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�012020�v
<br />DEED OF TRUST
<br />(Continued) Page 4
<br />Tftle. Trustor warrants 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 those set forth in the Real Property description or in any
<br />title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection
<br />with this Deed of Trust, and (b) Trustor has the full right, power, and authoriry to execute and deliver this Deed of
<br />Trustto Lender.
<br />Defense of Title. Subject to the exception in the paragraph above, Trustor warrants and wfll forever defend the
<br />title to the Property against the lawful claims of all persons. In the event any actlon or proceeding 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 />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 />Trustor 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 applicable laws, ordinances, and regulations of govemmental authorities.
<br />Survival of Representations and Warranties. All representations, wamanties, and agreements made by Trustor in
<br />this Deed of Trust shall survive the execution and delNery of this Deed of Trust, shall be continuing in nature, and
<br />shall remain in full force and effect until such time � Borrower's Indebtedness shall be paid in full.
<br />CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust:
<br />Proceedings. If any proceeding in oondemnation is ftled, Trustor shall promptly notiTy 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 />rrray be the nominal parly in such proceeding, but Lender shall be entitled to pardcipate in the proceeding and to be
<br />represerrted in the proc�aeding by counsel of its own choice, and Trustor will deliver or cause to be delivered to
<br />Lender such instruments and documerrtation as may be reque.sted by Lender from time to Ume to permit such
<br />participation.
<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 purd�ase 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 reasor�ble costs, expenses, and attomeys' f�.s
<br />incurred by Trustee or Lender in connection with the condemnation.
<br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provfsions relating
<br />to govemmental 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 Ilen on
<br />the Real Property. Trustor shall reimburse Lender for all taxes, as described below, together with all expenses
<br />incurred in recording, pertecting or continuing this Deed of Trust, including without Iimitation all taxes, fees,
<br />documentary stamps, and other charges for recording or registering this Deed of Trust.
<br />Ta�ces. The following shall constitute taxes to which this section applies: (1) a speciflc 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 />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 holder of the
<br />Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest
<br />made by BoROwer.
<br />Subsequent Taxes. If any tax to which this section applies is enacted subsequerrt to the date of this Deed of
<br />Trust, this event shall have the same effect � an Everrt of Default, and Lender may exerdse 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 />beoomes delinquent, or (2) contests the tax as provided above in the Taxes arid 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 instrument shall constitute a Secu�ity 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 pe�fect
<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 financing statement. Trustor 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 Properly from the Property. Upon default, Trustor shall assemble
<br />any Personal Properly 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 (3) 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 which information
<br />conceming 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; 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 time, and from time to time, upon request of L.ender, Trustor will make, execwte arxl
<br />deliver, or will quse to be made, execx�[ed or delivered, to Lender or to Lender's designee, ar� when requested by
<br />Lender, cause to be filed, reoorded, refiled, or rereoorded, as the c�e rnay be, at such tlmes and in such offices
<br />and plaoes as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security
<br />agreemerrts, financir�g statements, corrtinuatfon statements, instruments of further assurance, certificates, and
<br />other documents as may, in the �le opinion of Lender, be necessary or desirable in order to effectuate, complete,
<br />perted, continue, or preserve (1) Borrower's and Trustor's obligations under the Note, this Deed of Trust, and
<br />the Related Documents, and (2) the liens and security intere,sts created by this Deed of Trust as first and prior
<br />liens on the Properly, whether now owned or hereafter aoquired by Trustor. Unless prohibited by law or Lender
<br />agrees to the conVary in writing, Trustor shall reimburse Lender for all oosts and e�eruses ina.irred in �nnection
<br />with the matters referred to in this paragraph.
<br />Attomey-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, Trustor hereby irrevocably 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 refeRed to in
<br />the preceding paragraph.
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