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201200629
<br /> DEED OF TRUST
<br /> Loan No: 872058423 (Continued) Page 3
<br /> in any way by any act,omission or defaul#of Trustor or any other person. Should the Real Property be located in
<br /> an area designated 6y the Director of the Federal Emergency Management Agency as a special flood hazard area,
<br /> Trustor agrees to obtain and maintain Federal Flood Insurance,if available,for the maximum amount of Trustor's
<br /> credit line and the full unpaid principal balance of any prior liens on the property securing the loan, up to the
<br /> mauimum policy limits set under the National Flood Insurance Program,or as otherwise required by Lender,and m
<br /> maintain such insurance for the term of the loan.
<br /> Application of Proceeds. Trustor shall promptly notify Lender of any loss or damage to the Property. Lender may
<br /> make proof of loss ir�Trustor fails to do so within fifteen (15) tlays of the casualty. Whether or not Lender's
<br /> security is impaired,Lender may,at Lender's election,receive and retain the proceeds of any insurance and apply
<br /> the proceeds to fhe reduction of the Indebtedness, payment of any lien affecting the Proper[y,or the restoration
<br /> and repair of the Property. ff Lender elects to apply the proceetls to restoration and repair,Trustor shall repair or
<br /> replace the damaged or destroyed Improvements in a manner satisfactory to Lender. �Lender shall, upon
<br /> satisfactory proof of such expenditure, pay or reimburse Trustor from the proceeds for the reasonable cost of
<br /> repair or restoration if Trustor is not in default under this D�eed of Trust. Any proceeds which have not been
<br /> disbursed within 180 days after their receipt and which Lender has not committed m the repair or restoration of
<br /> the Property shall 6e used first to pay any amount owing to Lender under This Deed of Trust,then to pay accrued .
<br /> inierest,and the remainder, if any,shali be applied to the principal balance of the Indebtedness. If Lender holds
<br /> � -any proceeds after payment in full of the indebtedress, such proceeds shall 6e paid to Trustor as Trustor's
<br /> interests may appear. - �
<br /> Compliance with Existing Indebtedness. During the period in which any Existing Indebtedness described below is
<br /> in effect, compliance with the insurance provisions contained in the instrument evidencing such Existing
<br /> Indebtedness shall constitute compliance with the insurance provisions under this Deed of Trust,to the extent
<br /> compliance with the terms of this Deed of Trust would constitute a duplication of insurance requirement. If any
<br /> proceeds from the insurance become payable on loss,the provisions in this�eed of Trust for division of proceeds
<br /> shall apply only to that portion of the proceeds not payable to the holder of the�Existing Indebtedness.
<br /> LENDER'S EXPENDITURES. If Trustor faiis (A) to keep the Property free of all taxes, liens, security interests,
<br /> encumbrances, and other ciaims, (B) to provide any required insurance on the Property, (C) to make repairs to the
<br /> Property or to comply with any obligation�to maintain Existing Indebtedness in good standing as required 6elow,then
<br /> Lender may do so. If any action or proceeding�is commenced thai would materiaily affect Lender's interests in the
<br /> Property, then Lender on Trustor's behalf may, but is not required to, take any action that Lender believes to be
<br /> appropriate to protect Lender's interests. All expenses incurred or paid by Lender for such purposes will then bear
<br /> interest at the rate charged under ihe Credit Agteement from the date incurred or paid by Lender to the date of
<br /> repayment by Trustor: All such expenses will become a part of the Indebtedness and,at Lender"s option,will (A) be
<br /> payable on demand; (B) be added to the balance of the Credit Agreement and be apportioned among and be payable
<br /> with any installment payments to become due during either (1) tfie term of any applicable insurance policy;or (2)�the
<br /> remaining term of the Credit Agreement;or (CJ be treated as a balloon payment which will be due and payable at the
<br /> Credit Agreement's maturity. The Deed of Trust also will secure payment of these amounts. The rights provided for in
<br /> ihis paragraph shall be in addition to any other rights or any remedies to which Lender may be entitled on account of
<br /> any default. Any such action 6y Lender shall not be construed as curing the default so as to bar Lender from any
<br /> remedy that it otherwise would have had. �
<br /> WARRANTY;DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed
<br /> of Trust:
<br /> Title. Trustor watrants that: (a)Trustor holds good and marketable title of record to the Property in fee simple,
<br /> free and clear of all liens and encumbrances other than ihose set forth in the Real Property description or in the
<br /> F�cisting Indebtedness section below or in any title insurance policy,title report,or final title opinion issued in favor
<br /> of,and accepted by,Lender in connection with this Deed of Trust,and (6)Trustor has the full right, power,and
<br /> authority to execute and deliver this Deed of Trust to Lender.
<br /> Defense of Title. Subject to the exception in the paragraph above,Trustor warrants and will forever defend the
<br /> title to the Praperty against the lawful claims of all persons. In the event any action or proceeding is commenced
<br /> that questions Trustor's title or the interest of Trustee or Lender under this Deed of Trust,Trustor shail defend the
<br /> action at Trustor's�expense. Trustor may be the nominal party in such proceeding,but Lender shall be entitled to
<br /> participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and
<br /> Trusior will deliver,or cause to be delivered,to Lender such instruments as Lender may request from time to time
<br /> to permit such participation.
<br /> Compliance With Laws. Trustor warrants that the Property and Trustor's use of the Property complies with all
<br /> existing applica6le laws;ordinances,and regulations of governmental�authorities.
<br /> Suruival of Promises. All promises, agreements, and statements Trustor has made in this Deed of Trust shall
<br /> survive the execution and delivery of this Deed of Trust;shall be continuing in nature and shall remain in full force
<br /> and effect until s�ch time as Trustor's Inde6tedness is paid in full.
<br /> EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of ihis Deed of Trusi:
<br /> Existing Lien. The lien of this Deed of Trust securing the Indebtedness may be secondary and inferior to an
<br /> existing lien. Trustor expressly covenants and agrees to pay,oe see to the payment of,the Existing Indebtedness
<br /> and to prevent any default on such indebtedness,any default under the instruments evidencing such indebtedness,
<br /> or any default under any security documents for such indebtedness. �
<br /> No Modification. Trustor shalt not enter into any agreement with the holder of any mortgage, deed of Yrust, or
<br /> other security agreement which has priority over this Deed of Trust by which that agreement is modified,
<br /> amended, extended, or renewed without the prior written consent of Lender. Trustor shall neither request nor
<br /> accept any future advances under any such security agreement without the prior written consent of Lender.
<br /> CONDEMfdATION. The following provisions relating to condemnavon proceedings are a part o4 this Deed of Trust:
<br /> Proceedings. If any proceeding in condemnation is filed, Trustor shall promptly notify Lender in writing, and
<br /> Trustor shall promptly take such steps as may be necessary to defend the action and obtain the award. Trustor
<br /> may tie the nominal party in such proceeding,but Lender shall be entitled 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 /> Lender such instruments and documentation as may be requested by Lender from time to time to permit such
<br /> participation.
<br /> Application of Net Proceeds. If aIl or any part of the Property is condemned by eminent domain proceedings or py
<br /> any proceed�ng or purchase in lieu of condemnation,Lender may at its election tequire that all or any portion of the
<br /> net proceeds of the award 6e applied to the Indebtedness or the repair or restoration of the Property. The nef
<br /> proceeds of ihe award shail 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 following provisions relating
<br /> to governmentaltaxes,fees and charges are a part ofthis�eed of Trust:
<br /> Current Taxes,Fees and Charges. Upon request by Lender,Trustor shall execute such documents In addition to
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