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202411270368 Document:D-TRUST Rec: S309.50 Page-2 of 6 <br />Record Date:ll/27/2024 3:18 PM Snohomish County, WA <br />This Deed of Trust is for the purposes of securing performance of each agreement of Grantor <br />contained herein and in the Agreement and payment by Grantor of the sum of four million <br />($4,000,000), or such lesser principal sum that Beneficiary actually advances to Grantor, in <br />accordance with the terms of a promissory note of even date herewith (the "Note"), payable to <br />City or order, made by Grantor, and all renewals, modifications and extensions thereof, and also <br />such further sums as may be advanced or loaned by the City to Grantor, or any of their <br />successors or assigns, together with interest thereon at such rate as shall be agreed upon. <br />To protect the security of this Deed of Trust, Grantor covenants and agrees: <br />1. Subject to the contemplated demolition of the existing improvements on the <br />Property as of the date of this Deed of Trust and the construction of new improvements on the <br />Property, to keep the Premises in good condition and repair; not to remove or demolish any <br />building thereon; to complete or restore promptly and in good and workmanlike manner any <br />building that may be constructed, damaged, or destroyed, and to pay when due all claims for <br />labor performed and materials furnished therefor; to comply with all laws affecting the Premises <br />or requiring any alterations or improvements to be made; not to commit or permit waste <br />thereof; not to commit, suffer, or permit any act upon the Premises in violation of law; and to <br />do all other acts which from the character or use of the Premises may be reasonably necessary <br />to preserve and conserve its value. <br />2. To pay before delinquent all taxes, assessments and any other charges affecting the <br />Property when due, subject to the Grantor's right to contest such taxes, assessments and other <br />charges in good faith; and, except for encumbrances, charges, and liens of record as of the date <br />of this Deed of Trust, to keep the Property free and clear of all other encumbrances. <br />3. To keep all buildings now or hereafter erected on the Property described herein <br />continuously insured against loss by fire or other hazards in an amount not less than the total <br />replacement value. The Beneficiary will require Grantor to acquire title insurance for the sum <br />of Grantor's purchase price of the Property. All policies shall be held by the City, and be in such <br />companies as the City may approve and have loss payable first to the City, as its interest may <br />appear, and then to the Grantor. Except as otherwise set forth in the Agreement or the Note, <br />the amount collected under any insurance policy may be applied to any indebtedness hereby <br />secured in such order as the Beneficiary shall determine. Such application by the Beneficiary <br />shall not cause discontinuance of any proceedings to foreclose this Deed of Trust. In the event <br />of foreclosure, all rights of the Grantor in insurance policies then in force shall pass to the <br />purchaser at the foreclosure sale. <br />4. To defend any action or proceeding purporting to affect the security hereof or the <br />rights or powers of Beneficiary or Trustee, and to pay all costs and expenses, including the cost <br />of title search and attorneys' fees in a reasonable amount, in any such action or proceeding, and <br />in any suit brought by the Beneficiary to foreclose this Deed of Trust. <br />5. To pay all costs, fees and expenses in connection with this Deed of Trust, including <br />the expenses of the Trustee incurred in enforcing the obligations secured hereby and Trustee's <br />and attorneys' fees actually incurred, as provided by statute. <br />Deed of Trust Page 2 <br />