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DEED O�' TRUST �, Q �� p 4 3 � 1 Page 2
<br />Loan No: 101242090 (Continued) �
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and interest in and to all
<br />present and future leases of the Property and all Rents from the Property. In eddition, Trustor grants to Lender a Uniform Commercial
<br />Code security interest in the Personal Property and Rents.
<br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
<br />PROPERTY, IS GIV�N TO SECURE 1A) PAYMENT OF THE IWDEBTEI�NESS AIVD i6) PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UNDER THE NOTE, THE RELATED DOCUMEIVTS, AND THIS DEED OF TRUST. TWIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE
<br />FOLLOWING TERMS:
<br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and
<br />not at the request of Lender; (b) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the
<br />Property; (c) the provisions of this Deed of Trust do not conflict with, or result in a defauit under any agreement or other instrument
<br />binding upon Trustor and do not result in a vio�ation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has
<br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e)
<br />Lender has made no representation to Trustor about Borrower (including without Iimitation the creditworthiness of Borrower).
<br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one ection" or "anti-deficiency" law, ar any other
<br />law which may prevent Lender from bringing any action against Trustor, including a claim for deficiency ta the extent Lender is otherwise
<br />entitled to a claim for deficiency, before or after Lender's commencement ar completion of any foreclosure ection, either judicially or by
<br />exercise of a power of sale.
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this beed of Trust, Borrower and TrUstor shell pay to Lender all
<br />Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly perForm all their respective
<br />obligations under the Note, this Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession and use of
<br />the Property shall be governed by the following provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remein in possession and control of the Property;
<br />(2) use, operate or manage the Property; and (3) collect the Rents from the Property.
<br />Duty to Maintain. Trustor shall maintein the Property in tenantable condition and promptly perform all repeirs, replacements, 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 tNe Property; (2) Trustor has no knowledge of, or reason to believe
<br />that there has been, except as previously disclosed to and acknowledged by Lende� in writing, (a) any breach or violation of any
<br />Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, releese or threatened release of eny
<br />Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or
<br />threatened litigation or claims of any kind by any person relating to such matters; and (3) 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 Wazardous Substance on, under, about or from the Property;
<br />and (b) any such activity shell be conducted in compliance with ell applicable federal, state, and local lews, regulations and
<br />ordinances, including without limitetion all Environmental Laws. Trustor authorizes Lender end its agents to enter upon the Property
<br />to make such 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 inspectians or tests made by Lender shell be for Lender's purposes only and shall not be
<br />construed to create eny responsibility or liability on the part of Lender to Trustor or to eny other person. The representetions 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 i�t the event Trusto� 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, liabilities, damages, penalties, and expehses which Lender tnay directly or indirectly sustein or suffer resulting from a
<br />breach of this section of the Deed of Trust or es a corlsequence of any use, generation, manufacture, stocage, disposel, release or
<br />threatened release occurring prior to Trustor's ownership or interest in the Property, whether or not the satne was or should have
<br />been known to Trustor. The provisions of this section of the Deed of Trust, including the obligation to indemnify and defend, shall
<br />survive the payment of the Indebtedness and the satisfaction end reconveyance of the lien of this Deed of Trust end shell not be
<br />affected by Lender's acquisition of any iY�terest in the Property, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance rlor 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 foregoit�g, Trustor will not remove, or grant to
<br />any other party the right to remove, any timber, minerals (including oil and gas), coal, cley, scorie, 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 Property withaut Lender's prior
<br />written consent. As a condition to the removal of any Improvements, Lender may require Trustor to make errangements satisfectory
<br />to Lender ta 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 Real 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 end conditiorts of
<br />this Deed of Trust.
<br />Compliance with Goverrlmental Requirements. Trustor shall promptly comply with all laws, ordinances, and reguletions, now or
<br />hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, inciuding without limitation, the
<br />Americans With Disabilities Act. Trustor may Contest in good faith any such Iaw, ordinance, or regulation and withhold complience
<br />during any proceeding, including eppropriate appeals, so long as Trustor has notified Lender in writing prior to doing so end so long as,
<br />in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Trustor to post edequate security
<br />or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest.
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