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201211012 DEED OF TF'.UST Loan No: 57002047 (Contirlued) Page 4 participate in the proceeding and to be represented in the proceeding by counsel ofi Lender's own choice, and Trustor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Trustor warrants that the Property and Trustor's use of the Property complies with all existing applicable laws, ordinances, and regulations ofi governmental authorities_ Survival of Representations and Warrantoes: All representations, warranties, and agreements made by Trustor in this Deed ofi Trust sMall survive the execution and delivery ofi this Deed of Trust, shali be continuing in�nature; and shall remain in full force and effect until such time as Borrower's Indebtedness shail 6e paid in full. CONDEMNATION_ The following provisions relating to condemnation proceedings are a part of this Deed of Trust: Proceedings. If any proceeding in condemnation is filed, Trustor shall promptly notify Lender in writing, and Trustor shall promptly take such steps as may be necessary to defiend the action and obtain the award. Trustor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Trustor will deliver or cause to be delivered to Lender such instruments and documentation as may be requesied by Lender from time to time to permit sucn participation. Application of Net Proceeds. If all or any part of the Property is cond:emned by eminent domain proceedings or by any proceeding or purchase in�lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of ihe award be applied to the Indebtedness or the repait or restoration of the Property. The net proceeds of the award shall mean the award after payment of all reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lender in connection with the condemnation. IMPOSITlON OF TAXES. FEES AND CHARGES BY GOVERNMENTAL AUTHORITFES. The foifowing provisions relating to governmental taxes, fees and charges are a part of this Deed of Trus�[: - Current Taxes. Fees and Charges. Upon request by Lender, Trustor shall execute such documents in addition to this Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Trustor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed of Trust, including without limitation alt taxes, fees, documentary stamps,and other charges for recording or registering this Deed of Trust. Taxes. The foliowing shall constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon all or any part of the lndebted�ness secured by this Deed of Trust; (2) a specifiic tax on Borrower whicfi Borrower is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed ofi Trust; (3) a tax on this type of Deed ofi Trust charg�eable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Borrower�. Subsequent Taxes_ If any tax to which this section applies is enacted subsequent ro the date ofi this Deed of Trust, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided beiow unless Trustor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deoosits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT: FINANCING STATEMENTS. The following provisions relating to this Deed ofi Trust as a security agreeme�t are a part of this Deed of Trustc Security Agreement. This instrument shall constitute a Security Agreement to the exten� any of the Property constitutes fixtures, and Lender shall have all of tne rights of a secuted party under tne Uniform Commercial Code as amended firom time to time. . Security Interest. Upon request by Lender, Trustor shail take whatever action is requested by Lender to perfect and continue Lender's security interest in tFie Rents and Personal Property. In addition to recording this Deed of Trust in the real property records, Lender may, at any time and without further autnorization from Trustor, file executed counterparts, copies o�r reproductions of tnis Deed of Trust as a financing statement. Trustor shall reimburse Lende�for all expenses incurred in perfecting or continuing this security interest. Upon default, Trustor shall not remove, sever or deiach the Personal Property from the Pro�perty, Upon defiault, Trustor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Trustor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by appli.cable law. Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which information concerning the security interest granted by ihis Deed of Trust may be obtai:ned (each as required by tfie Uniform Commercial Code) are as stated on the fi:rst page of this Deed of Trust. FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of this Deed of Trust: Further Assurances. At a�ny time, and from time to time, upon request of Lender, Trustor wifl make, execu€e and deliver, or wiil cause to be made, executed or delivered,to Lender or to Lender's designee, a�d when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and piaces as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements; financing statements, continuation statemeMs, instruments ofi further assurance, certifi�cates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve ("I) Borrower's and Trustor's obligations under[he Note, this Deed of Trust, and the Related Documents, and (2) the liens and security interests created by this Deed of Trust as fiirst and prior liens on the Property, whether now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writing, Trustor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Attorney-en-Pact. lf Trustor fails to do any of the things referred to in the preceding paragraph, Lender may do so fior a�nd in the name of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocAbiy appoi�nts Lender as Trustor's attorney-i�.n-fact for the purpose of making, executing, delivering, filing, recording,and doing all other things as may be necessary or desirable, in Lender's soie opinion, to accomplish the matters refierred to in ihe preceding paragrapfi. FUtL PERFORMANCE. If Borrower and Trustor pay all tne Indebtedness, including witnout fimitation all future advances, when d:ue, and Trustor otherwise performs ai:l the obtigations imposed upon Trustor under this Deed of Trust, Le�nder shali execute and defiver to Trustee a request for iull reconveyance and shall execute and deliver to Trustor suitable statements of termination of any financing statement on file evidencing Lenders security interest in the Rents and the Personal Property. Any reconveyance fiee requi:red by law shall be paid by Trustor, if permitted by applicabie law. EVENTS OF DEPAULT. Each of the fiollowing, at Lender's option, shall constitute an EvenY of Default under this Deed of Trust: