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DEED OF TRUST 2 O 1 O Q$� 2 O
<br />Loan No: 901236204 (Continued) Page 2
<br />UNPER THE NOTE, THE RELATED DOCUMENTS, AND 7HIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON TWE
<br />FQLLOWING TERMS:
<br />PAYMENT AND PERFQRMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by
<br />this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustor's pbligations under the Note, this
<br />Dead nf Trust, and the Related Documents. �
<br />POSSESSION AND MAINTENANCE OF TH� PqQPERTY. Trustor agrees that Trustor's passession and use of the Property shall be
<br />governed by the following provisions:
<br />Possession and Use. Until the occurrence of an �vent of Defeult, Trustor may (1) remain in possession and control of the Property;
<br />(2) use, operate or manage the Property; and (3) collect the Rents from the Property.
<br />Duty to Maintain. Trustor shall maintain the Property in good condition and prvmptly perform all repairs, replacements, and
<br />maintenance necessary to preserve its value.
<br />Compliance With Environmental Laws. 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, traatment, disposal, release or threatened release of any
<br />Hazardous Substance by any persan on, under, about or from the Property; (2) Trustnr has no knowledge of, or reason to believe
<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, relsase ar threatened release of any
<br />Hazardous Substance on, under, about or from the Praperty by any prior owners or occupants of the Property, or (c) any actual or
<br />threatenad litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to end
<br />acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other authorized user of the Prnperty
<br />shall use, generate, manufacture, stare, treat, dispose of or release any Hazardous Substance on, under, about or from the Property;
<br />and (6) any such activity shall ba conducted in compliance with all applicable federal, state, and local laws, regulations and
<br />ordinances, including without limitation all Environmental Laws. Trustor authnrizes Lender and its agents to en#er upon the Property
<br />to make such inspections end tests, at Trustor's expense, as Lender may deem appropriate to detarmine compliance of the Property
<br />with this section of the Deed of Trust. Any inspections ar tests made by Lender shall be for Lander'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 Trustar's due diligence in investigating the Property for Hazardous Substances. Trustor
<br />heraby (1 � releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomas liable for
<br />cleanup pr other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all
<br />claims, Insses, liabilities, damages, penaltiss, and expenses which Lender may directly pr 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, manutacture, storage, disposal, release or
<br />threatened release occurring prior to Trustor's ownership or interest in the Prnperty, whether or not the same was or should have
<br />been known to Trustor, 7he provisions of this section of the Deed ot Trust, including the obligation tv 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 eny portion of the Property. Without limiting the generality of the foregoing, Trustor will not remove, ar grant to
<br />any other party the right to remove, any timber, minerals (including oil and gasl, coal, clay, scoria, soil, gravel or rock products
<br />withaut 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 candition to the removal of any Improvements, Lender may require 7rustor to make arrangements satisfactory
<br />[o Lender to replace such Improvements with Improvements of at least equal value.
<br />Lender's Right to �nter. Lender and Lender's agents and rapresentatives 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 of Trust.
<br />Compliance with Governmental Requirements. 7rustor shall promptly comply with all laws, ordinances, and regulations, now or
<br />hereaftar in effect, of all governmental authorities applicable to the use or occupancy of the Property. Trustor 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 to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are
<br />not jeopardized. Lender may require 7rustor to past adequate security or a surety band, reasonably satisfactory to l.ender, to protect
<br />Lender's interest.
<br />Duty to Protect. Trustor agrees neither to abandon or leave unattended the Proparty. Trustor shall do all other acts, in addition to
<br />those acts set forth above in this sectivn, which from the character and use of the Praperty are reasonably necessary to protect and
<br />preserve the Property.
<br />TAXES AND LIENS. The fnllowing provisions relating to #he taxes and liens on the Property are part af this Deed of Trust:
<br />Payment. 7rustor shall pey 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 shell pay when due all claims tor wvrk done
<br />on or for services rendered or material furnished to the Property. Trustor shall meintein the Property free of all lians 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 />atherwise pravided 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 Ivng as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpaymen#,
<br />7rustor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fiftesn (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 suraty bond or
<br />nther security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges
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