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201109704
<br /> DEED OF TRUST
<br /> Loan No: 810286 (Continued) Page 4
<br /> Application of Net Proceeds. If all or any part of the Property is condemned 6y eminent domain proceedings or by
<br /> any proceeding or purohase in lieu of condemnation,Lender may at its election require that a[I or any portion of the
<br /> net proceeds of the award be applied To the Indebtedness or the repair or restoretion of the Property. The net
<br /> proceeds of the award shall mean the award after payment of all reasonable costs,expenses,and attomeVS'fees
<br /> incurred by Trustee or Lender in connection with the condemnation.
<br /> IMPOSITION OF TAXES,FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating
<br /> to governmental taxes,fees and charges are a part of this Deed of Trust:
<br /> CurreM Taxes,Fees and Charges. Upon request by Lender,Trustor shall execute such documerts in addition to
<br /> this Deed of Trust and take whatever other action is requested�by Lender to perfect and continue Lender's lien on
<br /> the Real P�operty. Trustor shall reimburse Lender for all taxes, as described below,together with alf expenses
<br /> incurred in recording; perfecting or continuing this Deed of Trust, including wiihout limitation all taxes, fees,
<br /> documentary stamps,and other charges for recording or registering this Deed of Trust.
<br /> Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of
<br /> Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (2) a specifiic tax on
<br /> Trustor which Trusmr is authorized or required to deduct from payments on the Indebtedness secured by this type
<br /> of Deed of Trust; (3) a tax on this type of Deed of Trust chargeable against the Lentler or the holder of the Note;
<br /> and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by
<br /> Trustor.
<br /> Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of
<br /> Trust, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its
<br /> available remedies for an Event of Default as provided below unless Trusmr either (1) pays the tax before it
<br /> becomes deliriquent,or (2) contests the tax as provided above in the Taxes and Liens section and deposits with
<br /> Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender.
<br /> SECURITY AGREEMENT; FINANCING STATEMENTS_ The following provisions relating to this Deed of Trust as a
<br /> security agreement are a part of this Deed of Trust:
<br /> Security Agreement. This inst�ument shall co�stitute a Security Agreement to�the extent any of the Property
<br /> constitutes fixtures,and Lender shall have all of the rights of a secured party under the Uniform Commercial Code
<br /> as a.mended from time to time.
<br /> Security Interest. Upon request by Lender,Trustor shall take whatever action is requested by Lender to perfect
<br /> and continue Lender's security interest in the RentS and Personal Property. In addition to recording this Deed of
<br /> Trust in the real p�operty reco�ds, Lender may, at any time and without further authorization from Trustor, file
<br /> executed counterparts, copies or reproductions of this Deed of Trust as a financing statement Trustor shall
<br /> reimburse Lender for all expenses incurred in perfecting or continu'rng this security interest. Upon default,Trustor
<br /> shall not remove,sever or detach the Personal Property from the Property. Upon default,Trusmr shall assemble
<br /> any Personal Property not affixed to the Property in a manner and at a place reasonably convenienT to Trustor and
<br /> Lender and make it available to Lende�within three (31 days after receipt of written demand from Lender to the
<br /> extent permitted by applicable law.
<br /> Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from whi�ch information
<br /> concerning the security interest granted by this Deed of Trust may be obtained (each as required by the Uniform
<br /> Commercial Code)are as stated on the first page of this Deed of Trust.
<br /> FURTHER ASSURANCES; ATTOPJV�EY-IN-FACT. The following provisions relating to further assurances and
<br /> . attorney-in-fact are a part of this Deed of Trust:
<br /> Fu�ther Assurances. At any time,and from time to time,upon request of Lender,Trustor will make,execute and
<br /> deliver,or will cause to be made,executed or delivered,to Lender oY to Lender's designee,and when requested by
<br /> Lender,cause to be filed, recnrded,refiled,or rerecorded,as the case may be,at such times and in such offices
<br /> and places as Lender may deem appropriate,any antl all such mortgages;deeds of trust,security deeds,security
<br /> agreements, financing statements, continuatian statements, instruments of further assurance, certificates, and
<br /> other documents as may,in the sole opinion of Lender,be neces�sary or desirable in order to effectuate,complete,
<br /> perfect, continue, or preserve (1) Trustor's obligations under the Note, this Deed of Trust, and the Related
<br /> Documents,and (2) the liens and security inierests created by this Deed of Trust on the Property,whether�ow
<br /> owned or hereafter acquired by Trustor. Unless prohibited tiy law or Lender agtees to the contrary in writing,
<br /> Trustor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this �
<br /> paragraph. .
<br /> Attorney-in-Fact. If Trustor fails to do any of the things referred to in the preceding paragraph,Lender may do so
<br /> for and in the name of Trustor and at Trustor's expense. For such purposes,Trusior hereby irrevocably appoints
<br /> Lender as Trustor's attorney-in-fact for the purpose of making,executing,delivering,filing,recording,and doing all
<br /> other things as may be necessary or desirable,in Lender's sole opinion,to accomplish the matters referred to in
<br /> the preceding paragraph.
<br /> FULL PERFORMANCE. If Trustor pays all�the Indebtedness,including without limitation all future ativances,when due,
<br /> and otherwise performs ali the obligations imposed upon Trustor under this Deed of Trust, Lender shall execute and
<br /> deliver to Trustee a request for full reconveyance and shall execute and tleliver to Trustor suitable statements of
<br /> termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal
<br /> Property. Any reconveyance fee required by law shall be paid by Trustor,if permitted by applicable law.
<br /> EVENTS OF DEFAULT. Each of the following,at Le�der's option,shali constitute an Event of Default under this Deed
<br /> of Trust:
<br /> PaymenY Default. Trustor faiis to make any payment when due under the Indebtedness.
<br /> � Other Defaults. Trustor fails m comply with or to perform any other term, obligation, covenant or condition
<br /> contained in this Deed of Trust or in any of the Related Documents or to comply with or to perform any term,
<br /> obligation,coJenant ot condition contained in any other agreement between Lender and Trustor.
<br /> Complianca Default. Failure to comply with any other term, obligation, covenant or condition contained in this
<br /> Deed of Trust,the Note or in any of the Related Documents.
<br /> Defauh on Other Payments. Failure of Trustor within the time required by this Deed of Trust to make any payment
<br /> for taxes or insurance,or any other payment necessary to prevent filing of or to effect discharge of any lien.
<br /> Default in Favor of Third Parties. Should Grantor default under any loan,extension of credit,security agreement,
<br /> purchase or sales agreement,or any other agreement,in favor of any other creditor or person tha:may materially
<br /> affect any of Granmr's property or Grantor's ability to repay the indebtedness or Grantor's abi(ity to perform
<br /> Grantor's obligations under this Deed of Trust or any of the Related Documents.
<br /> False Statements. Any warranty, representation or statement made or fumished to Lender 6y Trustor or on
<br /> Trustor's behalf under this Deed of Trust or the Related Documents is false or misleading in any material respect,
<br /> either now or at the time made or fumished or becomes false or misleading at any time thereafter.
<br /> Defective Collateralization. This Deed of Trust or any of the Refated Documents ceases to be in full force antl
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