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DEED OF TRUST 2 Q�, � Q 4 f S�
<br />Loan No: 101242087 (Continued) Page 2
<br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AMD THE SECURITY INTEREST IN THE RENTS AND PERSONAL
<br />PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (8) PERFORMANCE OF ANY AIYD QLL OBLIGATIONS
<br />UNDER 7HE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEEb OF TRUST IS G1VEN AND ACCEPTED ON TWE
<br />FOLLOWING TERMS:
<br />TRUSTOR'S REPRESENTQTIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed et 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 end to hypotheaate the
<br />Property; (c) the provisions of this Deed of Trust do not conflict with, or resulY in a defeult under any agreement or other instrument
<br />binding upon Trustor and do not result in a violation of eny law, reguletion, court decree or order appliceble to Trustor; (d) Trustor has
<br />established adequate means of obtaining from Borrower on a continuing basis informetion a6out Borrower's financiai condition; and (e)
<br />Lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrowerl.
<br />TRUSTOR`S WAIVERS. Trustor waives all rights or detenses arising by reason of any "one action" or "anti-deficiency" law, or any other
<br />law which may prevent Lender from bringing any action against Trustar, including a claim for deficiency to the extent Lender is otherwise
<br />entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by
<br />exercise of a power of sale.
<br />PQYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of 7rust, Borrower and Trustor shall pay to Lender all
<br />Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly perform aff their respective
<br />obligations under the Note, this Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower end Trustor agree that Borrower's and Trustor's possession end 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) remain in possession and control of the Property;
<br />l2) use, operate or manage the Property; and (3) collect the Rents from tHe Property.
<br />Duty to Maintein. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve its value.
<br />Compliance With Environmental Laws. Trustor represerlts and warrants to Lender tHat: (1) During the period of Trustor's ownership
<br />of the Property, there has been no use, generetion, manufacture, storage, treatment, disposal, release or threatened release of eny
<br />Hazardous Substance by eny person on, under, about or from the Property; (21 Trustor has no knowledge ot, or reason To believe
<br />that there has been, except as praviously disclosed to and acknowledged by Lender in writing, (a) eny breach or violation of any
<br />Environmental Laws, (b) eny use, generatian, 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 occupartts ot the Propeny, or ic) any ectual 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, contrector, 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 (b) any such activity shall be conducted in compliance with all applicable federal, state, end local laws, regulations and
<br />ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and its egents 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 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 Lender to Trustor or to any other person. The representations end
<br />warranties contained herein are based on Trustor's due diligence in investigating the Property for Hazardous Substances. Trustor
<br />hereby (1? releases and weives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for
<br />cleanup or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender egainst any and all
<br />claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustein or suffer resulting from a
<br />breach of this section of the Deed of Trust or as a consequence of any use, generation, menufacture, storage, disposal, release or
<br />threatened release occurring prior to Trustor's ownership or interest in the Property, whether or nat the same was or should have
<br />been known to Trustor. The provisions ot 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 and reconveyance of the lien of this Deed of Trust and shall not be
<br />affected by Lender's ecquisition of any interest in the Property, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nar commit, permit, or suffer any stripping of or waste on
<br />or to the Prapeny or arty portion of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant to
<br />any other party the right ta remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravei 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 without Lender's prior
<br />written consent. As a condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory
<br />to Lender to replace such Improvements with Improvements of at least equaf vafue.
<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 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 applicable to the use or occupancy of the Property, including without limitetion, the
<br />Americans With Disabilities Act. Trustor may contest in good faith any such law, ordinence, or regulation and withhold compliance
<br />during any proceeding, including appropriate appeals, so long as Trustor has notified Lender in writing prior to doing so and so long es,
<br />in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may requira Trustor to post adequate security
<br />or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest.
<br />Duty to Protect. Trustor agrees �either to ebandon 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 reasonabty necessary to protect and
<br />preserve the Property.
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