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DEED OF TRUST � Q�,1 Q 5���-
<br />(Continued) P 2
<br />Hazardous Substance by any person on, under, about or from the Property; (Z) Trustor has no knowledge of, or reason to believe
<br />that there has been, except as prevfously disclosad to and acknowledged by Lender in writing, (a) any breach or violation of any
<br />Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazerdous Substance on, under, about or from the Property by any prlor 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, contraotor, agent or other authorized user of the Property
<br />shall use, generate, manufacture, store, treat, dispose of ar release any F{azardous Substance on, under, about or from the Property;
<br />and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and
<br />ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and its agents to errter upon the Property
<br />to make such inspectfons and tests, at Trustors expense, as Lender may deem approp�[ate 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 Iiability on the part of Lender to 'frustor or to any other person. The representations 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 indemniry or contribution in the event Trustor becomes liable for
<br />cleanup or other costs under any such laws; and (2) agrees to indemnify, defend, a�d hold harmless Lender against any and all
<br />clalms, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a
<br />breach of thfs section of the Deed of Trust or as a consequence of any use, generatfon, manufacture, storage, dlsposal, release or
<br />threatened release occurring prfor to Trustor's ownership or interest in the Property, whether or not the same was or should have
<br />been known to Trustor. The provisions of this section of the Deed of Trust, including the obligation to indemniy and defend, shall
<br />survive the payment of the Indebtedness and the sat(sfaction and reconveyance of the Ilen of this Dead of Trust and shall not be
<br />affected by Lender's acquisition of 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 suffer any stripping of or waste on
<br />or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant to
<br />any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock producCs
<br />without Lender's prior written consent.
<br />Removal of Improvements. Trustor sha11 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 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 P�operty for purposes of Trustor's compliance with the terms and conditions of
<br />this Deed of Trust.
<br />Compliance with Governmentat Requirements. Trustor shall promptly comply with all laws, ordinances, and regulations, now or
<br />hereafter in effect, of all gavemmental authortties applicable to tfie use or occupancy of the Property, including without Iimitatfon, the
<br />Americans With Disabilities Act. Trustor may contest fn good faith any such law, ordinance, or regulation and withhold compliance
<br />during any proceeding, including appropriate appeals, so long as Trustor has notifled Lender in writing prior to doing so and so long as,
<br />in Lender's sole opinion, Lender's interests in the Property are not Jeopardized. Lender may require Trustor to post adequate security
<br />or a surety bond, reasonably satisfactory to Lender, to protect Lenders interest.
<br />Duty to Protect. Trustor agrees neither to abandon or leave unattended the Property. Trustor shall do all other acts, in additfon to
<br />those acts set forth above in this sectfon, whtch from the character and use of the Propsrty are reasonably necessary to protect and
<br />preserve the Praperty.
<br />TAXES AND LIENS. The following provisfons relating to the taxes and liens on the Property are part of this Deed of Tnrst:
<br />Payment. Trustor shall pay when due (and in all events prfor to delinquency) aIl taxes, special taxes, assessments, charges (including
<br />water and sewer), flnes and imposit(ons levied agafnst or on account of the Property, and shall pay when due all claims for work done
<br />on or for services rendered or material furnished to the Property. Trustor shall maintain the Property free of all liens having priority
<br />over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due, except for the
<br />Existing Indebtedness referred to below, and except as othervvise provided in this Deed of Trust.
<br />Right to Contest. Trustor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the
<br />obligation to pay, so long as Lender's interest in the Property is not Jeopardized. If a lien arises or is filed as a result of nonpayment,
<br />Trustor shall within fifteen (15) days after the lien a�ises or, if a lian is flled, within fifteen (15) deys after Trustor has notice of the
<br />flling, secure the discharge of the Ilen, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or
<br />other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attomeys' fees, or other charges
<br />that could accrue as a result of a foreclosure or sale under the lien. In any contest, Trustor shall defend itself and Lender and shall
<br />satisfy any adverse judgment before enforcement against the Property. Trustor shall name Lender as an additional obl(gee under any
<br />surety bond fumished in the contest proceedings.
<br />Evidence of Payment. Trustor shall upon demand fumish to Lender satisfactory evidence of payment of tha taxes or essessments and
<br />shall authorize the appropriate governmental officlal to deliver to Lender at any time a written statement of the taxes and assessments
<br />against the Property.
<br />Notice of Constructlon. Trustor shall notify Lendar at least fifteen (15) days before any work is commenced, any services are
<br />fumished, or any materials are supplied to the Property, if any mechanic's I(en, materialmen's Ifen, or other lien could be asserted on
<br />aocount of the work, services, or materials. Trustor will upon request of Lender fumish to Lender advance assurances satisfactory to
<br />Lender that Trustor can and will pay the cost of such improvements.
<br />PROPERTY DAMAGE INSURANCE. The following provisfons relating to fnsuring the Property are a part of this Deed of Trust.
<br />Mafntenance of Insurance. Trustor shall procure and maintain policies of flre insurance with standard extended coverage
<br />endorsements on a fair value basis for the full insurable value covenng all Improvements on the Real Property in an amount sufficient
<br />to avoid application of any coinsurance clause, and with a standard mortgagee clause (n favor of Lender. Trustor shall also procure
<br />and maintain comprehensive general Ilabiiity insurance in such coverage amounts as Lender may request with Trustee and Lender
<br />being named as additional insureds in such liability insurance policies. Additionally, Trustor shall maintain such other insurance,
<br />including but not Iimited to hazard, business interruption, and boiler insurance, as Lender may reasonably require. Policies shall be
<br />written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies reasonably
<br />acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender from time to time tha policies or certifiaates of insurance
<br />in form satisfactory to Lender, including stipulations that coverages wfll not be cancelled or diminished without at least ten (10) days
<br />prior wr(ttsn notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will
<br />not be impafred in any way by any act, omission or default of Trustor or any other person. Should the Real Property be located in an
<br />area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Trustor agrees to
<br />obtain and maintain Federal Flood Insurance, if available, for the full unpaid principal balance of the loan and any prior Iiens on the
<br />property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as othervvise required
<br />by Lender, and to maintein such insuranca for the term of the loan.
<br />Application of Proceeds. Tntstor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss
<br />ff Trustor fails to do so withfn fifteen (15) days of the casualry. Whether or not Lender's security is impa(red, Lender may, at Lender's
<br />election, recelve and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of
<br />any Ilen affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and
<br />repair, Trustor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon
<br />satisfactory proof of such expenditure, pay or reimburse Trustor from the proceeds for the reasonable cost of repair or restoration if
<br />Trustor is not in default under this Deed of Trust. Any proceeds which have not been disbursed with(n 180 deys after their receipt
<br />and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender
<br />under this Deed of Trust, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the
<br />Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Trustor as
<br />Tn.istor's interests may appear.
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