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201209604
<br /> DEED OF TRUST
<br /> Loan No:81001627 (Continued) Page 4
<br /> proceeds of the award shal'I mean the award after payment of ali reasonable costs,expenses,and attomeys'fees
<br /> incurred by Trustee or Lender in connection with the condemnation.
<br /> lMPOSITION OF TAXES,FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating
<br /> to governmentaltaxes,fees and charges are a part of this Deed of Trust:
<br /> Current Taxes,Fees and Charges. Upon request by Lender,Trusmr shall execute such documents in addition to
<br /> this Deed of Trust and take whatever other action is requested 6y Lender to perfect and continue Lender's lien on
<br /> the Real Property. Trustor shall reimburse Lender for alI taxes, as described below,together with all expenses
<br /> incurred in recording, perfecting or continuing this Deed of Trust, including without limitation all taxes, fees;
<br /> documentary stamps,and other charges for recording er registering this Deed of Trust.
<br /> Tases: 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 /> Borrower which Bortower is authorized or required to deduct from paymeMs on the Indebtedness secured by this
<br /> type of Deed of Trust; (3) a tax on this type of Deed of TrusY 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 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 /> TFust, this event shall have the same effect as an EveM 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 tfie 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 telating 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 AgreemeM to the extent any of ihe 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 time to time.
<br /> Security Interest. Upon request by Lender,Trustor sfiall take whatever action is requested by Lender to perfect
<br /> and continue Lender's securiry 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, file
<br /> executed counterparts, copies or reproductions of this �eed of Trust as a financing statement. Trustor shall
<br /> reimburse Lender for all expenses incurretl 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,Trustor shall assem6le
<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 applicabie law.
<br /> Addresses. The mailing addresses of Trustor (debtor) and Lender (secured partyl 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; 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 time to time,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 filed, recorded,refiled,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 such mortgages,deeds of trust,security deeds,security
<br /> agreements, financing statements, continuation statements, instruments of further 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, conti.rtue,or preserve (1) Borrower's and Trustor's obligations under the Note,this Deed of Trust,and
<br /> the Related Documents,and (21 the liens and security interests created by this�eed of Trust as first antl 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 for all costs and expenses incurred in connection
<br /> with the matters referred to in this paragraph.
<br /> Attorney-in-Fact. 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 irrevocably appoints
<br /> Leoder 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 LendePs 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 obligations imposed upon Trustor under this Deed of Trust,
<br /> Lender shall execute and deliver to Trustee a request for full reconveyance and shall exzcute 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. Each of ihe following,at Lender's option,shall constitute an Event of Default under this Deed
<br /> of Trust:
<br /> Payment Default. Borrower fails to make any payment when due under the Indebtedness.
<br /> Other Defaults. Borrower or Trustor fails to comply with or to perform any other term, obligation,covenant or
<br /> condition contained in this Deed of Trust or in any of the Related Documents or ta cnmply with or to perform any
<br /> term,obligation,covenant or condition contflined in any other agreement between Lender and Borrower or Trustor.
<br /> Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this
<br /> Deed of Ttust,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 preveM filing of or to effeci discharge of any lien.
<br /> Default in Favor of Third Parties. Should Borrower or any Grantor default unde� any loan, extension of credit,
<br /> security agreement,purchase or sales agreemeni,or any other agreement,in favor of any other creditor or person
<br /> that may materia[ly 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 untler this Deed of Trust or
<br /> any of the Related Documents.
<br /> False Statements. Any warraMy,representation or statement made or furnished to Lender by Borrower or Trustor
<br /> or on Borrower's or Trustor's behalf under 4his Deed of Trost or the Related Documents is false or misleading in
<br /> any material respect, either now or at the time made or fumished or 6ecomes false or misleading at any time
<br /> thereafter.
<br /> Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and
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