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201200159
<br /> DEED OF TRUST
<br /> Loan No: 81Q721 (Continued) Page 4
<br /> Trustor shall promptly take such steps as may be necessary to defend the action and obtain the award. Trustor
<br /> may be the nominal party in such proceeding,but Lender shall be entiiled to participate in the proceeding 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 /> Le�der such instruments and documentation as maV be requested by Lender from time to time to permit such
<br /> participation. �
<br /> ApplicaYion 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 co�ndemnation,Lendar may at its election require that alI or any portion of the
<br /> net p�oceeds of the award be applied to the Indebtedness or the repair.or re5ioration of the Properry. The net
<br /> . proceeds of the award shall mean the awatd after payment of ali reasonable costs,expenses,and attorneys'fees
<br /> incurred by Trusiee or Lender in connection with the condemnation.
<br /> IMPOSITION OF TAXES,FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions rel�ting
<br /> to governmentaltaxes,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 T�ust and take whatever othet action is requested by Lender to perfect and continue Lender's lien on
<br /> the Real Property. Trustor shall reimbu�se Lender for all taxes, as described below, together with all expenses
<br /> incurred in recording, perfecting or continuing this Deed of Trust, including without 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: (11 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; (21 a specific tax on
<br /> Borrower which Borrower is authorized or required to deduct from payments on the Indebtedness secured by this
<br /> type of Deed of Trust; �3) a tax on this type of Deed of Trust chargeable against the Lender or the hoider of The
<br /> Note; and f4) a specific tax on all or any portio�of the Indebtedness or on payments of principal and interest
<br /> made by Borrower.
<br /> Subsequent Tases. If any tax to which this section applies is e�nacted 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 �11 pays the tax before it
<br /> becomes delinquent,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 m Lender.
<br /> SECURITY AGREEMENT; FINANGING STATEMENTS. The foilowing provisions relating to this Deed of Trust as a
<br /> security agreement are a part of this 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 shall 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 Deed of
<br /> Trust in the real property records, 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 finaocing sta2ement. Trusinr shall
<br /> reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default,Trustor
<br /> shall not remove,sever or detach the Personal Property from the Property. U�pon default,Trustor 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 Lender within three 13) days after receipt of written demand from Lender m the
<br /> e�ctenf permitted by applicable law.
<br /> Addresses. The mailing addresses of Trustor (debtor) and Lsndei (secured party) from which information
<br /> concerning the security interest granted by this Deed of Trust may be obtainetl (each as required by the Uniform
<br /> Commercial Code)are as stated on the first page of this Deed of Trust.
<br /> FURTHER ASSURANCES; ATTORNEY-W�-FACT. The �ollowing provisions relating to further assurances and
<br /> attorney-in-fact are a part of this Deed of Trust:
<br /> Further Assutances. 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 tlelivered,to Lender or to Lender's designee,and when requested by
<br /> Lender,cause to be filed,recorded,tefiled,or rerecorded,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,security
<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 tlesirable in order to effectuate,complete,
<br /> perfect,continue,or preseroe (1) Borrower's and Trustor's obligations undet the Note,this Deed of Trust,and
<br /> the Related Documents,and (2) the liens and security interests created by ihis Deed of Trust on the Property,
<br /> whether now owned or hereafter acquired hy Trustor. Unless prohibited by law or Lender agrees to the contrary in
<br /> writing,Trustor shall reim6urse Lender for all costs and expenses incurred in connection with the matters referred
<br /> to in this paragreph.
<br /> Attomey-in-Fact. If Trustor fails to do any of the things referred to in the preceding paregraph,Lender may do so
<br /> for and in the name of Trustor and at Trustor's expense. For such purposes,Trustor hereby ircevocabiy appoints
<br /> Lender as Trustor's attomey-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 Borrower and Trustor pay all the Indebiedness when due,and Trustor otherwise performs all
<br /> the obligations imposed upon Trustor under this Deed of Trust,Lender shall execute and deliver to Trustee a request for
<br /> full reconveyance and shall execute and deliver to Trustor suitahle statements of termination of any financing statement
<br /> on file evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by
<br /> law s.hall be paid by Trustor,if permitted by applicable law.
<br /> EVENTS�OF DEFAULT. Each of the following,at Lender's option,shall constitute an Event of Default under this Deed
<br /> of Trust:
<br /> Payment Default. Borrower fails to make any payment when due under the Indebtedness.
<br /> Other Defaults. Borrowet or Trustor fails to comply with or to perform any other term, obligation, covenant or
<br /> condition contained in this Deed of Trust or in any of the Related Documents or to comply with or to perform any
<br /> term,obligation,covenant or condition contained in any other agreement between Lender and Borrower or Trustor.
<br /> Compliance 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 /> Default on Other Payments. Failure of Trustor withi�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 Borrower or any Grantor default under any loan, extension of credit,
<br /> security agreement,purchase or sales agreement,or any other agreement,in favor of any other creditor or person
<br /> that may materialiy affect any of Borrower's or any Granior's property or Borrower's ability to repay the
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