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201104152
<br />Property. In addition, Trustor grants to Lender a Uniform Commercial Code security interest in the
<br />Personal Property and Rents.
<br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND T'HE SECURITY
<br />INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GNEN TO SECURE (A) PAYMENT
<br />OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER
<br />THE NOTES, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF
<br />TRUST IS GNEN AND ACCEPTED ON THE FOLLOWING TERMS:
<br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that (a) this Deed of
<br />Trust is executed at Trustor's request and not at the request of Lender; (b) Trustor has the full power,
<br />right, and authority to enter into this Deed of Trust and to hypothecate the Property; (c) the provisions of
<br />this Deed of Trust do not conflict with, or result in a default under any ageement or other instrument
<br />binding upon Trustor and do not result in a violation of any law, regulation, court decree or order
<br />applicable to Trustor; (d) Trustor has established adequate means of obtaining from Trustor on a
<br />continuing basis information about Trustor's financial condition; and (e) Lender has made no
<br />representation to Trustor about Trustor (including without limitation the creditworthiness of Trustor).
<br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or
<br />"anti-deficiency" law, or any other law that may prevent Lender from bringing any action against Trustor,
<br />including a claim for deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before
<br />or after Lender's commencement or completion of any foreclosure action, either Judicially or by exercise
<br />of a power of sale.
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall
<br />pay to Lender all Indebtedness secured by this Deed of Trust as it becomes due, and Trustor shall strictly
<br />perform all Trustor's obligations under this Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agree that Trustor's possession
<br />and use of the Properly shall be governed by the following provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in
<br />possession and control of the Property, (2) use, operate or manage the Property; and (3) collect the
<br />Rents from the Property.
<br />Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform
<br />all repairs, replacements. and maintenance necessary to preserve its value.
<br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) during
<br />the period of Trustor's ovmership of the Property, there has been no use, generation, manufacture,
<br />storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person
<br />on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe that there
<br />has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or
<br />violation of any Environniental Laws, (b) any use, generation, manufacture, storage, treatment,
<br />disposal, release or threatened release of any Hazardous Substance on, under, about or from the
<br />Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or
<br />claims of any kind by any person relating to such matters; and (3) except as previously disclosed to
<br />and acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other
<br />authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any
<br />Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be
<br />conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances,
<br />JLR/394902.5
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