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Loan No: 101237344
<br />DE�D OF TRUST
<br />(Continued) '� Q i � 0 9 4 8� Page 2
<br />PAYMENT AND PERFORMANCE. Excapt as otherwise prpvided in this �eed of Trust, Borrower shall pay to Lender all Indebtednass
<br />secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall perform all their respective obligations under the Note,
<br />this Deed of Trust, and the Related Documenta.
<br />POS5E3SION AND MAIN7ENANC� OF THE PROPERTY. Borrower and Trustar agree that Barrower's and Trustor's passession and use of
<br />the F'rnperty shall be governsd by the follawing provisions:
<br />Poasassion and Use. Until the occurrence of an �vent of Default, Trustor may (1) remain in possession and cantrol of the Property;
<br />(2) use, operate or manage tha Property; and 13) collect the Rents from the Property.
<br />Duty to Maintain. Trustor shall maintain the Property in tenantable nondition and prnmptly perform sll repairs, replacements, and
<br />maintenance necessary to preserve its valus.
<br />Compliance With Environmentnl Laws. Trustor represents end warrants ta Lender that: (1) puring the period of Trustor's ownership
<br />of the Property, there has been np use, generation, manufacture, storege, treatment, disposal, release nr threatened release of any
<br />Hazardous Substance by any person on, under, about or trom the Property; (2) Trustor has no knowledge of, or resson 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, trsatment, disposal, release nr threatened release of any
<br />Hazardous Substance an, under, abaut or from the Prpperty by any prior owners or occupants of the Property, or (c) any actuel 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 />acknowledgad by Lender in writing, la) neither Trustor nor sny tenant, contractor, agent or other authorized user of the Property
<br />shall use, generate, manufacture, store, #reat, dispose nf or release any Hazardous Substance on, under, abput or from the Property;
<br />and (b) any such activity shall be canducted in compliance with sll applicable federal, state, and local laws, regulations and
<br />ordinances, including without limitation all Environmental Laws. 7rustor authorizes Lender and its agents to enter upon the Property
<br />ta make such inspectians and tests, at 7rustor's expense, as Lander may deem appropriate to determine complience of the Property
<br />with this section of the baed of Trust. Any inspections or tests made by Lender shall be for Lander's purpases only and shall not be
<br />construed to create any responsibility or liability on the part of Lender to Trustor or ta 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 tuture claims against Lender for indemnity or contribution in the event Trus#or becomes liable for
<br />cleanup or other costs under any such lews; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all
<br />claims, losses, liabilities, damages, penalties, and expanses which Lender may directly or indirectly sustain ar suffer resulting from a
<br />breach of this section of the Deed of Trust or as e consequence af any use, generation, manufacture, storage, disposal, release or
<br />threatened release accurring prior to Trustor's ownership or interest in the Property, whether or not the same was or ahould have
<br />been known ta Trustpr. 7he provisions of this section of the Daed of Trust, including the obligation to indemnify and defend, shall
<br />survive the payment of the Indebtedness and the satisfaction end reconveyance of the lien of tMis Deed of Trust and shall not be
<br />effected by Lender's acquisition of any interest in the Property, whether by fareclosure or otherwise.
<br />Nuisance, Waste. Trustor shall not cause, canduct or permit sny nuisance nor cnmmit, permit, or suffer any stripping of or waste an
<br />or ta ths Praperty or any portian of the Property, Without limiting the generality of the foregoing, Trustar will not remove, or grant to
<br />any other party the right to remove, any timber, minerals (including pil and gas1, coal, clay, scoria, soil, gravel or rock products
<br />without Lander's prior written consent.
<br />Removal pf Improvements. Trustor shall not demolish or remove any Improvements from the Real Praperty withput Lender's pripr
<br />written consent. As a condition to the removal of any Improvements, Lender may require Trustor to make arrengements satisf�ctory
<br />to Lender to replace such Improvements with Improvements of at least equel value.
<br />Lender's Right tv Enter. Lender and Lender's agents end representatives mey enter upon the Real Property at all reasonable times to
<br />attend to Lender's interests and to inspect the Real Property for purppsas of 7rustor's compliance with the terms and cnnditions of
<br />this Deed of Trust.
<br />Compliance with Governmentnl Requirements. Trustor shell promptly comply with all laws, nrdinances, and reguletions, now or
<br />hereafter in effect, of all governmental authorities appliceble to the use or accupancy of the Propsrty, including without limitation, the
<br />Americans With Disabilities Act. Trustor may contast in good faith any such law, ordinence, 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 sn long as,
<br />in Lender's sole opininn, 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 pr leave unattended the Property. Trustor shall do all other acts, in addition to
<br />those acts set fprth above in this section, which frpm the character and use of the Property are reasonably nacessary 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 Daad of Trust:
<br />Payment. Trustor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including
<br />wster and sewer), fines and impositions levied against or on accaunt of the Property, and shall pay when due all claims for work done
<br />on or for services rendered or material furnished to the Prpperty. Trustor shall maintain the Property free of all liens having priority
<br />over or equal to the interest vf Lender under this Deed of Trust, except fpr the lien of taxes and assessments npt due and except as
<br />otherwise provided in this Deed of Trust.
<br />Right to Contest. Trustar may withhold payment of any tax, �ssessment, or claim in connection with a good faith dispute over the
<br />obligation to pay, so long as Lender's interest in the Propsrty is not jeopardized. If a lien arises or is filed as a result of nonpayment,
<br />7rustar shall within fifteen (15) days after the lien arises or, if a lian is filed, within fifteen (15) days after "frustnr has notice of the
<br />filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender essh or a sufficient corporate surety bond or
<br />other security satisfactory to Lender in en amount sufficient to discharge the lien plus any costs and ettorneys' fees, or other charges
<br />that could accrue as a result af a foreclosure or sale under the lien. In sny contest, trustor shall dstend itself and Lendar and shall
<br />satisty any adverse judgment before enforcement egainst the Property. Trustor shall name Lender as an additionel obligee under any
<br />surety bond furnished in the contest praceedings.
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