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D�ED �F TRUST
<br />Loan No: 101237344 (Continued) 2 � 1 � � 9 4 g�, Page 2
<br />entitled to a claim for deficiency, before or after Lender's commencement or completion of any fpreclosure action, either judicially or by
<br />exercise of a power af sale.
<br />PAYMENT AND PEFtFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness
<br />secured by this Deed of Trust as it 6ecames due, and 8orrower and Trustor shall perform all their respective obligations undar the Note,
<br />this Deed of Trust, end the Related Documents.
<br />PQSSESSION AND MAINTENANCE OF TME PRQPERTY. 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 af an Event af Default, Trustor mey (1) ramain in possessian and control of the Property;
<br />(2) use, operate or manage the Property; and (3) collect the Rents from the Praperty.
<br />Duty to Maintain. Trustor shall maintain the Property in tenanteble condition and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve its value.
<br />Compliance With Environmental Lews. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership
<br />of the Froperty, there has been no use, generatipn, manufacture, storage, treatment, disposal, relaese or threatened release of any
<br />Hazardous Substance by any person on, under, about or from the Property; (2) Trustor has np knowledge of, or reason to believe
<br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breaeh or violatian of any
<br />Environmental Laws, Ib) any use, generation, manufacture, storaga, treatment, disposal, release or threatened release of any
<br />Hazardous Substance on, under, about or from the Property by eny prior owners or occupants of the Prpperty, or (c) any actual or
<br />threatened litigation or claims of any kind 6y any person relating to such matters; and (3) Except as previously disclosed ta and
<br />acknowledged by Lender in writing, la1 neither Trustor nor any tenent, contractor, agent or other authorized user of the Prpperty
<br />shall use, generate, manufacture, store, treat, dispose of or release eny Hazardous 5ubstance on, under, about or from the Property;
<br />and (b) any suoh activity shall be conducted in campliance with all applicable federal, state, and local laws, regulations and
<br />ordinences, including without limitation all Environmental Laws. Trustor authorizes Lender and its agents to enter upon tha Prpperty
<br />to make such inspections and tests, at Trustor's expense, as Lendsr may deem appropriate to determine cor'npliance of the Property
<br />with this section of the Desd of Trust. Any inspections pr tests made by Lender shall 6e for Lender's purposes only and shall not be
<br />construed to create any responsibility pr liability on the part of Lender to Trustnr or to any other person. The representstions 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 w�ives any future claims against Lender for indemnity or contribution in #ha avent Trustor becomes liable for
<br />cleanup or ather costs under any such laws; and (2) agrees ta indemnify, defend, and hold harmless Lender against any and all
<br />claims, Ipsses, liabilities, damages, penalties, and expenses which Lender may diractly or indirectly sustain or suffer resulting from a
<br />breach of this section of the Deed of Trust or as a consequence pf eny use, generation, manufacture, storage, disposal, release or
<br />threatened release occurring pripr to Trustor's ownership or interest in the Property, whether or not the same was or should have
<br />been known to 7rustnr. The provisions of this sectinn pf the Deed of Trust, including the obligatipn 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 />sffected by Lender's acquisition of any interest in the Property, whether by foreclosure or ptherwise.
<br />Nuisanca, Waste. Trustor shall not ceuse, cnnduct or permit any nuisance nor cnmmit, permit, or suffer any stripping of or waste an
<br />or to the Property ar any portion of the Property. Without limiting the generality of the foregoing, Trustor will not remove, nr grant to
<br />any other party the right to rempve, eny Yimber, minerals lincluding nil and gas►, coal, clay, scoria, soil, gravel or rock prpducts
<br />without Lender's prior written consent.
<br />Removal of Improvemen#s. Trustor shall not demolish or rempve eny Improvements from the Real Property withnut Lender's prior
<br />written consent. As a condition to the removal of any Improvements, Lender may require Trustor to make arrengements satisfactory
<br />to Lender to replace such Imprpvements with Improvements of at least equal vslue.
<br />Lender's fiight to Enter. Lender and Lender's agents and representatives mey en#er upon the Real Property at all reasonable times to
<br />attend ta Lender's interests and to inspect the Rea) Property fpr purposes of Trustor's compliance with the terms and conditions pf
<br />this Deed ot Trust.
<br />Cnmpliance with Governmental Requirements. Trustpr shall promptly comply with all laws, ordinances, and regulations, npw or
<br />hereafter in effect, of all governmental au#horities applicable to the use or occupancy of the Property, including without limitation, the
<br />Americans With Dissbilities Act. Trustor may contest in good faith any such law, prdinance, or regulation and withhold compliance
<br />during any proceeding, including appropriate appeals, so Ipng 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 1"rustor to post adequate securfty
<br />or a surety bond, reasone6ly satisfactory to Lender, to protect Lender's interest.
<br />Duty to Protect. Trustor agrees neither to abandon or leave unattended the Property. Trustor shall dp 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 />TpXES ANO LI�NS. l'he following provisfons relating to the taxes and liens on the Property are part of this Deed of Trust:
<br />Paymen#. Trustpr shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges lincluding
<br />water and sewer), fines and impositions levied against or on account of the Prpperty, and shall pay when due all claims for work done
<br />on or for services rendered or material furnished tn the Property. Trustor shall maintain the Property free of all liens having priority
<br />over or squal to the intsrest 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 Contast. Trustor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over tha
<br />obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arisas or is filed as a result of nonpayment,
<br />Trustor shall within fifteen (15) days after the lien arisas or, if a lien is filed, within fifteen �15) days after Trustor h8s nptiCe of the
<br />filing, secure the discharge af tha lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or
<br />other 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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