atherwise pravided in this Deed af Trust, Borrower shall pay to. Lender all Indebtedness
<br />secured by this Deed .af Trust as it becames due, and Barrawer and Trustar shall strictly perfarm all their respective abligatians under the
<br />Nate, this Deed af Trust, and the Related Dacuments.
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<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Barrawer and Trustar agree that Barrower's and Trustar's passessian and use af
<br />the Praperty shall be gaverned by the fallawing pravisians:
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<br />Possession and Use. Until the accurrence af an Event af Default, Trustar may (1) remain in passessian and cantral af the Praperty;
<br />(2) use, aperate ar manage the Property; and (3) callect the Rents fram the Praperty.
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<br />Duty to Maintain. Trustar shall maintain the Property in tenantable canditian and pramptly perfarm all repairs, replacements, and
<br />maintenance necessary to. preserve its value.
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<br />Compliance With Environmental Laws. Trustar represents and warrants to. Lender that: (1) During the periad af Trustar's awnership
<br />af the Praperty, there has been no. use, generatian, manufacture, starage, treatment, dispasal. release ar threatened release af any
<br />Hazardaus Substance by any persan an, under, abaut ar fram the Praperty; (2) Trustar has no. knawledge af, ar reasan to. believe
<br />that there has been, except as previausly disc lased to. and acknawledged by Lender in writing, (a) any breach ar vialatian af any
<br />Enviranmental Laws, (b) any use, generatian, manufacture, starage, treatment, dispasal, release ar threatened release af any
<br />Hazardaus Substance an, under, abaut ar from the Praperty by any priar awners ar accupants af the Praperty, ar (c) any actual ar
<br />threatened litigatian ar .claims af any kind by any persan relating to. such matters; and (3) Except as previausly disc lased to. and
<br />acknawledged by Lender in writing, (a) neither Trustar nar any tenant, cantractar, agent ar ather authorized user af the Property
<br />shall use, generate, manufacture, stare, treat, dispase af ar release any Hazardaus Substance an, under, abaut ar from the Property;
<br />and (b) any such activity shall be canducted in campliance with all applicable federal, state, and lacal laws, regulatians and
<br />ardinances, including withaut limitatian all Enviranmental Laws. Trustar autharizes Lender and its agents to. enter upan the Praperty
<br />to. make such inspectians and tests, at Trustar's expense, as Lender may deem apprapriate to. determine campliance af the Praperty
<br />with this sectian af the Deed af Trust. Any inspectians ar tests made by Lender shall be far Lender's purpases anly and shall nat be
<br />canstrued to. create any respansibility ar liability an the part af Lender to. Trustor or to. any ather persan. The representatians and
<br />warranties cantained herein are based an Trustar's due diligence in investigating the Property far Hazardaus Substances. Trustar
<br />hereby (1) releases and waives any future claims against Lender for indemnity ar cantributian in the event Trustar becames liable far
<br />cleanup ar ather casts under any such laws; and (2) agrees to. indemnify and hald harmless Lender against any and all claims, lasses,
<br />liabilities, damages, penalties, and expenses which Lender may directly ar indirectly sustain ar suffer resulting fram a breach af this
<br />sectian af the Deed af Trust ar as a cansequence af any use, generatian, manufacture, starage, dispasal, release ar threatened release
<br />accurring priar to. Trustar's awnership ar interest in the Praperty, whether ar nat the same was ar shauld have been knawn to. Trustar.
<br />The provisians af this sectian af the Deed af Trust, including the abligatian to. indemnify, shall survive the payment af the
<br />Indebtedness and the satisfactian and recanveyance af the lien af this Deed af Trust and shall nat be affected by Lender's acquisitian
<br />af any interest in the Property, whether by fareclasure ar atherwise.
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<br />Nuisance, Waste. Trustar shall nat cause, canduct ar permit any nuisance nar cammit, permit, ar suffer any stripping af ar waste an
<br />ar to. the Property ar any partian af the Property. Withaut limiting the generality af the faregaing, Trustar will nat remave, ar grant to.
<br />any ather party the right to. remave, any timber, minerals (including ail and gas), caal, clay, scoria, sail, gravel ar rock praducts
<br />withaut Lender's priar written cansent.
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<br />Removal of Improvements. Trustar shall nat demalish ar remave any Improvements from the Real Property without Lender's priar
<br />written cansent. As a canditian to. the remaval af any Improvements, Lender may require Trustar to. make arrangements satisfactary
<br />to. Lender to. replace such Impravements with Impravements af at least equal value.
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<br />Lender's Right to Enter. Lender and Lender's agents and representatives may enter upan the Real Praperty at all reasanable times to.
<br />attend to. Lender's interests and to. inspect the Real Praperty for purpases af Trustar's campliance with the terms and canditians af
<br />this Deed af Trust.
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<br />Compliance with GovernmentaLRequirements. Trustar l>hall pramptly cQ.mply with all law!L ardinances, and re.gulations, naw ar
<br />hereafter in effect, af all gavernmental autharities applicable to. the use ar accupancy af the Praperty, including withaut Iimitatian, the
<br />Americans With Disabilities Act. Trustar may cantest in gaad faith any such law, ardinance, ar regulatian and withhald campliance
<br />during any praceeding, including apprapriate appeals, sa lang as Trustar has natified Lender in writing priar to. daing sa and sa lang as,
<br />in Lender's sale apinian, Lender's interests in the Praperty are nat jeapardized. Lender may require Trustor to. past adequate security
<br />or a surety band, reasanably satisfactary to. Lender, to. pratect Lender's interest.
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<br />Duty to Pratect. Trustar agrees neither to. abandan ar leave unattended the Praperty. Trustar shall do. all ather acts, in additian to.
<br />thase acts set farth abave in this sectian, which fram the character and use af the Praperty are rea san ably necessary to. pratect and
<br />preserve the Praperty.
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<br />TAXES AND LIENS. The fallawing pravisians relating to. the taxes and liens an the Praperty are part af this Deed af Trust:
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<br />Payment. Trustar shall pay when due (and in all events priar to. delinquency) all taxes, special taxes, assessments, charges (including
<br />water and sewer), fines and impasitians levied against ar an accaunt af the Praperty, and shall pay when due all claims far wark dane
<br />an ar far services rendered ar material furnished to. the Praperty. Trustar shall maintain the Praperty free af all liens having priarity
<br />aver ar equal to. the interest af Lender under this Deed af Trust, except far the lien af taxes and assessments nat due, except far the
<br />Existing Indebtedness referred to. belaw, and except as atherwise provided in this Deed af Trust.
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<br />Right to Contest. Trustar may withhald payment af any tax, assessment, ar claim in cannectian with a gaad faith dispute aver the
<br />abligatian to. pay, sa lang as Lender's interest in the Property is nat jeapardized. If a lien arises ar is filed as a result af nanpayment,
<br />Trustar shall within fifteen (15) days after the lien arises ar, if a lien is filed, within fifteen (15) days after Trustar has natice af the
<br />filing, secure the discharge af the lien, ar if requested by Lender, depasit with Lender cash ar a sufficient carparate surety band ar
<br />ather security satisfactary to Lender in an amaunt sufficient to. discharge the lien plus any casts and attarneys' fees, ar ather charges
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