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' DEED OF TRUST
<br />' Loan No: 101244688 (Continued) � 01 � 0 7 7 0 9 Page 2
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Truator shall pay to Lender all
<br />amounts secured by this Deed of Trust es they become due, end shall strictly and in a timely manner perform eli of
<br />Trustor's obligations under the Note, this Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the
<br />Property shall be governed by the following provisions:
<br />Possession and Use. Until the occurrence of an Event of Defeult, Trustor may (1) remain in possession and
<br />control of the Property; (21 use, operate or manage the Property; and (3) collect the Rents from the Property.
<br />Duty to Maintain. Trustor shall meintain the Property in tenanteble condition and promptly perform all repairs,
<br />replacements, and maintenance necessary to preserve its value.
<br />Compliance With Environmental Laws. Trustor represents and werrants to Lender that: (1) During the period of
<br />Trustor's ownership of the Property, there has been no use, generation, menufecture, storege, treatment, disposal,
<br />release or threatened release of any Hazardous Substence by any person on, under, ebout or from the Property;
<br />(2) Trustor has no knowledge of, or reeson to believe that there has been, except es previously disclosed to and
<br />ecknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (bi any use,
<br />generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance
<br />on, under, about or from the Properry by any prior owners or occupants of the Property, or (c) any actual or
<br />threatened litigation or cleims of any kind by any person relating to such matters; and (3) Except es previously
<br />disclosed to and acknowledged by Lender (n writing, ia) 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 eny Hazardous
<br />Substance on, under, ebout or from the Property; and (b) any such activity shali be conducted in compliance with
<br />ail applicable federal, state, and local laws, regulations end ordinances, including without limitation all
<br />Environmental Laws. Trustor euthorizes Lender and its egents to enter upon the Property to make such
<br />inspections and tests, at Trustor's expense, as Lender may deem eppropriate 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 eny responsibility or liability on the part of Lender to Trustor or
<br />to any other person. The representations and warranties contained herein are based on Trustor's due diligence in
<br />investigating the Property for Hazardous Substences. 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 lews; and (2) agrees to indemnity, defend, and hold harmless Lender against any and all claims, losaes,
<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, 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 was or should have been known to Trustor. The provisions of this section of the Deed of Trust,
<br />including the obligation to indemnify and defend, shali survive the payment af the Indebtedness end the satisfection
<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 />IVuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any
<br />stripping of or waste on or to the Property or eny 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 end 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 removal of any Improvements, Lender may require Trustor to
<br />make arrangements setisfactory to Lender to replace such Improvements with Improvements of at least equal
<br />value.
<br />Lender's Rlght to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at ali
<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, end
<br />regulations, now or hereafter tn effect, of all governmental authorities applicable to the use or occupancy of the
<br />Property, including without limitation, the Amertcans 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 and so long as, in Lender's sole opinion, Lender's
<br />interests in the Property are not jeopardized. Lender may 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 thosa acts set forth above in this section, which from the charecter and use of the Property are
<br />reasonably necessary to protect and preserve the Property.
<br />DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declere immediately due and payable all sums
<br />secured by this Deed of Trust upon the sale or transfer, without Lender's prior written consent, of all or eny part of the
<br />Real Property, or any interest in the Real Property. A"sele or transfer" means the conveyance of Real Property or any
<br />right, title or interest in the Real Property; whether Ipgal, beneficiel or equ(table; whether voluntary or involuntery;
<br />whether by outright sale, deed, insteliment sale contract, land contract, contract for deed, Ieasehoid interest with a
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