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201006361
<br />DEED OF TRUST
<br />Continued) Page 2
<br />maintenance necessary to preserve its value.
<br />Compliance With Environmental E.avrs. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership
<br />of the Property, there has bean no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance by any parson on, under, about or from~the Property; (2) Trustor has no knowledge of, nr reason to believe
<br />that there has been, except as previously disclosed #o and acknowledged by Lender in writing, (a) any breach or vialatfon of any
<br />Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release ar threatened release of any
<br />Hazardous Substance an, under, about yr from the Property by any prier owners or occupants afi the Praperiy, or (c) any actual ar
<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 Lander In writing, (a) neither Trustor nor any #enanf, contractor, agent yr 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 ail applicable federal, state, and total laws, regulations and
<br />ordinances, including without Ilmita#ian ail Environmental Laws. Truatar authorizes Lender and its agents to enter upon the Properly
<br />to make such inspections and tests, at Trustor's expense, as Lander may deem appropriate to determine compliance of the Property
<br />with this section of the De®d of Trust. Any inspections or tests made by Lender shall be for Lenders purposes only and shall not be
<br />construed to create any responstbllRy or liability on the part of Lander to Trustor ar to any other person. The representations and
<br />warranties contained herein are based on Trusty's due diligenne in investigating the Property for liaxardous Substances. Truster
<br />hereby (1) releases and waives any future claims against Lender far indemnity or cantributian in the ®vent Trustor becomes liable for
<br />cleanup ar other costs under any such laws; and (2) agrees to Indemnify, defend, and hold harmless Lender against any and ail
<br />claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain ar suffer resulting from a
<br />breach of this section of the Deed of Trust ar as a consequence of any use, generation, manufacture, storage, disposal, release or
<br />threatened release occurring prier to Trustor's ownership ar 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 recpnveyance of the lien of this peed 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 tv the Property or any portion of the Property, Without limiting the generality of the foregoing, Truatar will not remove, or grant to
<br />any other party the right tv remove, any timber, minerals (including oil and gas), coat, clay, scoria, sell, gravel ar rock products
<br />without Lenders prior written consent.
<br />Removal of Improvements. Trustor shalt oat demolish or remove any Improvements from the Real Properly without Lender's prior
<br />written consent. As a condition to the removal of any Improvements, Lender may require Trustor to make arrangemanks satisfactory
<br />to Lander to rapists such Improvements wsth Improvements of at least squat value.
<br />Lender's Right to Enter. tender 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 Trustor's compliance with the terms and conditions Of
<br />this Deed df Trust.
<br />Campiianc® with Governmental Requirements. Trustor shall promptly comply with all laws, ardinanoes, and regulations, now ar
<br />hereafter in effect, of all govemmentai authorities applicable to the use or occupancy of the Praperiy. Truatar may contest in good
<br />faith any 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 tv doing so and so tong as, in Lender's sole opinion, Lender's interests in the Property are
<br />oat jeopardized. Lender may require Trustor to past adequate security or a surety bond, reasonably satisfactory to Lender, to protect
<br />Lenders interest.
<br />Duty to protect, Trustor agrees neither to abandon ar leave unattended the property. Trustor 5hatl 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 ors r®asonably necessary to prvtevt and
<br />preserve the Property.
<br />TAXES ANI] LIENt"s. The following provisions relating to the taxes and (lens an the Property are part of this Deed a# Trust
<br />Payment. Trustor shall pay when due (and in all events prier to delinquency) al[ taxes, epees! taxes, assessments, charges (including
<br />water and sewer), fines and impositions levied against ar on account of the property, and shall pay when due all claims far work done
<br />on ar far services rendered or material fumished to the Property. Trustor shall maintain the Property free of all liens having priority
<br />aver 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 Cant®st. Trustor may withheld payment of any tax, assessment, or claim in connection with a good faith dispute over the
<br />obligation to pay, sv long as Lender's interest In the Property Is not jeopardized. If a Tien arises or is filed as a result of nonpayment,
<br />Trustor shall within frfteen (16) days after the Ilan arises or, if a Ifen is filed, within fifteen (15) days after Trustor has notice of the
<br />tiling, secure the discharge of the lien, or if requested by Lender, deposit with tender cash er a sufficient corporate surety band nr
<br />other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' Tees, or ether charges
<br />that could accrue as a result of a foreclosure or sale under the lien. In any contest, Trustor shalE defend itself and Lender and shall
<br />satisfy any adverse judgment before enfaroement against the Property. Trushar shall name Lender as an additional obligee under any
<br />surety band furnished in the contest proceedings.
<br />Evidence of Payment. Trustor shall upon demand furnish to Lender satisfaatary evidence of payment of the taxes ar assessments and
<br />shall authorize the appropriate governmental official to deliver to Lander at any time a written statement of the taxes and assessments
<br />against the Property,
<br />Notice of Canstructfon. Trustor shall notify Lender at least fifteen (1s) days before any work is commenced, any services are
<br />furnished, nr any materials are supplied tv the Property, tf any mechanic's Ilan, materialmen's lien, or other lien could be asserted on
<br />account of the work, services, or materials. Truatar writ! 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 />PR{]PERTY flAMAGE INSi1RANCE. The following pravisians relating #o insuring the Property are a par! of this Deed of Trust.
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