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<br />DEED OF TRUST
<br />(Continued) Page 4
<br />action at Trustor's expense. Trustor may be the nominal party in such proceeding, but Lender shall be entiUed to
<br />partfcipate in the proceeding and to be represented in the proceeding by counsel of Lenders 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 part(cipation.
<br />Compltance Wlth Laws. Trustor warrants that the Properly and Trustors use of the Property complies with all
<br />existing applicable laws, ordinances, and regulatlons of govemmental authorities.
<br />Survival of Representations and Warranties. All representations, warranties, and agreements made by Trustor in
<br />th(s Deed of Trust shall surv(ve the execution and delivery of this Deed of Trust, shall be continuing in nature, and
<br />shall remain in full force and effect until such time as Trustor'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 candemnation is flled, Trustor shall promptly notify Le�er in writing, and
<br />Trustor shall promptly take such steps as may be necc�ssary to defend the actfon and obtafn the award. Trustor
<br />rrray be the nominal party fn such pr�eding, but Lender shall be entiUed to participate fn the proceeding artd to be
<br />represent� 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 Ume to permit such
<br />participatlon.
<br />Application of Net Proceeds. If all or any part of the Properry is c�ondemned by eminent dorrnain proceedings or by
<br />any proceeding or purchase 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 />prooeeds of the award shall mean the award after payment of all reasonable costs, expenses, and attomeys' fees
<br />incurred by Trustee or Lender ln connection with the crondemnation.
<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 />CuRent Taxes, Fees and CharBes. Upon request by Lender, Trustor shall execute such documents in addiUon to
<br />this peed 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 relmburse Lender for all taxes, as described below, togethe� with all expenses
<br />IncuRed in recording, pertecting 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: (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 is authorized or required to deduct from payments on the Indebtedness secured by this rype
<br />of Deed of Trust; (3) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Note;
<br />and (4) a speciflc tax on all or any portion of the Indebtedness or on payments of principal and interest made by
<br />Trustor.
<br />Subsequent Taxes. If any tax to which this section applies (s 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 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 />becomes deAnquent, or (2) contests the tax as provided above in the Taxes and Uens section and deposits with
<br />Lender cash or a sufficient corporate surety bond or other securiry 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 instn.iment shall constitute a Sacurity Agreement to the extent any of the Property
<br />constitutes ftxtures, 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 Intarest. Upon request by Lender, Trustor shall take whatever acUon is requasted by Lender to pertect
<br />and continue Lendar's secur(ty interest (n the Rents and Personal Properry. In addiUon to recording this Deed of
<br />Trust in the real property records, Lender may, at any time and without further authorizatlon from Trustor, flle
<br />executed counterparts, copfes or reproducUons of this Deed of Trust as a flnancing statement. Trustor shall
<br />relmburse 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. Upon default, Tnrstor 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 (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 />concerning tha security interest granted by th(s Deed of Trust may be obtained (each as requlred 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 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 tirrie to time, upon requast of Lender, Trustor will make, execute and
<br />de0ver, or will cause to be made, execxated or delivered, to Lender or to Lenders designee, ar�d when requasted by
<br />Lender, cause to be filed, recorded, refiled, or rereoorded, � the case may be, at such times and in such offices
<br />and pla�s as Ler�er rtray deem appropriate, arry and all such mortgages, deeds of trust, securtty deeds, security
<br />agreements, financing statements, corrtinuation statements, instrumerts of further assuranoe, certificates, and
<br />other documerrts as may, in the sole opinion of Lender, be necessary or desirable (n order to effectuate, complete,
<br />perfed, continue, or preserve (1) Trustor's obligations under the Note, this Deed of Tnast, and the Related
<br />Documents, and (2) the liens and security interests cxeated by this Deed of Tn�st as first and prior liens on the
<br />Properly, whether now owned or hereafter aoquired by Trustor. Unl�s prohibfted by law or Lender agrees to the
<br />contrary in wriUng, Trustor shall reimburse Lender for all c�sts and expenses incurred in connection with the
<br />matters referred to in this paragraph.
<br />Attomey-In-Fac� If Ttvstor 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 appo(nts
<br />Lender as Trustor's attorney-in-fact for the purpose of making, executing, delivering, filing, recording, and doing all
<br />other things as may be necessary or desirable, in LendePs sole opinion, to accomplish the matters referred to in
<br />the preceding paragraph.
<br />FULL PERFORMANCE. If Trustor �ys all the Indebtedn�s, including without limitatfon all future advanc�s, when due,
<br />and othervvfse pertorms all the obligations imposed upon Trustor under this Deed of Trust, Le�er shall execute and
<br />deliver to Tn.istee a request far full reconveyance and shall execute and deUver to Trustor suitable statements of
<br />termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal
<br />Property. Any reconveyance fee required by law shall be paid by Trustor, if permitted by applicable law.
<br />EVENTS OF DEFAULT. Each of the following, at Lender's optlon, shall consUtute an Event of Default under this Dced
<br />of Trust:
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