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<br /> DEED OF TRUST 201005913
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<br /> (Continued)
<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 owner's or occupants of the'Property, or (cl any actual or
<br /> threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and
<br /> acknowledged by Lender in writing, (a) neither Trustor nor any tenant, 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 the Property
<br /> to make such inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the Property
<br /> 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 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 /> warranties contained herein are based on Trustor's due diligence in investigating the Property for Hazardous Substances. Trustor
<br /> hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for
<br /> cleanup or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all
<br /> claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a
<br /> breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or
<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 Trustor. The provisions of this section of the Deed of Trust, including the obligation to 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 shall not be
<br /> affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise.
<br /> Nuisance, Waste. Trustor 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, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products
<br /> without Lender'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 /> written 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 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'Tru'stor's compliance with the terms and conditions of
<br /> this Deed of Trust.
<br /> Gprripliance wit`h' Govornrnental Requirements. Trustor shall' promptly compl'y` with all laws, ordinances, acid regulations, now or
<br /> hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the
<br /> Americans With Disabilities Act. Trustor may contest in good faith 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 are not jeopardized. Lender may require Trustor 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 from 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 shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including
<br /> water and sewer), fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done
<br /> on or for services rendered'or material furnished to the Property. Trustor' shallmaintain the Property free of all liens having priority
<br /> 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
<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 pay, 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 filed, within fifteen (15) days after Trustor has 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 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, 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 ofRbyment. Trustor shall upon demand furnish to Lender satisfactory evidence. of payment of the taxes or assessniehts 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 05j days' before any work. is commenced, any services are
<br /> furnished, 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 furnish to Lender advance assurances satisfactory to
<br /> Lender that Trustor can and will pay the cost of such improvements.
<br /> PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust.
<br /> Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended coverage
<br /> endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount
<br /> sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Trustor shall also
<br /> procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Trustee and
<br /> Lender being named as additional insureds in such liability insurance policies. Additionally, Trustor shall maintain such other
<br /> insurance, including but not limited to hazard; business interruption, and boiler insurance, as Lender may reasonably require, Policies
<br /> shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies
<br /> reasonably acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender from time to time the policies or certificates
<br /> of insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished. without at least
<br /> ten (10) days prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in favor
<br /> of Lender will not be impaired in any way by any act, omission or default of Trustor or any other person. Should the Real Property be
<br /> located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Trustor
<br /> agrees to obtain and maintain Federal Flood Insurance, if available, for the full unpaid principal balance of the loan and any prior liens
<br /> on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise
<br /> required by Lender, and to maintain such insurance for the term of the loan.
<br /> Application of Proceeds. Trustor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss
<br /> if Trustor fails to do so within fifteen 0 5) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's
<br /> election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of
<br /> any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and
<br /> repair;' Trustor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon
<br /> satisfactory proof of such expenditure, pay or reimburse Trustor from the proceeds for the reasonable cost of repair'br restoration if
<br /> Trustor is not in default under this Deed of Trust.' Any proceeds which have not been disbursed within 180 days 'after their receipt
<br /> and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Gender
<br /> under this Deed' of Trust; then to pay accrued interest, and the remainder, if' any, shall be applied to the principal balance of the
<br /> Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Trustor as
<br /> Trustor's interests may appear.
<br /> Trustor's Report on insurance. Upon request of Lender, however not more than once a year, Trustor shall furnish to Lender a report
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