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DEED OF TRUST
<br />(Continued)
<br />authority to execute and deliver this Deed of Trust to Lender.
<br />20120�71f page4
<br />Defense of Title. SubJect to the excepUon in the paragraph above, Trustor wanants and will forever defend the
<br />title to the Property against the lawful claims of all persons. In the event any actlan or proceedfng is commenced
<br />that questions Trustor's title or the interest of Trustee or Lender under this Deed of Trust, Trustor shall defend the
<br />acUon at Trustor's expense. Trustor may be the nominal party in such proceeding, but Lender shall be entlUed to
<br />participate in the proceeding and to be represented in'the proceeding by counsel of Lender's own choice, and
<br />Trustor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from Ume to tlme
<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 applicable laws, ordinances, and regulations of govemmental authorities.
<br />Survival of Promises. All promises, agreements, and statements Trustor has made in this Deed of Trust shall
<br />survive the execution and del(very of this Deed of Trust, shall be continuing in nature and shall remain in full force
<br />and effect until such time � Trustor's Indebtedness is paid in full.
<br />EXISTING INDEBTEDNESS. The following provisions conceming Existing Indebtedness are a part of this Deed of Trust:
<br />Existing Lien. The Ifen of this Deed of Trust securing the Indebtedness may be secondary and (nfe�lor to an
<br />existing lien. Trustor expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness
<br />and to prevent any default on such (ndebtedness, any default under the fnstruments evidencing such indebtedness,
<br />or any default under any security documents for such indebtedness.
<br />No ModiflcaUon. Trustor shall not enter into any agreement with the holder of any mortgage, deed of trust, or
<br />other security agreement which has priority over this Deed of Trust by which that agr�ment is modifled,
<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 />CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust:
<br />Proceedings. If any proceeding in condemnation fs flied, Trustor shall promptly notify Lender in writing, and
<br />Trustor shall promptly take such steps as rrray be neoessary to defend the action and obtain the award. Trustor
<br />may be the nominal party in such prooeeding, but Lender shall be entitled to partic(pate in the proceed(ng and to be
<br />represented in the prooeeding by counsel of its own choi�, and Trustor will deliver or cause to be detivered to
<br />Lender such instruments and daximer�tation as may be requested by Lender from tlme to time to permit such
<br />participation.
<br />Applicatlon of Net Proceeds. If all or any part of the Property is condemned by eminerrt dorr�in prooeeding,s or by
<br />any prooeeding or purchase in lieu of oondemnadon, 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 restoratlon of the Property. The net
<br />prooeeds of the award shall mean the award after payment of all r�,sor�ble costs, expe►�, and attomeys' fees
<br />incurred by Trust� or Lender in connection with the condemnation.
<br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relaUng
<br />to govemmental taxes, fees and charges are a part of this Deed of Trust:
<br />Current Taxes, F�s and Charges. Upon request by Lender, Trustor shall execute such documents in additlon to
<br />this Deed of Trust and take whatever other actlon is requested by Lender to perfect and continue Lender's Ilen on
<br />the Real Property. Trustor shall re(mburse Lender for all taxes, as described below, together with all expenses
<br />incurred in recording, perfecting or continuing this Deed of Trust, inctuding without limitation all taxes, fees,
<br />documentary stamps, and other charges for recordfng or registering this Deed of Trust.
<br />Taxes. The following shall constitute taxes to whlch 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 specific tax on
<br />Trustor which Trustor (s 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 chargeabte against the Lender or the holder of the CredR
<br />Agreement; and (4) a speciflc tax on all or any portion of the Indebtedness or on payments of pr(ncipal and
<br />interest made by Trustar.
<br />Subsequent Taxes. If any tax to which this section applies is erracted subs�uerrt to the date of this Deed of
<br />Trust, this ever�t shall have the same effect as an Event of Default, and Lender may exercise arry or all of its
<br />available remedies for an Event of Defautt as provided below unless Trustor either (1) � the tax before it
<br />beoomes delinquent, or (2) �ntests the tax as provided above in the Taxes and Lien.s section and deposits with
<br />Lender cash or a sufficient corporate surety bond or ather security satisfactory to Lender.
<br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relaUng 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 flxtures, 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 />SecuHty Interest Upon request by Lender, Trustor shall take whatever actlon is requested by Lender to pertect
<br />and contlnue Lender's security interest in the Personal Property. In addition to recording this Deed of Trust in the
<br />real property records, Lender may, at any time and without further authorization from Trustor, flle executed
<br />counterparts, copies or reproducUons of this Deed of Trust as a flnancing statement. Trustor shall reimburse
<br />Lender for all expenses incurred in perfect(ng or continufng this secur(ty interest. Upon default, Trustor shall not
<br />remove, sever or detach the Personal Property from the Property. Upon default, Trustor shall assemble any
<br />Personal Property not afflxed 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 (3) days after receipt of written demand from Lender to the
<br />extent permitted by applicable law.
<br />Addresses. The mailing addresses of Trr�stor (debtor) and Lender (secured party) from which 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 flrst page of thls Deed of Trust.
<br />FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and
<br />attorney-in-fact are a part of this Deed of Trust:
<br />Further Assurances. At any Ume, and from tlrr� to Urr�, upon requ�t of Lender, Trustor will make, execwte and
<br />deliver, or will cause to be made, exeaded or delivered, to Lender or to Lender's desigr�e, and when requested by
<br />Ler�er, cause to be filed, reoorded, refiled, or rereoorded, as the c�e rrray be, at such times and in such offic�
<br />and plaoes as Lerid� maY de�n aPP�P�ate, any and all such mortgages, deeds of trust, security deeds, security
<br />agreements, flnanang statemerrts, oorrtinuation statements, instrumerits of further �surance, certlficates, and
<br />other docximeMs as may, in the sole opinion of Lender, be rre�ry or desirable in order to effectuate, complete,
<br />perfed, c�orrtinue, or preserve (1) Trustor's obligations under the Credit AgreemeM, this Deed of Trust, and the
<br />Related Doa�merrts, and (2) the lien.s and sea�rity ir�terests created by this Deed of Trust on the Property,
<br />whether now owned or hereafter aoquired by Trustor. Unless prohibited by law or L�der agee.s to the contrary in
<br />writing, Trustor shaii reimburse Lender for all oosts and e�enses incx�rred in connection with the matters referred
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