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D�ED OF TRUST 2 O 1 O U�� 8 G
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<br />established adequate means of obtaining from Borrower on a continuing basis infprmation ebout Borrower's financial condition; and (e)
<br />l.ender has made no representation to 7'rustor about Borrower (including without limitation the creditworthinsss of Borrowerl.
<br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency" law, or any ather
<br />law which may prevent Lender fram bringing any action against Trustor, including a claim for deficiency to the extent Lender is oth�rwise
<br />entitled to a claim fpr deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by
<br />exercise of a pvwer of sale.
<br />pAYMENT AND PERFQRMANCE. Except as otherwise provided in this Deed of Trust, Borrower and Trustor shall pay to Lender all
<br />Indebtedness sacured by this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly perform all their respective
<br />abligations under #he Note, this Deed of Trust, and the Related Documents.
<br />pQSSES510N AN1] MAINTENANGE aF THE PROPERTY. Borrower and Trustor agree that Borrpwer's and Trustor's passession and use of
<br />the Property shall be govemed by the following provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in passession and control of the Property;
<br />(2) uss, operate or manage the Property; end (3) collect the Rents from the Proparty.
<br />Duty to Maintain. Trustor shall maintain the F'roperty in tenantable condition and promptly perfprm all repairs, replacements, and
<br />maintenance necessary to preserva its value.
<br />Compliance With Environmental Lews. 7rustor represents and warrants to Lender that: (1) During the period of Trustor's ownership
<br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance 6y any perspn on, under, about or frpm the Property; (2) Trustor has no knqwledge of, or reason to believe
<br />that there has 6een, except as previously disclosed to and acknowledged by Lender in writing, Ia) any 6reach or violation of any
<br />Environmental Laws, (b) any use, generation, manufacture, storage, traatment, disposal, ralease or threatened release of any
<br />Hazardous Substance on, under, about or fram the Property by any priar owners or occupants af the Property, or (c) any actual or
<br />threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed #o and
<br />acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other authorized user of the Prpperty
<br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Prnperty;
<br />and (b) any suCh activity shall pe eonduc#ed 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 cqmpliance of the Property
<br />with this sectian of the Deed of 1'rust. Any inspections or tests made by Lender shall bs for Lender's purposes only and shall npt be
<br />cons[rued to create any responsibility or liability on the part of l.ender to Trustor or ta any other person. 7he representations and
<br />warranties contained hersin are based on Trustor's due diligence in investigating the Property for Hazardous Substances. Trustar
<br />hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event 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 all
<br />claims, losses, liabilities, damsges, 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 s consequence of any use, generation, manufacture, storage, disposal, release or
<br />threatened release occurring prior 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 �eed of Trust, including the obligatian to indemnify and defend, shall
<br />survivs the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Qeed of Trust and shall not be
<br />affected by Lender's acquisition of any interest in the Property, whether hy foreclosure or otherwise.
<br />Nuisance, Waste. Trustor shall not cause, conduct or permit eny nuisance nor commit, permit, or suffer any stripping of or waste on
<br />or to tha Property or any portion of the Property. Without limiting the generality of the foregoing, 7rustor will not remove, or grant to
<br />any other party the right to remove, eny timber, minerals (including pil and gas1, caal, clay, scoria, soil, gravel or rock products
<br />without Lender's priar written consant.
<br />Removul nf Impravements. Trustor shall not demalish or remove any Improvements from the Real Property without Lander's prior
<br />written consent. As a condition tn the removal of any Improvements, Lendar may require Trustor to make arrangements satisfactory
<br />to Lendar to replace such Improvements with Improvements of at least equal value.
<br />Lender's Right ta Enter. Lender and Lender's agents and representatives may enter upon the Real Property et all reasonable times to
<br />attend to Lender's intsrests and to inspect the Real Property for purppses of 7rustor's compliance with the terms and conditions of
<br />this Deed of 7rust.
<br />Compliance with Gavernmental Requirements. Trustor shall promptly camply with all laws, ordinances, and regulations, now or
<br />hereafter in effect, of aIl governmental authorities applicable to the use or occupancy of the Property, including without limitation, the
<br />Americans With �isabilities Act. Trustor may contest in good faith any such law, ordinance, or regulation and withhpld compliance
<br />during any proceeding, including appropriata appeals, so long as Trustor has notified Lender in writing prior to doing so and so long as,
<br />in Lender's sole opinion, l.ender's interests in the Prpperty are not jeopardized. Lender may require Trustor to post adequate security
<br />or a surety bond, raasonably satisfactvey tq Lender, to protec[ Lender's interest.
<br />Duty ta Protect. Trustor agrees neither to abandon or Isave unattended tha Property. Trustar 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 reasonaply necessary to protect and
<br />praserve the Prpperty.
<br />DU� ON SALE - CONSENT BY LENDER. Lender may, st Lender's option, declare immedia#ely due and payable all sums secured by this
<br />Deed of 7rust upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the
<br />Real Property. A"sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Prpperty; whether legal,
<br />6eneficial or equitable; whether voluntary or involuntary; whether 6y outright sale, deed, installment sale contract, land contract, contract
<br />for deed, Ieasehold interest with a term greater than three (3) years, lease-aption contract, or by sale, assignment, or transfer of any
<br />beneficial interest in pr to any land trust holding title to the Real Property, or by any other methpd of conveyance af an interest in the Real
<br />Property. If any Trustor is a corporation, partnership or limited liability company, transfer also includes any change in ownership of more
<br />than twenty-five percent (25%) of the voting stock, partnership interests or limited liability company interests, as the case may ba, of such
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