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�oi�ossSG
<br />DEED OF TRUST
<br />Loan No: 2935477005 (Continued) Page 2
<br />may be or hereafter may become othervvise unenforceable.
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) al! of Trustor's right, title, and
<br />interest in and to aii present and future leases of the Properry and all Rents from the Property. In addition, Trustor
<br />grants to Lender a Uniform Commerciai Code security interest in the Personal Prope+ty and Rents.
<br />THIS DEED OF TRUST, INCLUDING 7HE ASSIGNMENT OF RENTS AND THE SECURITY IN7EREST IN THE RENTS AND
<br />PERSONAL PROPERTY, IS GNEN TO SECURE (A) PAYMENT OF TNE INDEBTEDNESS AND (B) PERFORMANCE OF
<br />ANY AND ALL 08LIGATIONS UNDER THE NOTE, THE REIATED DOCUMENTS, AND THIS DEED OF TRUST. THIS
<br />DEED OF TRUST IS G(VEN AND ACCEPTED ON THE FOLLOWING TERMS:
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender att
<br />amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner pertorm afl of
<br />Trustor's obligations under the IVote, 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 Defauit, Trustor may (1) remain in possessian and
<br />control of the Property; (2) use, operate or manage the Property; and (3) coNec[ the Rents from the Property.
<br />Duty to Maintain. TYustor shall maintain the Property in tenantable condition and promptly perform all repairs,
<br />repiacements, 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 the 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 />(2J Trustor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and
<br />acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use,
<br />generatio�, manufacture, siorage, treatment, disposal, release or threatened release of any Hazardous Substance
<br />on, under, about or from the Property by any prior owners ar 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 previausly
<br />disclosed to and 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 Ha2ardous
<br />Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with
<br />all applicable tederal, state, and local laws, regulations and ordinances, inciuding 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, as Lender may deem appropriate to determine compliance of the
<br />Property with this section of the Deed of Trusi. Any inspections or tests made by Lender shall be for Lende�'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 any other person. The representations and warranties contained herein are based on TrustoPs due diligence in
<br />investigating the Property for Hazardous Substances. Trustor hereby (1) releases and waives any future ciaims
<br />against lender for indemnity or confribution in the 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 all claims, losses,
<br />liabilities, damages, penalties, and expenses which Lender may directly or ind'+recdy 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, shall sunrive the payment of the Indebtedness and the satisfaction
<br />and reconveyance of the iien af this Deed of Trust and shall not be affected by Lender's acquisition of any intecest
<br />in the Property, whether by foreciosure or otherwise.
<br />Nuisance, Waste. Trustor shail 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 limit+ng 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. Trustor shall not demolish or remove any Improvements from the 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 />Lende�'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 />Comptiance with Govemmental Requiremenks. Trustor shali promptly comply with all laws, ordinances, and
<br />regutations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the
<br />Property, including without limitation, the Americans With Disabilities Act. 7rustor may contest in good faith any
<br />sucfi law, ordinance, or reguiation and withhold compliance during any proceeding, including appropriate appeals,
<br />so long as Trustor has noti�ed Lender in writing prior to dofng 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
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