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<br />including without limitation all Environmental Laws. Trustor authorizes Lender and its agents to
<br />enter upon the Property to make such inspections and tests, at Trustor's expense, as Lender may deem
<br />appropriate to determine compliance of the Property with this section) of the Deed of Trust. Any
<br />inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to
<br />create any responsibility or liability on the part of Lender to Trustor or to any other person. The
<br />representations and wananties contained herein are based on Trustor's due diligence in investigating
<br />the Property for Hazardous Substances. Trustor hereby (1) releases and waives any future claims
<br />against Lender for indemnity or contribution in the event Trustor becomes liable for cleanup or other
<br />costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any
<br />and ail claims, losses, liabilities, damages, penalties, and expenses that Lender may directly or
<br />indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust or as a
<br />consequence of any use, generation, manufacture, storage, disposal, release or threatened release
<br />occurring prior to Trustor's ownership or interest in the Properly, whether or not the same was or
<br />should have been known to Trustor. The provisions of this section of the Deed of Trust, including the
<br />obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction
<br />and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of
<br />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
<br />suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting
<br />the generality of the foregoing, Trustor will not remove, or grant to any other parly the right to
<br />remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products
<br />without Lender's prior written consent.
<br />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real
<br />Property without Lender's prior written consent. As a condition to the removal of any Improvements,
<br />Lender may reyuire Trustor to make arrangements satisfactory to Lender to replace such
<br />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 Real
<br />Property at all reasonable limes to attend to Lender's interests and to inspect the Real Property for
<br />purposes of Trustor's compliance with the terms and conditions of this Deed of Trust.
<br />Compliance with Governmental Requirements. Trustor shall promptly comply with all laws,
<br />ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to
<br />the use or occupancy of the Property, including without limitation, the Americans With Disabilities
<br />Act. Trustor may contest in good faith any such law, ordinance, or regulation and withhold
<br />compliance during any proceeding, including appropriate appeals, so long as Trustor has notified
<br />Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the
<br />Property are not jeopardized. Lender may require Trustor to post adequate security or a surety bond,
<br />reasonably satisfactory to Lender, to protect Lender's interest.
<br />Duty to Protect. Trustor agrees neither to abandon or leave unattended the Property. Trustor shall do
<br />all other acts, in addition to those acts set forth above in this section, which from the character and use
<br />of the Property are reasonably necessary to protect and preserve the Property.
<br />DUE ON SALE - CON5ENT BY LENDER. Lender may, at Lender's option, declare immediately due
<br />and payable all sums secured by this Deed of Trust upon the sale or transfer, without Lender's prior
<br />written consent, of all or any part of the Real Properiy, or any interest in the Real Property. A"sale or
<br />transfer" means the conveyance of Real Property or any right, title or interest in the Real Property;
<br />whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed,
<br />JLR/394902.5
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