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DEED OF TRUST � v��� s O��
<br />Loan No: 128494 (Continued) Page 2
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's
<br />possession and use of the Property shall be governed by the following provisions:
<br />Possession and Use. Until the occurrenca of an Event of Default, Trustor may (1) remain in possession end
<br />control of the Property; (2) use, operate or manege the Property; and (3) collect the Rents from the Property.
<br />Duty to Maintain. Trustor shall meintain the Property in tenantable condition and promptiy perform all repairs,
<br />replacements, and maintenance necessary to preserve its value.
<br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of
<br />Trustor's ownership of tha Property, there has been no use, generation, manufacture, storage, treatment, disposal,
<br />release or threatened release of any Hazardous Substance by any person on, under, about or from the Property;
<br />(2) Trustor has no knowledge of, or reason to balieve that there has been, except as previously disclosed to and
<br />acknowledged by Lender in writing,' (a) any breach ar violation of any Environmental Laws, (b1 any use,
<br />generation, manufacture, storage, treatment, disposal, release or threatened ralease of any Hazardous Substance
<br />on, under, about or from the Property by any prior owners or occupants of the Property, or (c) eny actual or
<br />threatened litigation or claims of any kind by any person relating to such matters; end (3) Except as previously
<br />disclosed to end acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other
<br />authorized user of the Property shall use, generate, manufacture, store, treat, dispose of 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 make such
<br />inspections and tests, at Trustor's expense, es Lender may deem appropriate to determine compliance of the
<br />Property with this section of the Deed of Trust. Any inspections or tests made by Lender shell be for Lender's
<br />purposas only and shall not be canstrued to create any responsibility or liebility on the part of Lender to Trustor or
<br />to any other person. The representations and warranties contained herein ere based 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 tha event Trustor becomes liable for cleanup or other costs under
<br />any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and ell claims, losses,
<br />liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from
<br />a breach of this section of the Deed of Trust or as a consequence of any use, generetion, manufacture, 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 saction of the Deed of Trust,
<br />including the obligation to indemnify and defend, shall survive the peyment 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 any interest
<br />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 eny
<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 gasl, coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent.
<br />Removal of Improvements. Trustor shall not demolish or ramove any Improvements from tha Real Property without
<br />Lender's prior written consent. As a condition to the removal 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 ell
<br />reasonable times to attend to Lender's interests and to inspect the Real Proparty for purposes of Trustor's
<br />compliance with the terms and conditions of this Deed of Trust.
<br />Compliance with Governmental Requirements. Trustor shali promptly comply with all laws, ordinances, end
<br />ragulations, now or hereafter in effect, of all govarnmental authorities appiicable 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 law, ordinance, or regulation and withhold compliance during any proceeding, including eppropriate appeals,
<br />so long as Trustor has notified Lender in writing prior to doing so end so long as, in Lender's sole opinion, Lender's
<br />interests in the Property are not jeopardized. Lender may require Trustor to post adequete security or a surety
<br />bond, reasonably satisfactory to Lender, to protect Lander's interest.
<br />Duty to Protect. Trustor agrees neither to abandon or leave unattended the Property. Trustor shall do all other
<br />acts, in addition to those acts set forth ebove in this section, which from the character and use of the Property are
<br />reasonebly necessary to protect and preserve the Property.
<br />TAXES AND LIENS. The following provisions ralating to the taxes end liens on the Property ere part of this Deed of
<br />Trust:
<br />Payment. Trustor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments,
<br />charges fincluding water and sewerl, fines and impositions lavied against or on account of the Property, and shall
<br />pay when due all claims for work done on or for services rendered or material furnished to the Proparty. Trustor
<br />shall maintain the Property free of all liens having priority over or equal to the interest of Lender under this Deed of
<br />Trust, except for the lien of taxes and assessments not due, except for the Existing Indabtedness referred to
<br />below, and except as otherwise provided in this Dead of Trust.
<br />Right to Contest. Trustor may withhold payment of any tex, assessment, or claim in connection with a good faith
<br />dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or
<br />is filed as a result of nonpayment, Trustor shall within fifteen (15) deys after the lien erises or, if e lien is filed,
<br />within fifteen (15) days after Trustor has notice of tha filing, secure the discharge of the lien, or if requested by
<br />Lender d�posit with Lender cash vr°a sufficient corporete surety bond or ather security satisfactory to Lender in an
<br />amount sufficient to discharge the lien plus any costs and permissible fees, or other charges that could accrue as a
<br />result of a foreclosure or sale under the lien. In any contest, Trustor shall defend itself and Lender and shall satisfy
<br />any adverse judgment before enforcement against the Property. Trustor shall name Lender es an additionel obligee
<br />under any surety bond furnished in the contast procaedings.
<br />Evidence of Payment. Trustor shall upon demend furnish to Lender satisfactory evidence of payment of tha taxes
<br />or essessments and shall authorize the appropriate governmental official to deliver to Lender et any time a written
<br />statement of the texes and assessments against the Proparty.
<br />Notice of Construction. Trustor shall notify Lender at least fifteen (15) deys before any work is commenced, any
<br />services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or
<br />other lien could be asserted on account of the work, services, or materials. Trustor will upon request of Lender
<br />furnish to Lender advance assurences satisfactory to Lender that Trustor can and will pay the cost of such
<br />improvements.
<br />PROPERTY DAMAGE INSURANCE. Tha following provisions relating to insuring the Property are a part of this Deed of
<br />Trust.
<br />Maintenance of Insurance. Trustor shall procure and maintain policies of tire insurance with standard extended
<br />coverage endorsements on a fair value basis for the full insurable value covering ell Improvements on the Reai
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