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20120�5
<br />DEED OF TRUST
<br />(Contlnued) Page 4
<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 flled, Trustor shall promptly noUfy l.er�er in w�iting, and
<br />Trustor shall prompUy take suc� steps � rrray be neoessary to defend the action and obtain the award. Trustor
<br />may be the nominal party in such proceeding, but Lender shall be entitled to pardcipate in the proc�eding and to be
<br />represeMed in the proceeding by counsel of its own choice, and Trustor will deliver or cause to be delivered to
<br />Lender such instruments and dawmentation � may be requested by Lender from time to Ume to permit such
<br />participatlon.
<br />Applicatlon of Net Proceeds. If all or any part of the Properly is condemned by eminent dortrain pra�edings or by
<br />any proc�eding or purdi�e in lieu of condemnation, Lender may at its election require that all or any portion of the
<br />net prooeeds of the award be appl(ed to the Indebtedness or the repair or restoration of the Property. The net
<br />prooeeds of the awrard shall mean the award after payment of all re�ornable c�sts, exper�, and attomeys' f�.s
<br />incurred by Trustee or Lender in connectlon 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 addiUon to
<br />this Deed of Trust and take whatever other actlon is requested by Lender to perfect and continue Lenders Ifen on
<br />the Real Properly. 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 Umitation all taxes, fees,
<br />documentary stamps, and other charges for recording or register(ng 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 specffic tax on
<br />Trustor which Trustor is 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 chargeable against the Lender or the holder of the Note;
<br />and (4) a speciflc tax on all or any portion of the Indebt�ness or on payments of principal and interest made by
<br />Trustor.
<br />Subsequent Taxes. If any tau to which this section applies is enacted subsequent to the date of this Dead of
<br />Trust, this ever�t shall have the same effect � an Everrt of Defauit, and Lender rrray exerdse any or all of its
<br />available remedies for an Everrt of Default � provided below unl�s Trustor efther (1) pays the tax before ft
<br />beoomes delinquent, or (2) �ntests the tax as provided above in the Tanes and L1ens section and deposits with
<br />Lender cash or a sufficient corporate surery bond or other security satisfactory to Lender.
<br />SECURIT1f 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 />Securfty Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property
<br />constftutes 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 Inter�st Upon request by Lender, Trustor shall take whatever action is requested by Lender to perfect
<br />and continue Lender's security interest in the Rents and Personal Property. In addiUon to recording thfs Deed of
<br />Trust in the real property records, Lender may, at any time and without further authorizaUon from Trustor, file
<br />executed counterparts, copfes or reproductions of this Deed of Trust as a flnancing statement. Trustor shall
<br />reimburse Lender for all expenses incurred in pertecting or continuing this security interest. Upon default, Trustor
<br />shall not remove, sever or detach the Personal Properly from the Properly. Upon default, Trustor shall assemble
<br />any Personal Properly not afflxed to the Property in a manner and at a place reasonably convenient to Trustor and
<br />Lender and make it avaflable 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 the securiry interest granted by this Deed of Trust may be obtained (each as required by the Uniform
<br />Commercfal 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 Ume, and from time to Ume, upon request of Lendrer, Tn�stor will make, execute and
<br />deliver, or will pu� to be m�e, executed or del'nrered, to Lender or to Lender's designee, and when requested by
<br />Lender, quse to be filed. reoorded. refiled. or rereoorded, as the case may be, ffi such Umes and in such offices
<br />and places as Lender rr�ay deem approprlate, anY and all such mort9a9es. deeds of trust, searity deeds, security
<br />agreemerrts, financ:ing statements, c�ontinuatlon statements, instrumeMs of further assurance, certificates, arid
<br />other docx�meMs as may, in the sole opinion of Lender, be neoessary or desireble in onder to effectuate, complete,
<br />perfed, corrtinue, or preserve (1) Trustor's obligations under the Note, this Deed of Trust, and the Related
<br />Documents, and (2) the lier� and security interests created by this Deed of Trust as flrst arid prior lien.s on the
<br />Properly, whether now owned or hereafter aoquired by Trustor. UNess prohibfted by law or LerxJer agrees to the
<br />�ntrary in writing, Trustor shall reimbiuse Lender for all costs and e�er�ses incurred in �nnedion with the
<br />matters referred to in this paragraph.
<br />Attorney-In-Fact If Trustor fafls to do any of the things referred to in the preceding paragraph, Lerxier may do so
<br />for and in the name of Trustor and at Trustor's exper�se. For such purposes, Trustor hereby irrevocably appoints
<br />Lender as Trustor's attomey-in-fact for the purpose of mak(ng, executing, delfvering, flling, 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 precedfng paragraph.
<br />FULL PERFORMANCE. If Trustor pays all the Indebtedness, induding without limitation all future advanc�s, when due,
<br />and othervvise performs all the obligations imposed upon Trustor under this Deed of Trust, Lender shall execute and
<br />deliver to Tnistee a request for full reconveyance and shall execute and deliver 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 Lenders opUon, shall constitute an Everrt of Default under this Deed
<br />of Trust:
<br />Payment Default Trustor fails to make any payment when due under the Indebtedness.
<br />Other Defaults. Trustor fails to comply with or to pertorm any other term, obligation, covenant or conditfon
<br />contained in this Deed of Trust or in any of the Related Documents or to comply with or to perform any term,
<br />oblfgation, covenant or conditfon contained in any other agreement between Lender and Trustor.
<br />Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this
<br />Deed of Trust, the Note or in any of the Related Documents.
<br />Default on Other Payments. Failure of Trustor within the time required by this Deed of Trust to make any payment
<br />for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any Ifen.
<br />Envlronmental Default. Failure of any party to comply wfth or pertorm when due any term, obligation, covenant or
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