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D��D OF TRUST � o i u u 9 o i 1 �
<br />Loan No: 101235829 (Continued) Page 2
<br />binding upon Trustor and do not rasult in a violation of eny law, regulation, court decree or order applicabla to 7rustnr; (d) Trustor has
<br />established adequate means of obteining frnm Borrower on a continuing 6asis information about Borrpwar's financial condition; and Ie1
<br />Lender has made no representation to Trustor about Borrower (including withaut limitation the creditworthiness of Borrower►.
<br />TRUStOR'S WAIV�RS. Trustor waives all rights nr 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, induding a claim for deficiency to the extent Lender ia o#herwise
<br />entitled to a claim for deficiency, before ar after Lender's commencement or completion of any foreclosure action, either judicially or by
<br />exercise of a power pf ssle.
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower and trustor shall pey to Lender ell
<br />Indebtedness secured by this Deed of 7rust as it becnmes due, and Borrower and Trustor shall strictly perform all their respective
<br />obligations under the Note, this Daad af Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANC� OF 1"HE PRpPEitTY. Borrower and Trustor agree that Borrower's snd Trustor's possession and use of
<br />the Property shall be governed by the following provisions:
<br />Possession and Use. Until the nccurrence 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 #ha Property.
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<br />Duty to Maintain. Trustor shall meintain the Property in tenantable conditian and promptly perform all repairs, replacements, and
<br />maintenance nece�87y itsva+ixer.- ----.__. .,.--- - --�..._.._._.__. _.
<br />Compliance With Environmental Laws. Trustor represents and warrants to Lender thst: (1) During the period of Trustor's ownership
<br />of the Property, there has been no use, generation, manufacture, s#orage, treatment, disposal, release or threatened release of any
<br />Wazardous Substance by any person on, under, about or from the Prnperty; (2) Trustor has no knowladge of, or reason to believe
<br />that thera has baen, except as previously disclosed tn and acknowiedged by Lender in writing, �s) any breach or violation of any
<br />Environmental Laws, (b) any use, ganeretion, manufacture, storage, treatmant, dispnsal, release or threatened release af any
<br />Hezardous 5ubstance on, under, ebout or from the Property by any prior owners or occupants of the Property, or (c) eny actual or
<br />threatened litigation or claims of any kind by any person relating tp such matters; and (3) Except as pr�viqusly 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 Proper#y;
<br />and (b) any such activity shall be conduoted in compliance with all applicable federal, state, and local laws, regulatians and
<br />ordinances, including without limitation sll Envirnnmental Laws. Trustor authorizas Lender and its agents to enter upan the Property
<br />to make such inspections and teats, at Trustor's expense, as Lendsr may deem appropriate to determine compliance of the Property
<br />with this section of tha []eed nf Trust. Any inspections or tests mede by Lender shall be for Lender's purposes only and shall no# be
<br />construed to create any responsibility or liability on the part of Lender to 7rustor or to any other person. The representations and
<br />warranties contained herein are based on Trustor's due diligancs in investigating the Property for Wazardous 5ubstances. Trustor
<br />hereby (1) rel�ases end waives any future claims against Lender for indemnity or cantribution 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 agains# any and all
<br />claims, losses, liabilities, damages, penalties, and expenses which Lender mey directly or indirectly suatsin nr suffer resulting from a
<br />breach of this sec#ion of the Deed of Trust or as a cansequence of any use, generation, manufecture, storage, disposal, release or
<br />thraa#ened release occurring prior to Trustar's ownership or interest in the Property, whether nr not the same was or should have
<br />been known to Trustor. 7he provisions of #his section of the Deed of 7rust, including the obligation to indemnlfy and defend, shall
<br />survive the payment of the Indebtedness snd #he satisfaction and reconueyance 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 foreclnsure nr otherwise,
<br />Nuisance, Waste. Trustor shall not cause, canduc# ar permit any nuisance nor commit, permit, pr suffer any stripping of or waste on
<br />or to the Property or any portion of the Property. Without limiting the generality of the foragoing, Trustor will not remove, or grant to
<br />any other party the right to remnve, any timber, minerals (including oil and gss1, coal, clay, scoria, soil, gravel or rock products
<br />without Lender's prior written consent.
<br />Removal af Improvements. Trustor shall not demalish or remove any Improvements from the Real Prnperty without Lender's prior
<br />written consent. As a conditian to the removal of any Improvements, Lender may require Trustnr tn make arrangements satisfactory
<br />ta Lander to replace such Improvements with Imprpvqments of at teast equal value.
<br />Lander's Right to Enter. Lender and Lender's agen#s and representatives may enter upon the Real property a# sll reasnnable 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 Govemmental Requirements. Trustor shall promptly comply with all laws, ordinances, and regulations, naw or
<br />hereafter in effect, of ell governmental authorities applicable tn the use or occupancy of the Property, including without limitation, the
<br />Americans With Disabilities Act. Trustor may enntest in good faith any such law, ordinance, or regulstipn and withhold compliance
<br />during any proceeding, including appropriate appeals, so long as Trustor has notifiad Lender in writing prior to doing so and so long as,
<br />in Lender's sole opinian, Lender's interests in the Proper#y are not jenpardized. Lender may require Trustor to post adequa#e security
<br />nr a surety bond, reasonably satisfactvey to Lender, to protect Lender's interest.
<br />Duty to Proteat. Trustor agrees neithar to abandnn or leave unattended the Property. Trustor shall da sll o#her acts, in addition to
<br />those acts set forth above in this section, which from the character and use of #ha Property sre reasonably necessary to protect and
<br />preserve the Property.
<br />DUE ON SALE - C�N5ENT BY LEN�EFt. Lender may, at Lender's option, declare immediately due and payable all sums secured by this
<br />Daad of Trust upnn the sale or transfer, without Lender's prior writ#en 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 Property; whather legal,
<br />beneficial or equitable; whether voluntery or invnluntary; whether by outright sale, deed, instsllmant sale contract, land contrect, contract
<br />for deed, leasehold in#erest with a term greater than three (3) years, lease-pption con#ract, nr by sale, assignment, or transfer of any
<br />beneficial interest in or to any land trust holding title to the Resl Property, or by any other method of conveyance of an interest in the Real
<br />Property. If any Trustor is a corporation, partnership or limited liability company, transfer also includes any change in pwnership of more
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