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DEED OF TRUST �,
<br />(Continued) ti o i 2 0���� page 4
<br />proceeds of the award shall mean the award after payment of all reasonable costs, expenses, and attomeys' 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 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 actlon is requested by Lender to perfect and continue Lender's lien on
<br />the 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 without Ifmitatlon 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 th(s 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 specffic 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 chargeabte 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 Borrower.
<br />Subsequent Taxes. If any tax to which this 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 />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 to Lender.
<br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relat(ng to this Deed of Trust as a
<br />security agreement are a part of this Deed of Trust:
<br />Security Agreement This instrument shall consUtute 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 Ume to Ume.
<br />SecuMty Interest. Upon request by Lender, Trustor shall take whatever actlon is requested by Lender to perfe�t
<br />and continue 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 tlme and without further authorization from Trustor, flle executed
<br />counterparts, copies or reproductions of this Deed of Trust as a financing statement Trustor shall reimburse
<br />Lender for all expenses incurred in perfecting or con�nuing this security interest. Upon default, Trustor shall not
<br />remove, sever or detach the Personal Property from the Property. Upon default, Trustor shall assemble any
<br />Personai 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 (3) days after receipt of written demand from Lender to the
<br />extent permitted by applicable law.
<br />Addresses. The maiting addresses of Trustor (debtor) and Lender (secured party) from which inforrnatlon
<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 flrst page of this Deed of Trust.
<br />FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relaUng to further assurances and
<br />attomey-in-fact are a part of thfs Deed of Trust:
<br />Further Assurences. At any time, and from time to tlme, 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 flled, recorded, refiled, or rerecorded, as the case may be, at such Umes and ln 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, contlnuation statements, instruments of further assurance, certiflcates, 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) BorrowePs and Trustor's obligations under the Note, this Deed of Trust, and
<br />the Related Documents, and (2) the liens and security interests created by this Deed of Trust as flrst and prior
<br />liens on the Property, whether now owned or hereafter acquired by Trustor. Unless prohibfted by law or Lender
<br />agrees to the contrary in wrfUng, Trustor shalt reimburse Lender for all costs and expenses incurred in connection
<br />with the matters referred to in this paragraph.
<br />Attorney-in-Faat 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 inevocably 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 Borcower and Trustor pay all the Indebtedness, including without Iimitatfon all future
<br />advances, when due, and Trustor otherwise performs all the obligations imposed upon Trustor under this Deed of Trust,
<br />Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to Trustor
<br />suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents
<br />and the Personal Property. Any reconveyance fee required by law shall be paid by Trustor, if permitted by applicable
<br />law.
<br />EVENTS OF DEFAULT. At Lender's option, Trustor will be in default under this Deed of Trust if any of the following
<br />happen:
<br />Payment Default Borrower fails to make any payment when due under the Indebtedness.
<br />Break Other Promises. Borrower or Trustor breaks any promise made to Lender or fails to perform prompUy at the
<br />time and strictly in the manner provided in this Deed of Trust or in any agreement related to this D�d of Trust
<br />Compllance Default Failure to compiy with any other term, obligatlon, covenant or conditlon contained in this
<br />D�d of Trust, the Note or in any of thr� Related Documents.
<br />Default on Othe� Payments. Failure of Trustor within the time required by this D�d of Trust to make any payment
<br />for iaxes or insurance, or any other payment necessary to prevent filing of or to efFect discharge of any lien.
<br />False Statements. Any representatlon or statement made or fumished to Lender by Borrower or Trustor or on
<br />Borrower's or Trustor's behalf under this Deed of Trust or the Related Documents is false or misleatling in any
<br />material respect, either now or at the Ume made or fumished.
<br />DefecWe CollaterallzaUon. This Deed of Trust or any of the Related Documents ceases to be in full force and
<br />effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any
<br />time and for any reason.
<br />Death or Insolvency. The death of Borcower or Trustor, the insolvency of Borrower or Trustor, the appointrnent of
<br />a receiver for any part of Borrower's or Trustor's property, any assignment for the benefit of creditors, any type of
<br />creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against
<br />Borrower or Trustor.
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