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DEED OF TRUST 2 0110 8 7 6 0
<br />Loan No: 101245912 (COntillued) Page 2
<br />whether or not the advances are made pursuant to a commitment. Speciflcally, wfthout Iimitation, this Deed of Trust
<br />secures, in addiUon to the amounts specified in the Note, all future amounts Lender in its discretion may loan to
<br />Trustor, together with all interest thereon; however, in no event shall such future advances (excluding interest) exceed
<br />fn the aggregate $75,000.00.
<br />Trustor presenUy assigns to Lender (also known as Beneflcfary in this Deed of Trust) all of Trustor's right, tftle, and
<br />interest in and to all present and future leases of the Properly and all Rents from the Properly. In addftion, Trustor
<br />grants to Lender a Uniform Commercial Code security interest in the Personal Properly and Rents.
<br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND
<br />PERSONAL PROPERTY, IS GNEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF
<br />ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS
<br />DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided fn this Deed of Trust, Trustor shall pay to Lender all
<br />amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all 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 />Properly shall be govemed by the following provisfons:
<br />Possession and Use. Until the axurrence of an Event of Default, Trustor 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 Properly.
<br />Duty to Maintaln. Trustor shall maintain the Properly fn tenantable condition and promptly pertorm all repairs,.
<br />replacements, and maintenance necessary to preserve its value.
<br />Compllance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of
<br />Trustor's ownership of the Properly, there has b�n 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 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 />generetion, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance
<br />on, under, about or from 4he Properly by any prlor owners or occupants of the Property, or (c) any actual or
<br />threatened litigatfon or claims of any kind by any person relatlng to such matters; and (3) Except as previously
<br />disclosed to and acknowledged by Lender in writing, (a) nefther Tn�stor nor any tenant, contractor, agent or other
<br />authorized user of the Properly 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 compUance with
<br />all applicable federal, state, and local laws, regulatlons and ordinances, induding without limftation all
<br />Environmental Laws. Trustor authortzes Lender and its agents to enter upon the Property to make such
<br />inspectlons and tests, at Trustor's expense, as Lender may deem appropriate to determine complfance of the
<br />Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lenders
<br />purposes only and shall not be construed to create any responsibility or IlabiUty on the part of Lender to Trustor or
<br />to any other person. The representaUons and wamanties contained herein are based on Trustor's due dilfgence in
<br />investigating the Properly for Hazardous Substances. Trustor hereby (1) releases and waNes any future claims
<br />against Lender for indemnity or contribution in the avent Trustor becomes Ilable for cleanup or other costs under
<br />any such laws; and (2) agrees to fndemnify, defend, and hold harmless Lender agafnst any and all claims, losses,
<br />liabilities, damages, penalUes, and expenses which Lender may direcUy or indirectiy sustain or suffer resuldng from
<br />a breach of this section of the D�d 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 Properly, whether or
<br />not the same was or should have been known to Trustor. The provisions of this sectfon of the Deed of Trust,
<br />including the oblfgatlon to indemnify and defend, shall survlve the payment of the Indebtedness and the satisfaction
<br />and reconveyance of the Uen of this Deed of Trust and shall not be affected by Lender's acquisttion of any (nterest
<br />in the Property, whether by foreclosure or othervvise.
<br />Nuisance, Waste. Tn.istor shall not cause, conduct or permtt any nuisance nor commit, perm(t, or suffer any
<br />stripping of or waste on or to the Property or any portion of the Properly. Without iimfting the generality of the
<br />foregoing, Trustor wilt not remove, or grant to any other party the right to remove, any timber, minerals (Including
<br />oil and gas), coal, clay, sr,oria, 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 />Lenders 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 all
<br />reasonable times to attend to Lenders interests and to inspect the Real Properly for purposes of Trustor's
<br />compliance w(th the terms and conditions of this Deed of Trust.
<br />Compliance wlth Govemmental Requlr�ements. Trustor shall promptly comply with all laws, ordinances, and
<br />regulations, now or hereafter in effect, of all govemmental authorities applicable to the use or occupancy of the
<br />Properly, including without flmitation, the Americans With Disabflides Act. Trustor may contest in good faith any
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