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DEED OF TRUST
<br />(Continued) 2 010 0 9 8 4 9 Page 2
<br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous 5ubstance on, under, about or from the Property;
<br />and (b) any such activity shall be conducted in compliance with all appliceble feder'al, 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 [ests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the Property
<br />with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be
<br />cnnstrued 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 6ased on Trustor's due diligence in investigating the Property for Mazardous 5ubstances. 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, liabilitiss, damages, penalties, and expenses which Lender may directly or indirecily sustain or suffer resulting from a
<br />breach of this section of the Deed of Trust or as a cnnsequence of any use, generation, manufacture, storage, disposal, release or
<br />threatened release occurring prior to Trustar's ownership or interest in the Property, whether or not the same was or should have
<br />been known to 7rustor. The provisions of this section pf the Deed of Trust, including the obligation to indemnify and defand, shail
<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 6y foreclosure or atherwise.
<br />Nuisance, Waste. Trus[or shall not cause, conduct or permit any nuisance nor commiY, 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 ihe foregoing, Trustor will not remave, or grant to
<br />any other party the right to remove, any timber, minerals (including oil and gas1, coal, clay, scoria, soil, gravel or rock products
<br />without Lender's prior written consent.
<br />Removal of Improvements. Trustor shall not demoiish or remove any Improvemants from the fieal Property without Lender's prior
<br />written consent. As a condition to the removal of any Improvements, Lender may require Trustor tn make arrangements satisfactory
<br />to Lender to replace such Improvements with Improvements of at least equal value.
<br />4ender's Right to Enter. Lender and Lender's agents and represen[atives may enter upnn the Real Property at all reasanable times to
<br />attend to Lender's interests and to inspect the Real Property for purposes of Trustnr's compliance with the terms and conditions of
<br />this Deed of Trust.
<br />Compiiance with Governmental Requirements. Trustor shall promptly comply with all laws, ardinances, and regulations, now or
<br />hereafter in effect, of all gavernmental 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, brdinance, or regulation and withhold compliance
<br />during any proceeding, including appropriate appeals, sa long as Trustor has notified Lender in writing prior to doing so and so long as,
<br />in Lender's sole opinion, Lender's inierests in the Property are not jeopardized. Lender may require Trustor to post adequate security
<br />or a surety bond, reasonably satisfactory ta Lender, to protect Lender's interest.
<br />Duty to Protect. Trustor agrees neither to abandon or leave unattended the Praperty. Trustor shell do all other ac[s, in addition to
<br />those acts set forth abave in this section, which from the character and use af the Property are reasonably necessary to pratect and
<br />preserve the Property.
<br />7AXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust:
<br />Payment. 7rustor shall pay when due (and in all events priar to delinquency) all taxes, special taxes, assessments, charges (including
<br />water and sewerl, fines and impositinns levied against or on account of the Property, and shall pay when due all ctaims for work done
<br />on or for services rendered or meterial furnished ta the Property. Trustor shatl 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 nat due and except as
<br />otherwise provided in this Deed of Trust,
<br />Right to Contest. Trustor may withhold payment of any tax, assessment, ar claim in connecYion with a good faith dispute aver the
<br />obliga[ion to pay, so long as Lender's interest in the Property is noc jeopardized. If a lien arises or is filed as a result of nnnpayment,
<br />Trustor shall within fifteen (15) days efter the lien arises ar, if a lien is filed, within fiftaen (15) days after 7rustor has notice of the
<br />filing, secure the discharge of the lien, or if requested by Lender, deposi[ with Lender cash or a sufficient corparate surety bond or
<br />other security satisfactory to Lender in an amaunt sufficient to discharge the lien plus any costs and attorneys' fees, or other charges
<br />that could accrue as a result of s foreclosure or sale under the lien. In any contest, Trustor shall dafend itself and Lender and shall
<br />satisfy any adverse judgment 6efore enforcement against the Property. Trustor shall name Lender as an additional obligee undar any
<br />surety bond furnished in the contest proceedings.
<br />Evidence of Payment. 7rustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and
<br />shall authorize the appropriate governmenisl official to deliver to Lender at any time a written statement of the taxes and assessments
<br />against the Property.
<br />Notice of Construction. Trustor shall notify Lender at least fifteen (15) days befqre any work is commenced, any services are
<br />furnished, or any materials are supplied to the Property, if any mechenic's lien, materialmen's lien, or other lien could be asserted on
<br />account of the work, services, or materials. Trus(or will upon request of Lender furnish to Lender advance assurances satisfactory to
<br />Lender that Trustor can and will pay ihe cast of such improvements.
<br />PRpPERTY DAIIAAGE INSURANCE. The following provisions relating to insuring the Property ara a part of this Deed of Trust.
<br />Maintenance of Insurance. Trustor shall procure and maintain pplicies of fire insurance with standard extended coverage
<br />endorsements on a fair value basis for the full insurable value covering ell Improvements on the Real Property in an amount sufficient
<br />to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Trustor shall also procure
<br />and maintain comprehensive general liability insurance in such cbverage amounis ss Lender may request with Trusiee and Lender
<br />being named as additional insureds in such liability insurance policies. Additionally, 7rustor shall maintain such other insurance,
<br />including but not limited tn hazard, business interruption, and boiler insurance, as Lender may reasonably rBquire. Policies shall be
<br />written in form, amounts, coverages and 6asis reasonably acceptable to Lender and issued by a company or campanies reasona6ly
<br />acceptable to Lender. 7rustar, upon request of Lender, will deliver to Lender from time to time the policies or certificates of insurance
<br />in form satisfactory to Lender, including stipulations that coverages will not ba cancelled or diminished without at least thirty (30)
<br />days prior written notice to Lender. Each insurance policy also shall include an andorsement providing [ha[ coverage in favor of
<br />Lender will not be impeired in any way by any act, omission or default af Trustor or any other person. Shpuld the Real Property 6e
<br />located in an area designated by the Directnr of the Federal Emergency Management Agency as a special flood hazard area, 7rustor
<br />agrees to obtain and maintain Federal Flood Insurance, if availa6le, for the full unpaid principal balance of the loan and any prior liens
<br />on the prnperty securing the loan, up to the maximum policy limits set under the National Fload Insurance Program, or as otherwise
<br />required by Lender, and to maintain such insurance for the term of the laan.
<br />Application of Prqceads. Trustor shall promptly notify Lender of any loss or damage ta the Property. l.ender may make proof of loss
<br />if Trustor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lander may, at Lender's
<br />election, receive and retain the proceeds nf any insurance and apply the proceeds to [he reduccion of the Indebtedness, payment of
<br />any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and
<br />repeir, Trustor shall repair or replace the damaged or destrnyed Improvements in a manner satisfactory to Lender. Lender shall, upon
<br />satisfactory proof of such expenditure, pay or reimburse Trustor from the proceeds for the reasonable cost of repair or restoratinn if
<br />Trustor is not in default under this Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt
<br />and which Lender has not committed to the repair or restoratian of the Property shall be used first to pay any amount owing to Lender
<br />under this Deed of Trust, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the
<br />Indebtedness. If Lender holds any proceeds after peyment in full of the Indehtadnass, such proceeds shall be paid to Trustor as
<br />Trustor's in[erests may appear.
<br />Trus#or's Raport on Insurance. Upon request of Lender, however not more than once a year, Trusior shall furnish to Lender a report
<br />on each existing policy of insurance showing: (1) the name of the insurer; (2) the risks insured; (3) the amount of the policy; (4)
<br />the property insured, the then current replacement value of such property, and [he manner af determining that vatue; and (5) the
<br />expiration date of the policy. Trustor shall, upon request of Lender, have an independent appraiser satisfactory to Lender determine
<br />the cash value replacement cnst of the Property. '
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