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oo OF TRUST
<br />(Continued)
<br />IiQf[QKi[E
<br />Page 2
<br />Duty to Maintain.- Trustor shall maintain the Property in good ' condition and promptly perform all repairs, replace m- ent:§,, and
<br />maintenance necessary to preserve its value.
<br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that; (1) During the period of Trustor's ownership
<br />of the Property, there has been no use, generation, manufacture, storage{ treatment, disposal,, release or threatened release of any
<br />Hazardous Substance by any person on, under, about or from the Property., () Trustor has no knowledge of,, or reason to believe
<br />that there has beer, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any
<br />Environmental Laws, (b) any user generation, ,manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, of (c) any actual or
<br />threatened litigation or claims of any kind by any person relating to such matters- and () Except as previously 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 Property{
<br />and N any such activity shall be conducted in compliance with all applicable federal, state{ and local laws, regulations and
<br />ordinances, including without limitation all Environmental Lags. Trustor authorizes Lender and its agents to enter upon the Property
<br />to make suoh inspections and tests, 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 />construed to create any responsibility or liability on the part of Leader to Trustor -or to 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 future claims against Lender for indemnity or contribution in the event Trustor becomes ruble for
<br />cleanup or other costs under any suoh laws; and (2) agrees to indemnify, defend, and held harmless Lender against any and all
<br />claims, lasses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a
<br />breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacturer storage, disposal, release or
<br />threatened release occurring prior to Trustor's ownership or interest in the Property, whether or not the sage was or should have
<br />been known to Trustor. The provisions of this section of the Geed of Trust, including the obligation 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 />affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, 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 the foregoing, Trustor will not rernove, or grant to
<br />any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, sooria, soil, gravel or rook products
<br />without Lender's prior written consent.
<br />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Deal Property without Leader's prior
<br />written consent. As a condition to the removal of any Improvements, Leader may require Trustor to mare arrangements satisfactory
<br />to Lender to replace such Improvements with Improvements of at least equal value.
<br />Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Peal Property at all reasonable 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 Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, and regulations, now or
<br />hereafter in effect, of all governmental authorities a pplioa ble to the use or occupancy of the property. Trustor may contest in good
<br />falth 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 and so long as, in Lender's sole opinion, Lender's interests in the Property are
<br />not jeopardized. Lender may require Trustor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect
<br />Lender's interest.
<br />Duty to Protect. Trustor agrees neither to abandon or leave unattended the Property. Trustor shall do 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 />TAXES AND LIENS. The following provisions relating to the takes and liens on the Property are part of this Deed of Trust*
<br />Payment. Trustor shall pay when due land in all events prior to delinquency) all taxes, special taxes, assessments, charges {including
<br />water and sewer), fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done
<br />on or for services rendered or material furnished to the Property. Trustor shall 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 not due and except as
<br />otherwise provided in this Deed of Trust.
<br />Right to Contest. Trustor may wrwr ith hoid payment of any tax, assessment, or claim in conneotion with a good faith dispute over the
<br />obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien a rises or is filed as a result of nonpayment,
<br />Trustor shall within fifteen (1 b) days after the lien arises or, if a lien is filed, within fifteen (1 5) days after Trustor has notice of the
<br />filing, secure the discharge of the 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
<br />that could accrue as a result of a foreclosure or sale under the lien. In any contest, Trustor shall defend itself and Lender and shall
<br />satisfy any adverse judgment before enforcement against the Property. Trustor shall name Lender as an additional obligee under any
<br />surety bond furnished in the contest proceedings.
<br />Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and
<br />shall authorize the appropriate governmental 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 (1 b) days before any work is commenced, any services are
<br />furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien Gould be asserted on
<br />account of the work, services, or materials. Trustor will upon request of Leader furnish to Lender advance assurances satisfactory to
<br />Lender that Trustor can and will pay the cost of such improvements.
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