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201200047
<br /> DEED OF TRUST
<br /> Loan No: 810292 (Continued) Page 4
<br /> Trustor shall promptly take such steps as may be necessary to defend the action antl obtain the award. Trustor
<br /> may he the nominal party in such proceeding,but Lender shall 6e entitled to participate in the proceedmg and to be
<br /> represented in the proceeding by counsel of its own choice, and Trustor will deliver or cause to be delivered to
<br /> Lender such instruments and documentation as may be requested by Lender from time to time to permit such
<br /> participatian.
<br /> Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by
<br /> any proceeding or purchase in lieu of condemnation,Lender may at its election require that all or any portion of the
<br /> - net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net
<br /> proceeds of the award shall mean the award after payment of all reasonable costs,expenses,and attorneys'fees �
<br /> �. incurred by Trustee or Lender in connection with the condemnation.
<br /> IMPOSITION OF TAXES,FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The follo�ving provisions relati�g
<br /> to governmentai taxes,fees and charges are a part of this Deed of Trust:
<br /> Current Taxes,Fees and Charges. Upon request by Lender,Trustor shall execute such documents 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 /> [he Real Property. Trustor shall reimburse Lender for all taxes, as described below, together with all expenses
<br /> incurred in recording, perfecting or continuing this Deed of Trust, including �vithout limitation ali taxes, fees,.
<br /> documentary stamps,and other charges for recording or registering this Deed of Trust.
<br /> Taxes. The following shall constiwte taxes to which this section appli.es: U1 a specific tax upori this type of
<br /> Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; {2) a specific tax on
<br /> Trustor which Trustor is authorized or required to deduct from payments on the Indebtedness secured by this type
<br /> of Deed of Trust; i3) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Note;
<br /> and (4I a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by
<br /> Trustor. . �
<br /> Suhsequent Taxes. If any tax to which tliis 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 Trustor either �1) pays the tax before it
<br /> beeomes delinquent,or (2) contes'cs the tax as provided above in the Taxes and Liens section and deposit5 with
<br /> Lender cash or a sufficient corporate surety bond or other security satisfactory to Le�nder.
<br /> SECURITY AGREEMENT; FINANCING STATEMENTS. The followi�g provision5 relating to this Deed of Trust as a
<br /> , security agreement are a part of tihis Deed of Trust:
<br /> Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property
<br /> constitutes fixtures,and Lender shail have all of the rights of a secured party under the Uniform Commercial Code
<br /> as amended 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 �eed of
<br /> Trust in the real property records, Lender may, at any time antl without further authorization from Trustor,file
<br /> executed counterparts, copies or reproductions of this Deetl of Trust as a financing statement. Trustor shall
<br /> reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default,Trustor
<br /> sYi�all not remove,sever or detach the Personal Property from the Property. Upon default,Trusior 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 malce it available to Lender within Yhree (3) days after receipt of written demand from Lender to the
<br /> eMent permitted by applicable law. ,
<br /> Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) firom which informa±ion
<br /> concerning the security interest granted by this Deed of Trust may be obtained (each as required by the Uniiorm
<br /> Commercial Code)are as stated on the First page of this Deetl of Trust.
<br /> FURTHER ASSURANCES; ATTORNEY-IN-FACT. The foilowing provisions relating to further assurences and
<br /> attorney-in-fact are a part of this Deed of Trust:
<br /> Further 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 or to Lender's designee,and when requested by
<br /> Lender,cause to be filed,recorded, refiled,or retecorded,as the case may be, at such times and in such offices
<br /> � and places as Lender may deem appropriate,any and all such mortgages,deeds of trust,security deeds,securiYy
<br /> agreements, financing statements, continuation statements, instruments of further assurance, certificates, and
<br /> other documents as may,in the sole opinion of Lender,be necessary 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 (21 the liens and security interests created 6y this Deed of Trust on Lhe Property,whether now
<br /> owned or hereafter acquired 6y 7rustor. Unless prohibited by law or Lender agrees to the contrary in writing,
<br /> Trustor shall reimburse Lender for all costs and expenses incurred in connection�vith the matters referred to in.this
<br /> paragraph.
<br /> flttomey-imFact. If Trustot fails to do any of the things referred to in the preceding paragraph,Lender may do so
<br /> far and in the name of Trustor and at Trustor's expense. For such purposes,Trustor hereby irrevocably appaints
<br /> Lender as Trustor's attorney-in-fact for the purpose of malcing,executing,delivering,filing,recording,and doing all
<br /> other things as may be necessary or desirable, in Lender's sole opinion,to accompGsh the matters referred to in
<br /> the preceding paragraph. �
<br /> FULL PERFORMANCE. If Trustor pays all the Indebtedness when due, and otherwise performs all the obligations
<br /> . imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full
<br /> reconveyance and shall execute and deliver to Trustor suitable statements of termination of any fina�cing statement on
<br /> file evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required 4y law
<br /> shall be paid by Trustor,if permitted by applicable law.
<br /> EVENTS OF DEFAULT. Each of the foilowing,at Le�der's option,shall constitute an Event of Defauit under this�eed
<br /> of Trust:
<br /> Payment Default. Trustor fails to malce any payment when due under the Indebtedness.
<br /> Other Defaults. Trustor fails to co:mply 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,covenant or condition contained in any other agreement between Lender and Trustor.
<br /> Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in tliis
<br /> Deed of Trusi,the Note or in any of the RelaYad Documents. .
<br /> Default on Other Payments. Failure of Trustor within the time required 6y this Deed of Trust to make any payment
<br /> for taxes or insurance,or any other payment necessary to prevent filing of or m effect discharge of any lien.
<br /> Defauk 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 that may materially
<br /> affect any of Grantor's property or Grantor's ability to repay fhe Indebtedness or Grantor's ability to perform
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