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DEED OF TRUST �
<br />Loan No: 101244292 (Continued) ,c 0110 6 2 9� P�g� 2
<br />representation to Trustor about Borrower (including without limitation the creditworthiness of Borrowerl.
<br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti-deticiency"
<br />law, or any other law which mey prevent Lender from bringing any act(on against Trustor, including a claim for
<br />deficiency to the extent Lender is otherw(se entitled to a cleim for deficiency, before or after Lender's commencement
<br />or completion of any foreclosure action, either judicially or by exercise of a power of sale.
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this beed of Trust, Borrower shall pey 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 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
<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, 7rustor may (1) remain in possession and
<br />control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property.
<br />Duty to Meintain. Trustor shell maintain the Property in tenantable condition end promptly perform all repairs,
<br />replacements, and maintenance necessary to preserve its value.
<br />Complience With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of
<br />Trustor's ownership of the Property, there has been no use, generation, manufacture, storege, treatment, disposal,
<br />release or threatened release of any Hazardous Substance by any person on, under, ebout or from the Property;
<br />(2) Trustor has no knowledge of, or reason to believe that there has been, except as previously disclosed to end
<br />acknowledged by Lender in writing, (a) any breach or violation of any Environmentel Laws, (b) any use,
<br />generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance
<br />on, under, about or from tha Property by any prior owners or occupants of the Property, or (c) eny actual or
<br />threatened litigation or claims of any kind by eny person relating to such rrtatters; and (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, menufacture, store, treat, dispose of or release any Hazardous
<br />Substance on, under, ebout or from the Property; and (b) any such activity shell be conducted in compliahce 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, et Trustor's expense, as 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 />purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Trustor or
<br />to eny other person. The representetions and warranties contained herein are based on Trustor's due diligence in
<br />investigating the Property for Hazardous Substances. Trustor hereby (1) releases and weives 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 12► agrees to indemnify, defend, and hold harmless Lender against any and all cleims, losses, �
<br />liabilities, damages, penalties, end 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 eny use, generation, 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 wes or should have been known to Trustor. The provisions of this section of the Deed of Trust,
<br />fncluding the obligation to indemnify and defend, shell survive the payment of the Indebtedness end the satisfaction
<br />and reconveyance of the lien of this Deed of Trust end 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 eny portion of the Property. Without limlting the generelity of the
<br />foregoing, Trustor will not remove, or grant to any other party the right to remove, eny timber, minerels (including
<br />oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent.
<br />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without
<br />Lender's prior written consent. As e condition to the removel of eny Improvements, Lender may require Trustor to
<br />tnake 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 Trustor'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 all governmental authorities applicable to the use or occupancy of the
<br />Property, including without litnitation, the Americans �th Disabilities Act. Trustor may contest in good faith any
<br />such lew, ordinance, or reguletion end withhold compliance during any proceeding, including appropriate appeals,
<br />so long as Trustor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's
<br />interests in the Property are not jeopardized. Lender mey require Trustor to post adequate security or a surety
<br />bond, reasonably satisfactory to Lender, to protect Lender'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 above in this section, which from the charecter and use of the Property are
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