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DEED OF TRUST
<br />Loan No: 701246947 (Continued) � � � � � � � � 7 Page 2
<br />law, or eny other law which mey prevent Lender from bringing any ection against Trustor, (ncluding e claim for
<br />deficiancy to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement
<br />or completion of any foreclosure action, either judicielly or by exercise of a power of sale.
<br />PAYMENT AND PERFORMANCE. Except as otherwise prov(ded in this Deed of Trust, Borrower shall pay to Lender all
<br />Indebtedness secured by this Deed of Trust as it becomes due, and Borrower end 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 end 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 Defeult, Trustor may (1) remain in possession end
<br />control of the Property; (2) use, operete or manage the Property; and (3) collect the Rents from the Property.
<br />Duty to Maintain. Trustor shell maintain the Property in tenantable condition and promptly perform all repairs,
<br />replacements, and maintenance necessary to preserve its value.
<br />Compliance With Env(ronmental Laws. Trustor represents and werrents 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 eny Hazardous Substence 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 />generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance
<br />on, under, about or from the Property by eny prior owners or occupants of the Property, or (c) eny actual or
<br />threatened litigation or claima of any kind by any person relating to such matters; and (3) Except as previously
<br />disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, egent or other
<br />authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hezardous
<br />Substance on, undar, about or from the Property; and (b) any such ectivity shall be conducted in compliance with
<br />all applicable federal, state, and local laws, regulations and ordinances, including without limitetion all
<br />Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to meke 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 Trust. Any inspections or tests made by Lender shall 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 any other person. The representations and warranties contained herein are based on Trustor's due diligence in
<br />investigating the Property for Hezardous Substances. 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 laws; and (2) agrees to indemnify, defend, end hold hermless Lender ageinst any and ell claims, losses,
<br />liabilities, dameges, penalties, and expenses which Lender may directly or (ndirectly 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 survive the payment 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 any
<br />stripping of or waste on or to the Property or any portion of the Property. �thout limiting the generality of the
<br />foregoing, Trustor will not remove, or grant to eny other party the right to remove, any timber, minerals (including
<br />oil and gas1, coal, clay, scorie, 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 removel of eny Improvements, Lender may require Trustor to
<br />make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal
<br />velue.
<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 ettend 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 Qovernmental Requirements. Trustor shall promptly comply with ell laws, ordinances, and
<br />regulations, now or hereafter in effect, of alI governmental authorities appliceble to the use or occupency 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 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 ere not jeopardized. Lender may require Trustor to post edequate security or a surety
<br />bond, reasonably satisfactory to Lender, to protect Lender's interest.
<br />Duty to Protect. Trustor agrees netther to abandon or leave unattended the Property. Trustor shall do ell other
<br />ects, in addition to those acts set forth above in this section, which from the cheracter 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, declare immediately due end payable all suma
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