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RECEPTION#:668920,09/30/2020 at 02:01:45 PM, Pgs 2 of 9, Janice K. Vos Caudill, Pitkin County, CO
<br /> DWR Division 5
<br /> Received
<br /> 8/10/2021
<br /> # 10014521
<br /> DEED OF TRUST
<br /> (Continued) Page 2
<br /> THIS DEI D OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
<br /> GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: (a) this Deed of Trust is executed at Borrower's
<br /> request and not at the request of Lender; (b) Grantor has the full power, right, and authority to enter Into this Deed of Trust and to
<br /> hypothecate the Property; (c)the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or
<br /> other instrument binding upon Grantor and do not result In a violation of any law, regulation, court decree or order applicable to
<br /> Grantor; (d)Grantor has established adequate means of obtaining from Borrower on a continuing basis information about Borrower's
<br /> financial condition; and (a) Lender has made no representation to Grantor about Borrower (Inducing without limitation the
<br /> creditwo hiness of Borrower).
<br /> GRANT Re WAIVERS. Grantor waives all rights or defenses arising by reason of any"one action"or"a ti-d'ficiency" law, or any
<br /> other lav which may prevent Lender from bringing any action against Grantor, Including a claim for defoie cy t the extent Lender is
<br /> otherwis entitled to a claim for deficiency, before or after Lender's commencement or completion of any from closure action, either
<br /> judicially or by exercise of a power of sale.
<br /> PAYMEh T AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower and Grantor shall pay to Lender all
<br /> Indebted iess secured by this Deed of Trust as it becomes due, and Borrower and Grantor shall strictly perform all their respective
<br /> obligatioi is under the Credit Agreement,this Deed of Trust, and the Related Documents.
<br /> POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Grantor agree that Borrower's and Grantor's possession and
<br /> use of the Property shall be governed by the following provisions:
<br /> Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain In possession and control of the
<br /> Profany; (2) use,operate or manage the Property;and (3) collect the Rents from the Property.
<br /> D to Maintain. Grantor shall maintain the Property in good condition and promptly perform all repairs, replacements, and
<br /> malt tenance necessary to preserve its value.
<br /> Co [lance With Environmental Laws. Grantor represents and warrants to Lender that; (1) During the period of Grantor's
<br /> own inship of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened
<br /> reler as of any Hazardous Substance by any person on, under,about or from the Property; (2) Granto has no knowledge of, or
<br /> reas n to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach
<br /> or volation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or
<br /> threi tened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the
<br /> Profany,or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters;and (3) Except
<br /> as p eviously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor,agent or otter
<br /> auth rized user of the Property shall use, generate,manufacture,store, treat,dispose of or release any Hazardous Substance on,
<br /> and r,about or from the Property; and (b) any such activity shall be conducted in compliance with all ap licable federal, state,
<br /> and cal laws,regulations and ordinances, including without limitation all Environmental Laws. Grantor aut crizes Lender and its
<br /> age is to enter upon the Property to make such inspections and tests,at Grantor's expense,as Lender ma deem appropriate to
<br /> date mine compliance of the Property with this section of the Deed of Trust. Any inspections or test ma a by Lender shall be
<br /> for L nder's purposes only and shall not be construed to create any responsibility or liability on the part of L rider to Grantor or to
<br /> any that person. The representations and warranties contained herein are based on Grantor's due dill yen a in investigating the
<br /> Prop rty for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Le der for indemnity or
<br /> Conti lbution in the event Grantor becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify,
<br /> defei id, and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, an ear enses which Lender
<br /> may Ilrectly or indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust oi as consequence of any
<br /> use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grant es ownership or Interest
<br /> In the Property,whether or not the same was or should have been known to Grantor. The provisions c this section of the Deed
<br /> Of Tr at,including the obligation to indemnify and defend, shall survive the payment of the Indebtednes anc the satisfaction and
<br /> rem veyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of an Interest In the Property,
<br /> whet er by foreclosure or otherwise.
<br /> Nuls nce, Waste. Grantor shall not cause, Conduct or permit any nuisance nor commit, permit, or uffe any stripping of or
<br /> was on or to the Property or any portion of the Property. Without limiting the generality of the f egoIng, Grantor will not
<br /> remo is,or grant to any other party the right to remove,any timber,minerals(including oil and gas),cog, day,scoria,soil, gravel
<br /> or ro products without Lender's prior written consent.
<br /> Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Froperty without Lender's
<br /> prior written consent. As a condition to the removal of any Improvements, Lender may require Grant r to make arrangements
<br /> satisl actory to Lender to replace such Improvements with Improvements of at least equal value.
<br /> Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Frope rty at all reasonable
<br /> times to attend to Lender's interests and to Inspect the Real Property for purposes of Grantor's compliance with the terms and
<br /> conditions of this Deed of Trust.
<br /> Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances and regulations, now or
<br /> here fter In effect, of all governmental authorities applicable to the use or occupancy of the Property. Grantor may contest in
<br /> good faith any such law, ordinance,or regulation and withhold compliance during any proceeding,inclu ling appropriate appeals,
<br /> so log as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opir ion, ender's interests in
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