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201207755
<br /> DEED OF TI�IlS-f
<br /> Loan 9Vo: 81001'I'i 5 (ContinUeCi� 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 Lend�er in connecfion with the condemnat�on.
<br /> IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. Tne following provisions relating
<br /> to govemmenial taxes; fees and charges are a part of this Deed ofi Trust:
<br /> Current Taues, 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 �ender's lien on
<br /> the Real Property. Trustor shall reimburse Lender for all taxes, as described below, together witn all expenses
<br /> incurred in tecording, perfecting or continuing this Deed of Trust, including without limitation all taxes, fees,
<br /> documentary stamps, and oYher charges fior recording or registering this Deed of Trust.
<br /> T�es. The following shail constitute taxes to which this se��ction applies: (1) a specific tax upon this type ofi
<br /> Deed of Trust or upon all or any parY ofi the l�ndebtedness secured by this Deed of Trust; (2) a specific tax on
<br /> Borrower which Borrower is authorized or requ'ired to deduct from payme�ts on the Indebrtedness secured 6y this
<br /> type of Deed o'f Trust; t3} a Yax on this type of Deed ofi 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 o# principaJ and interest
<br /> made by Borrower.
<br /> Subsequent Taxes. If a�y tax to which this section applies is enacted subsequent to the date of this Deed of
<br /> Trust, this ev�nt shall have the same efifect as an Event ofi Default, and Lender may exercise any or ali of its
<br /> avsilable remedies for an Eveni of Defiault 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 seciion and deposits with
<br /> Lender cash or a sufficient corporate surety bond or otner security satisfactory to Lender.
<br /> SECURITY AGREEMENT; FINAIIlCIE�9G STATEMENTS. The following provisions relating to this Deed of Trust as a
<br /> security agreement are a part ofi this Deed ofi Trust:
<br /> Securety Agreern�ent. This instrument shall constitute a Security Agreement to the extent any of the Property
<br /> constiwtes fixYures, and Lender shall have all of the rights ofi a secured party under tne Uniform Comme:rcial Code
<br /> as amended from time to time.
<br /> Security Interest. Uoon request by Lender, Trustor shall take whatever action is requested by Lender to perfect
<br /> and conYinue 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 firom Trustor, file
<br /> executed counYerparts, copi�es or reproductions of this Deed of Trust as a financing statement. Trustor shall
<br /> reimburse Lender fo��r all expenses incurred in perfecting or continuing this security interest. Upon default, Trustor
<br /> shail not remove, sever or detach the Personal Property from the Property. Upon defiaulY, Trusto� 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 ofi written demand� from Lender to the
<br /> eMent parmitted by applicable law.
<br /> Addresses. The mailing addresses ofi Trustor (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 first page of this Deed of Trust.
<br /> FURTHER ASSURANCES; ATTORN�EY-IN-FACT. The following provisio�s relaiing to further assurances and
<br /> attomey-in-fact are a part of this Deed of Trust:
<br /> Further Assurances. At any time, and firom time to time, upon request of Lender, Trustor will make, execute and
<br /> defiver, or wili cause to be made, executed or delivered, to Lender or to Lender's designee, and wnen requested by
<br /> Lender, cause to be filed, recorded, refi.led, or rerecorded, as the case may be, at such times and in such offices
<br /> and places as Lender may deem appropriate, any and all sucfi mortgages, deeds of trust, security deeds, security
<br /> agreements., financing statements, continuation statements, instruments of furtner assurance, certificates, and
<br /> other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete,
<br /> perfect, continue, ar preserve (1) Borrower's and TrustoFs 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 first end prior
<br /> liens on the Property, whether now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender
<br /> agrees to the contrary in writing, Trustor shall reimburse Lender fior ail costs and expenses incurred in connection
<br /> with the��matters referred Yo in this paragraph.
<br /> Attorney-in-Fact. Ifi Trustor fails to do any of the ihings referred to in the preceding paragraph, Lender may do so
<br /> for and in the name of Trustor and at TYustor°s expense. For such purposes, Trustor hereby irrevocably appoints
<br /> Lender as Trustor s attorney-in-fact for the pu�pose 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 Borrower and Trustor pay all the Indebtedness, including without limitation all future
<br /> advances, when due, and Trustor otherwise performs all the obligaYions imposed upon Trustor under tihis Deed of Trust,
<br /> Lender shall execute and deliver to Trustee a request fior fiull reconveyance and shatl execute and deliver to Trustor
<br /> suitabie statements of Yermination 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 /> EVElVTS OF DEFAULL Each of the following; at Lender's opti:on, sha(I constitute an Event ofi Default under this Deed
<br /> of Trust: - �
<br /> Payment Default, Borrower faifs to make any aayment when due under the Indebtedness.
<br /> Other Defaults. Borrower or Trustor faifs to compiy with or to perform any other term, obligation, covenant or
<br /> oonditior. con�tained in this Deed of Trust or in a.ny of the Related Documents or to�comply with or to perform any
<br /> term, obligation, covenant or condition con2ained in any other agreernent 6etween Lender and Borrower or Trustor.
<br /> Complia�ce Default. Failure to comply with any other term, obligation, covenant or condition contained in this
<br /> Deed of Trust,the Note o�r in any ofi the Related Documents.
<br /> �efaulY on Other Payments. Failure ofi Trustor within the time required by this Deed of Trust to make any payment
<br /> for taxes or i:nsurance,or any other payment necessary to prevent filing of or to effect discharge of any lien.
<br /> Default in Favor of Third Parties. Snould Borrowe� or any Grantor default under any loan, eMension ofi credit,
<br /> security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person
<br /> that may materially affect any of Borrower's or any Grantor's property or Borrower's ability to repay the
<br /> Indebtedness or Borrower's or Grantor's ability to perform their respective obligations under this Deed af Trust or
<br /> any of the Related Documents.
<br /> �alse Statements. Any warranty, representation or statement made or fumished to Le�nder by Borrower or Trustor
<br /> or on Borrower's or T�ustor's behalf under this Deed of Trust or the Related Documents is false or misleading in
<br /> any material respect, either now or at the time made or furnished or becomes false or misleading at any time
<br /> thereaf�ter.
<br /> Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and
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