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200501915 DEED OF TRUST
<br />Loan No: 101205479 (Continued) Page 2
<br />except as perviously disclosed to and acknowledged by Lander in writing, (a) any breach or violation of any Environmental Laws, (b) any
<br />use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or
<br />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
<br />person relating to such matters: and (3) Except a$ previously disclosed to and acknowledged by Lender in writing, (a) neither Tractor nor
<br />any tenant, contractor, agent or other authorimd user of the Propudy shall use, generate, manufacture, store, treat, dispose of or release any
<br />HaeartloUS Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable
<br />federal, state, and local laws, regulations and ordinances, Including without limitation ail Environmental Laws. Truster authorizes Lender and
<br />its agents to enter upon the Property to make such Inspections and tests, at Trustors expense, as Lender may deem appropriate to
<br />determine compliance of the Property with this Wilde of the Deed of Trust. Any Inspections or tests made by Lander shall be for Lenders
<br />purposes only an shall not be construed to create any responsibility or liability on the pad of Lander to Truster or to any other person. The
<br />representations and waromfies contained herein are based on Trustees due diligence In irrvesllgeting the Property for Hazardous
<br />Substances. Trustor hereby (1) releases and wahres any future claims against Lander for indemnity or contribution In the event Truster
<br />becomes liable for cleanup or other costs under any such laws; and (2) agrees to Indemnify and hold harmless Lender against any and all
<br />claims, losses, liabilities, damages, penellies, end as which Lender may directly or indirectly sustain or suffer resulting from a breach
<br />of this section of the Dead of Trust or as a cons, quence of any use, generation, me feature, storage, disposal, release or threatened
<br />release occurring prior to Truslor's ownership or interest in the Property, whether or not the same was or should have been known to Truster.
<br />The provisions of this section of the Deed of Trust, including the obligation to Indemnity , shall survive the payment of the Indebtedness and
<br />the satisfaction and reconveyance of the lien of this Dead of Trust and shall not be affected by Lender's acquisition of any interest in the
<br />Property, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any shipping of a waste on or to
<br />the Properly or any person of the Property. Without limiting the generality of the foregoing, Truster will not remove, or grant to any other
<br />party the right to remove, any timber, minerals (including oil and gas), coal, clay, scone, sell, gravel or rock products without Lenders prior
<br />written consent.
<br />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without Lander's prior written
<br />consent. As a condition to the remove l of any Improvement, Lander may require Truster to make arrangements satisfactory to Lander to
<br />replace such Improvements with Improvements of at least equal value.
<br />Lender's Right to Enter. Lander and Lender's agents and representatives may enter upon the Real Property at all reasonable fires to
<br />attend to Lander's interests and to Inspect the Real Property far purposes of Trustees compliance with the forms and conditions of this Dead
<br />Of Trust.
<br />Compliance with Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, and regulations, now or hereafter
<br />In effect, of ell governmental authorities applicable to the use or occupancy of the Property. Trustor may contest In good faith any such law,
<br />ordinance, or regulation and withhold compliance during any proceetling. Including appropriate appeals, so ten, as Truster has notlAed
<br />Lender In wdarg prior to doing so and so long as, In Lender's sole opinion, Lander's interests in the Property are not jeopartlizad. Lentler
<br />may require Trustor to past adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lander's interest.
<br />Duty to Protect. Trustor agrees neither to abandon or leave unattended the Properly. Trustor shall do all other acts, in addition to those
<br />acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the
<br />Property.
<br />TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are pad of this Dead of Trust:
<br />Payment. Trustor shall pay when due (and In all events prior to delinquency) all texas, special taxes, assessments, charges (including water
<br />and sewer), lines and impositions levied against or on account of the Property, and shall pay when due all claims for work done on or for
<br />services rendered or material furnished to the Property. Tractor shall maintain the Property free of all Ilan having priority over or equal to the
<br />interest of Lender under this Dead of Trust, except for the lien of taxes and assessments not due and except as otherwlse provided In this
<br />Deed of Trust.
<br />Right to Contest. Trustor may withhold payment of any tax, assessment, m claim In connection with a good faith dispute over the obligation
<br />to pay, so long as Lender's interest in the Property Is not jeopardized. If a Ilan areas or is filed as a result of nonpayment, Trustor shall within
<br />fifteen (15) days after the lien arises or, if a Ilan Is filed, within fifteen If 5) days after Trustor has notice of the filing, secure the discharge of the
<br />lien. or If requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an
<br />amount sufficient to discharge the lien plus any costs and attorneys' lees, or other charges that could accrue as a result of a foreclosure or
<br />sale under the Ilan. In any contest. Trustor shall defend itself and Lender and shall Satisfy any advance judgment before enforcement against
<br />the Property. Trustor shall name Lander as an additional obligee under any surety bond furnished In the contest proceedings.
<br />Evidence of Payment. Truster shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall
<br />authorize the appropriate governmental official to deliver to Lander at any time a written statement of me taxes and assessments against the
<br />Property.
<br />Notice of Construction. Trustor shall notify Lender at least fifeen (15) days before any work is commenced, any services are furnished ar
<br />any materials are supplied to the Property, if any mechanic's lien, malerialmen's Ilan, or other lien could be asserted on amount of the work,
<br />serves, or materials. Trustor will upon request of Lender furnish to Lander advance assurances aatisraotory to Lender that Trustar can and
<br />will pay the cost of such improvements.
<br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a pad of this Deed of Trust.
<br />Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on
<br />a lair value basis for the full insurable value covering all Improvements an the Real Properly In an amount Sufficient to avoid application of
<br />any coinsurance clause, and with a standard mortgagee clause In favor of Lander, together with such other hazard and liability Insurance a3
<br />Lender may reasonably require. Policies shall be written In form, amounts, coverages and basis reasonably acceptable to Lender and issued
<br />by a company or companies reasonably acceptable to Lender. Trustor, upon request of Lander, will deliver to Lender from time to time the
<br />cuticles or cedifloates of Insurance in form satisfactory to Lander, Including stipulations the, coverages will not be cancelled or diminished
<br />without at least ten (10) days prior written notice to Lender. Each insurance policy also shalt include an endorsement providing that
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