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DEED OF TRUST � 012 0 9 4 0�
<br />(Continued) Page 4
<br />Survlval of Representatlons and Warrantles. All representations, warrantfes, and agreements rriade by Trustor in
<br />this �ed of Trust shall sunrive 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 Trustors Indebtedness shall be paid in full.
<br />CONDEMNATION. The following provisions relating to condemnation proceedings are a part of th(s Deed of Trust:
<br />Proceedings. If any proc�eding in condemnation is flled, Trustor shall promptly notify Lender in writing, and
<br />Tn.rstor shall promptly take such steps as may be necessary to defend the action and obtain the award. Trustor
<br />may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be
<br />represented in the procecding by �unsel of its own choice, and Trustor will deliver or cause to be delNered to
<br />Lender such instruments and documentation as may be requested by Lender from time to time to permit such
<br />participation.
<br />Applicatlon of Net Proceeds. If all or any part of the Properly is �ndemned by eminar�t domain proceedings or by
<br />any proc�eding or purchase in lieu of condemnation, Lender may at its election require that all or any �rtion of the
<br />net proceeds of the award be applied to the Indebtedn�s or the repair or restoration of the Property. The net
<br />proc�eds of the award shall mean the award after payment of all reasonable costs, expenses, and attomeys' fees
<br />incurred by Tnastee or Lender in connection with the condemnation.
<br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating
<br />to governmental taxes, fees and charges are a part of this Deed of Trust:
<br />Current Taxes, Fees and Charges. Upon request by Lender, Tnrstor shall execute such documents in addition to
<br />this Deed of Trust and take whatever other action is requested by Lender to pertect and continue Lenders I(en 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 Iimitation 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 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 speciflc 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 specific 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 appli� is enaded subsequent to the date of this Deed of
<br />Trust, this event shall have the same effect as an Everrt of Default, and Lender may exerase any or all of its
<br />available remedi� for an Everrt of Default as provided below unl�s Tnastor eRher (1) pays the tax before it
<br />bec�mes 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 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 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 Cade
<br />as amended from time to time.
<br />Security Interest. Upon request by Lender, Trustor shall take whatever action is requested by Lender to pertect
<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, flle
<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 thfs 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 Property not a�xed 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 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 Tirst page of this Deed of Trust.
<br />FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and
<br />attomey-in-fact are a part of this Deed of Trust:
<br />Further Assurances. At any time, and from time to time, upon request of Lender, Trustor will make, execute and
<br />deliver, or will cause to be r�e, exec�Red or delivered, to Lender or to Lender's desbgnee, and when requested by
<br />Lender, cause to be filed, reoorded, refiled, or rereoorded, � the case rr�ay be, at such times and in such offices
<br />and plao� as Lender may deem appropriate, arry and all siu� mortgages, deeds of trust, security deeds, secxirity
<br />agreements, finanang statemerrts, cor�tinuation statemerrts, instruments of further �suranoe, �rtificates, and
<br />other documerrts as may, in the sole opinion of Lender, be neoessary or desirable in wder to effectuate, complete,
<br />perfect, corrtinue, or preserve (1) Tn.istor's obligations urxler the Note, this Deed of Trust, and the Related
<br />Documents, and (2) the liens ar� secx�rity irrterests cxeated by this Deed of Trust as flrst and prior liens on the
<br />Properly, whether now owned or hereafter ac�quired by Trustor. UN�s prohibited by law or Lender agees to the
<br />contrary in writing, Trustor shall reimburse Le�r for all c�sts and e�erses incxirred in connection with the
<br />matters referred to in this paragraph.
<br />Attorney-In-Fact. If Trustor fails to do any of the things referred to in the preoeding paragraph, Lender may do so
<br />for and in the name of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoirds
<br />Lender as Trustor's attomey-in-fact for the purpose of making, executing, delivering, filing, rec;ording, and doi� all
<br />other things as may be necessary or desirable, in Lendet's sole opinion, to aa�mplish the matters referred to in
<br />the prec�ding paragraph.
<br />FULL PERFORMANCE. If Trustor pays all the Indebtedness, including without limitation all future advancess, when due,
<br />and othervvise performs all the obligations imposed upon Trustor under this Deed of Trust, Lender shall execute and
<br />deliver to Trustee a request for full reconveyance and shail execute and deliver to Trustor suitable statements of
<br />termination of any financing statement on file evidencing Lenders securlty interest in the Rents and the Personal
<br />Property. Any recorneyance 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 option, shall constitute an Event of Default under thfs Deed
<br />of Trust:
<br />Payment Default. Trustor fafis to make any payment when due under the Indebtedness.
<br />Other Defaults. Trustor fails to comply with or to perform any other term, obligation, covenant or condition
<br />contained in this Deed of Trust or in any of the Related Documents or to comply with or to petfiorm any term,
<br />obligation, covenant or condition contained in any other agreement beriveen 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.
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