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DEED OF TRUST `� () �� 0 5 4��
<br />Loan No: 101243446 (Continued) Page 2
<br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at
<br />Borrower's request and not at the request of Lender; (b) Trustor has the full power, right, and authority to enter into
<br />this Deed of Trust and to hypothecate the Property; (c) the pravisions of this Deed ot Trust do not confliot with, or
<br />result in e default under any egreement or other instrument binding upon Trustor and do not result in a violation of any
<br />law, regulation, court decree or order applicable to Trustor; (d) Trustor has established adequate means of obtaining
<br />from Borrower on a continuing basis information about Borrower's financial condition; and (e? Lender has made no
<br />representation to Trustor ebout Borrower (including without limitation the creditworthiness of Barrower).
<br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses erising by reason of any "one action" or "anti-deficiency"
<br />law, or any other law which may prevent Lender f�om bringing any action against Trustor, including a cleim for
<br />deficiency to the extant Lender is otherwisa entitled to a claim for deficiency, before or after Lender's commencement
<br />or completion of any foreclosure ection, either judicially or by exercise of e power of sale.
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, 6orrower shall pay to Lender all
<br />Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall perform all their
<br />respective obllgetions under the Note, this Deed of Trust, and the Retated Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's end Trustor's
<br />possession and use of the Property shall be governed by the following provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1i remain in possession and
<br />controi of the Property; (2) use, operate or manage the Properly; and (3) collect the Rents from the Property.
<br />Duty to Maintain. Trustor shall maintatn the Property in tenantable condition and promptly perform all repairs,
<br />replacements, and maintenance necessary to preserve its value.
<br />Compliance With Environmental Laws. Trustor represents and warrents to Lender that: (1) During the period of
<br />Trustor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal,
<br />release or threatened release of any Hazerdous Substence by eny person on, under, about or from the Property;
<br />(2) Trustor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and
<br />acknowfedged by Lender in writing, (a) any breach or violation ot any Environmental Laws, (b) any use,
<br />generetion, manufacture, storege, treatment, disposal, release or threatened release of any Hazardous Substance
<br />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 es previously
<br />disclosed to and acknowiedged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other
<br />authorized user of the Proparty shall use, generate, manufacture, store, treat, dispose af or release any Hazardous
<br />Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with
<br />all applicable federal, state, and local laws, regulations and ordinances, including without limitation all
<br />Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to mske such
<br />inspections and tests, at Trustor's expense, as Lender mey deem eppropriate to determine complience of the
<br />Property with this section of the Dead of Trust. Any inspections or tests made by Lender shall be for Lender's
<br />purposes only and shalf not be construed to creete any responsibility or liability on the part ot Lender to Trustor or
<br />to any other person. The representations and warranties contained herein are besed on Trustor's due diligence in
<br />investigating 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 costs under
<br />any such laws; and (2) agrees to indemnify, defend, and hold hermless Lender ageinst any and all claims, losses,
<br />liabilities, damages, penalties, and expenses which Lender may directly or indirect(y sustain or suffer resuiting from
<br />a breach of this section of the Deed of Trust or as a consequence of eny use, generation, menufacture, storage,
<br />disposal, release or threatened release occurring prior to Trustor's ownership or interest in the Property, whether or
<br />not the same was or should have been known to Trustor. The provisions of this section of the Deed of 7rust,
<br />including the obligation to Indemnify and defend, shall survive the payment of the Indebtedness and the setisfaction
<br />end reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's ecquisition of any interest
<br />in the Property, whether by foreclosure or othen�vise.
<br />IYuisance, Waste. Trustor shatl not cause, conduct or permit any nuisance nor commit, permit, or suffer any
<br />stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the
<br />foregoing, Trustor will not remove, or grant to any other party the right to remove, any timber, minerals (including
<br />oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent.
<br />Removal of Improvements. 7rusYor shall not demolish or remove any Improvements from the Real Property without
<br />Lendar's prior written consent. As a condition to the removai of any Improvements, Lender may require Trustor to
<br />make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal
<br />value.
<br />Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all
<br />reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of 7rustor's
<br />compliance with the terms and conditions of this Deed of Trust.
<br />Compliance with Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, and
<br />regulations, now or hereafter in effect, of ell governmental authorities applicable to the use or occupancy of the
<br />Property, including without limitation, the Americans With Disabilities Act. Trustor may contest in good faith any
<br />such lew, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals,
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