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201000971
<br />DEED OF TRUST
<br />Loan No: 872057809 (Continued) Page 2
<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 Truster. The provisions of this section oT the Dead of Trust, induding the obligation [o 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 shah not be
<br />affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise.
<br />Nuisance, Waste. trostor 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, minarets pnduding oil and gas), coal, clay, scoria, soil, gravel or rock products
<br />without Lender's prior written consent.
<br />Removal of Improvements. Truster shall not demolish or remove any Improvements from the Real Property without Lender's prior
<br />written consent. As a Condition to the removal of any Improvements, Lender may require Trustor to make arcangements satisfactory
<br />to Lender to replace such Improvements with Improvements of at least equal value.
<br />Candace Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to
<br />attend to Lender's interests and to Inspect the Real Property for purposes of Trustors compliance with the terms and conditions of
<br />this Deed of Trust.
<br />Compiiance with Governmental Requlrementa. Trustor shall promptly comply with all laws, ordinances, and regulations, now or
<br />hereaRer In effect, of aN governmental authorities applicable to the use or oxupancy of the Property. Trustor may contest in good
<br />faith arty such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as
<br />Trustor has notified Lender In writing prior to tiring so and so long es, In Lender's aria opinion, Lender's Interests In the Property are
<br />not jeopardized..l.snder may requree Trustor to post adequate-security or a surety bond, reasonably Satlsfadory to Lender, to protect
<br />Lender's interest.
<br />Duty to Prefect. Trustor agrees neither to abandon or leave unattended the Property. Trustor shall do all other acts, in addition to
<br />those ads set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and
<br />preserve the Property.
<br />Compliance with Laaae. Trustor will pay all rents and will strictly observe and perform on a timely basis aN other terms, covenants,
<br />and conditions of the Lease. Trustor will Indemnify, defend, and hdd Lerxler harmless against all losses, IIabIllties, actions, suits,
<br />proceedings, costs induding adorneys' fees dalms, demands, and damages whatsoever which may be incurred by reason of Tractors
<br />failure to pay rants or strictly observe or perform under the Lease.
<br />tither Agreements Relating to the Lease. Trustor further agrees (1) not to surrender, terminate, or cancel the Lease, and (2) not to
<br />modify, change, supplement, alter, or amend the Lease, either orally or in writing, without Lender's prior written consent. Any
<br />attempt by Trustor to do any of the foregoing without Lender's prior written consent will be void and of no force and effect. At
<br />Lender's option, Trustor will deppait with Lender as further security aN original documents relating to the Lease and the leasehdd
<br />interest in the Property. Unless Trustor is In breach or default of any of the terms contained in this Deed of Trust, Lander will have no
<br />right to cancel, modify, change, supplement, alter or amend the leasehold Interest. No estate in the PropeRy, whether Tee title tq the
<br />leasehdd premises, the leasehdd estate, or any subleasehdd estate, will merge without Lender express written consent rather these
<br />estates will remain separate and distinct even if there is a union of these estates In the landlord, Trustor, or a third party who
<br />purchases or otherwise acquires the estates. Truster further agrees that If Trustor acquires all or a portion of the fee simple title, or
<br />any other leasetrold or subleasehdd title to the PropeRy, that title will, at Lender's option, immediately became subject to the terms of
<br />this Deed of Trust, and Trustor will execute, deliver and record all dowments necessary or appropriate to assure that such title is
<br />ser:ured by this Deed of Trust.
<br />Notices Relating to the Lease. Trostor will promptly notify Lender In writing
<br />(f) ii Trustor is in default in the performance or observance of any of the terms, covenants, or conditions which Trustor is to
<br />perform or observe under the Lease;
<br />(2) if any event occurs which would constitute a default under the Lease;
<br />(3) if any notice of default Is given to Truster by the landlord under the Lease;
<br />(4) If, pursuant to the Lease, any proceeds received for the Property are deposited with someone other than Lander, whether
<br />received from any Insurance on the Property or from the taking of any or aN of the Property by eminent domain; and
<br />(5) If any arbitration or appraisal proceedings are requested or instituted pursuant tp the Lease.
<br />Truster agrees to provide Lender promptly with a copy of all written materials relating to any of the above and to provide Lender with
<br />such other information as Lender may reasonably request Trustor agrees that promptly after the execution and delivery of this Deed
<br />of Trust, Trustor will notify the landlord under the tease in writing pi the execution and delivery of this Deed of Trust aril of the name
<br />and address of Larder and will deliver a copy of this Dead of Trust to the landlord.
<br />Option to Cure Laaaa Default. Upon Landers receipt of any written notice of Truator's default under the Lease, Lender may, at
<br />Lenders option, cure such default, even though Trostor, or any party on behalf of Trustor, questions or denies the existence of such
<br />default or the nature of the default. Trustor expressly grants tp Lender the absolute and immediate right to enter upon the Property to
<br />such extent and as often as Lander in it sole discretion deems necessary or desirable in order to prevent or cure any such default by
<br />Trustor.
<br />TAXES AND LIENS. The following provisicns relating to the taxes end Nens on the Property are part of this Deed of Trust
<br />Payment. Trustor shall pay when due (and in all events prior to dalinquenry) all taxes, spatial taxes, assessments, charges (induding
<br />water and sewer), fines and impositipns levied against or on account of the Property, and shall pay when due all daims for work done
<br />on ar for services rendered or material furnished tp the Prpperty. Trustor shah maintain the Property free of all liens having priority
<br />aver pr equal tp the interest of Lander 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 daim in connection with a good faith dispute over the
<br />obligation to pay, so Ipng as Lenders Interest in the property is not jeopardized. If a lien arises or is filed as a result pf nonpayment,
<br />Trustor shall within fifteen (f 5) days after the lien arises nr, if a lien is filed, within fltteen (15) days after Trustor tree notice of the
<br />filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or
<br />other security satisfactory to Lanrtar in an amount sufficient to disdrarge the lien plus any costs and attprneys' fees, or other charges
<br />that could accrue as a result of a foreclosure or sale under the lien. In any wntest Trustor 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 Payment. Trustor shah upon demand furnish to Lander satisfacrory 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 />Notiea of Construction. Trustor shall notify Lander at least fifteen (f 5) days before any work is commenced, any services are
<br />famished, or any materials are supplied to the Property, If any mechanic's lien, materialmen's lien, or other lien could be asserted on
<br />account of the work, services, or materials. Trustor will upon request of Lender famish to Lender advance assurances satisfactory to
<br />Lender that Truster ran and will pay the cost of such improvements.
<br />PROPERTY DAMAGE INSURANCE. The following provlsipns relating to Insuring the Property are a part of this Deed of Trust
<br />Malnhnance of Insurance. Trustor shall procure and maintain pdicias of fire insurance with standard extended coverage
<br />endorsements on a replacement basis for the full insurable value covering all Improvements on the R~1 Property In an amount
<br />sufficient to avoid application of any CplnsurenCe douse, and with a standard mortgagee douse in favor of Lender, together with such
<br />other hazard and liability insurance as Lender may roasana6ly require. Pdidas shall be written in form, amounts, coverages and basis
<br />reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Trustor, upon request of
<br />Lender, will ddivar to Lender from time to time the pdicies or certificates of Insurance In fprm satisfactory to Lender, induding
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