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<br /> DEED OF TRUST 2 010 4 9 0 0 8
<br /> Loan No: 101235619 (Continued) Page 2
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<br /> established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e)
<br /> Lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower).
<br /> TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency" law, or any other
<br /> law which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise
<br /> entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by
<br /> exercise of a power of sale.
<br /> PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower and Trustor shall pay to Lender all
<br /> Indebtedness secured by this Dead of Trust as it becomes due, and Borrower and Trustor shall strictly perform all their respective
<br /> obligations under the Note, this Deed of Trust, and the Related Documents.
<br /> POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession and use of
<br /> the Property shall be governed by the following provisions:
<br /> Possession and Use. Until the occurrence of an Event of Default, 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 tenantable condition and promptly perform all repairs, replacements, and
<br /> maintenance necessary to preserve its value.
<br /> Compliance With Environmental Laws. Trustor 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 by any person on, under, about or from the Property; (2) Trustor 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, release or threatened release of any
<br /> Hazardous Substance on, under, about or from the Property by any prior owners or occupants of 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 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 Dead 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 Trustor's compliance with the terms and conditions of
<br /> this Deed of Trust.
<br /> Compliance with Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, and 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 shall maintain 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
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