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Loan No: 9 Q 12371 Q 1
<br />DEED OF TRUST
<br />(Corttinued) 2 O 110 0 0 5� Page 2
<br />threatened litigation or claims af �ny kind by any person relating to such matters; and (3) �xcept ss previnusly disclosed to and
<br />acknowledged by Lender in writing, (a) neither Trustor nor any tenant, cantractor, agent or other suthorized user of the Property
<br />shall use, generate, manufacture, store, treat, dispose af nr release any Hazardous Substance on, under, about or from the Property;
<br />end (b) any such activity shall be conducted in complience with all applicable federal, state, and local laws, regulations and
<br />ordinances, including wi#hout limitation all Environmental Laws. Trustor authorizes Lender and its agents tn enter upon the Property
<br />to make such inspections and tests, at Trustor's expense, as Lender may d�em appropriate to determine compliance of the I'roperty
<br />with this section nf the Deed of Trust. Any inspections or tests made by Lender shall be for l.ender's purposes only and shall not be
<br />construed to create any responsibility nr liability on the part of Lender to Trustor or to any other person. The representations and
<br />warranties contained herein are based nn Trustor's due diligence in investigating the Property for Hezardous Substances. Trustor
<br />hereby (1) releases and waives any future claims against Lender fnr indemnity or contribution in the event Trustor becnmes liable for
<br />cleanup or other costs under any suah laws; and (2) egrees to indemnify, defend, and hold harmless Lender against any and all
<br />claims, Iosses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a
<br />6reach of this section nf the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposel, release or
<br />threatened release occurring priar to Trustor's awnership or interest in the Property, whe#her or not the same was or should have
<br />been known to Trustor. The provisions of this section of #he Deed nf Trust, including the obligation to indemnify and defend, shall
<br />surviva the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of 7rust and shall not be
<br />affected by Lender's acquisition of any intarest in the Property, whether by foreclosure or otherwise.
<br />Nuisanca, Waste. Trustor shall not cause, conduct ar permit any nuisance nor commit, permit, or suffer any stripping of or weste on
<br />or to the Praperty or eny portion of the Property. Withaut limiting the generality of the foregoing, Trustor will not remove, or grant to
<br />any nther party the right to remove, any timber, minerals (including oil and gas►, coal, clay, saorie, soil, gravel or rock products
<br />without Lender's prior written consent.
<br />Removal of Improvements. Trustor shall not demnlish or remove any Improvemants from the Real Property without Lender's prior
<br />written consent. As a conditipn to the removal of any Improvements, Lender may require Trustor to make arrangements sa#isfactory
<br />to Lender to replace such Imprnvements with Improvements of at least equal value.
<br />Lender's Right to �nter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasnnable times to
<br />attend to Lend�r'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 />Cnmpliance with Governmental Ftequirements. Trustor shall promptly comply with sll laws, ordinances, and regulations, now or
<br />hereafter in effect, of all gnvsrnmental authorities applicable to the use or occupancy of the Property. 7rustor may contest in good
<br />faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as
<br />Trustor has notified Lender in writing prior to doing so end so long as, in Lender's sole opinian, Lender's interests in the Property are
<br />nnt jeopardized. Lender may require Trustor to post adequate security or a surety bond, raesnnably satisfactory to Lender, to protect
<br />Lender's interest.
<br />buty to Pretect. Trustnr agrees neither to abandan or leave unattended the Property. 7rustor shall do all other acts, in addition to
<br />those acts set forth a6ove 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 provisians releting to the taxes and liens on the Property are part of this Oeed of 7rust:
<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 impositinns levied against or on account nf #he Property, and shall pay when due all claims far wnrk done
<br />on or for services rendered or material furnished to the F'roperty. Trustor shall maintain the Property free af all liens having priority
<br />over or equal to the interest of Lander under this Deed of Trust, except for the lian of taxes and assessments not due and except as
<br />otherwise provided in this f]eed of Trust.
<br />Right to Contest. Trustar mey withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the
<br />obligation to pay, so long as Lender's interest in the Property is nnt jeopardized, If a lien arises or is filed ss a result of nonpayment,
<br />Trustor shall within fifteen (15) days after the lien arises or, if a lien is filad, within fifteen (15) deys after Trustor has notice of the
<br />filing, secure the discharge af the lien, or if requested by Lender, depasit wi#h 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 attomeys' fees, or other charges
<br />that could accrue as a result of a foreclosure or sale under the lien. In any contest, Trustnr shall defend itself and Lender and shall
<br />satisfy any adverse judgment before enforcement against the Property. Trus#or shall name Lender as an additional obligee under any
<br />surety bond furnished in the contest proceedings.
<br />Evidence vf Payment. Trustor shall upon demand furnish #a Lender satisfactory evidence nf payment of the taxes ar assessments and
<br />shell au#horize the appropriate governmental official to deliver to Lender at any time a written statement af the taxes and assessments
<br />ageinst the Property.
<br />Notice of Construction. 7rustar shall notify Lender at least fifteen (15) days 6efore any work is commenced, any services are
<br />furnished, or any materials are supplied to the Property, if any mechanic's lien, materielmen's lien, or other lien cauld be asserted on
<br />account of the work, services, or materials. Trustor will upon request of Lender furnish to Lender advance assurances satisfactory to
<br />Lender that Trustor can and will pay the cost of such improvements.
<br />PROPERTY DAMAG� INSURANCE. The fallnwing provisions relating to insuring the F'roper#y are a part of this Deed of Trust.
<br />Maintenance of Insuranca. 7rustor shall procure and maintain policies ot fire insurance with standard extended coversge
<br />endorsements on a fair velue basis for the full insurable value covering ell Improvements on the Real Property in an amnunt sufficient
<br />to avaid application af any coinsurance clause, and wi#h a stenderd mnrtgagee clause in favor of Lender, together with such other
<br />hazard and liability insurance as Lender mey reasonably require. Policies shall be writtan in form, emounts, coverages and basis
<br />reasonably acceptable to Lender and issued by a company or companias reasona6ly acceptable to Lender. Trustor, upon request of
<br />Lender, will deliver tn Lender from time ta time the policies or certificates of insurance in form satisfactnry to Lender, including
<br />stipuletions that coverages will no# be cancelled or diminished without at least ten �10) days prinr written notice to Lender. Each
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