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201400196
<br /> DEED OF TRUST
<br /> Loan 1110: 8100�48Q (Confiinued) Page 4
<br /> EXISTING INDEBTEDIV�SS. The following provisions concerning Existing Indebtedness are a part of tE�is Deed of Trust:
<br /> Existing Lien. The lien of this Deed of Trust securing the Indebtedness may be secondary and inferior to an
<br /> existing lien. Trustvr express[y covenants end agrees to pay, or see to the payment of, ihe Existing IndebEedness
<br /> and to prevent any clefault on such indebtedness, any default under the instruments evidencing suc[� indebtedness,
<br /> or any default under any security documents for such inde6tedness.
<br /> No Modifcation. Trustor shall not encer into any agreement with the holder of any mortgage, deed of trust, or
<br /> other security agreement which has priarity aver this Deed of Trust by which that agreement is modified,
<br /> amended, extended, or renewed without the prior written conseni of Lender. Trustor sha[I ne'sther request nor
<br /> accept any future advances under any such security agreement without the prior writcen consent of Lender.
<br /> GDNDEM�[ATI�N. The follow9ng provisions re[aiing to condemnation procesdings are a part of this Deed of Trust:
<br /> Proceedings. If any proceeding in condemnation is filed, Trustor shall psomptly notify Lender in writing, and
<br /> Trustor shal[ promptly take such steps as may Fre necessary to defend the action and obtain the award. Trustor
<br /> may be the nominal party in such proceeding, 6ui Lender shall Be entitled to parcicipate in th�proceeding and to be
<br /> represented in the proceeding by counse! of its awn choice, and Trustor wilE deliver or cause to be delivered to
<br /> Lender such instruments and documentation as may be requested by Lender from time to time to permit such
<br /> participation.
<br /> Application of Nei Proceeds. If all or any part af the Property is condemned by eminent domain proceedings or by
<br /> any proceeding or�urchase in lieu o€condemnation, Lender may at its electian require that all or any portion of the
<br /> net proceeds of the award be applied to the ]ndebfiedness or the repair or restoration of the Property. The nei
<br /> proceeds of the award shall mean the award after paymenE of al] reasonable costs, expenses, and attorneys' fees
<br /> incurred by Trustee or Lender in conneCtion with the Condemnation.
<br /> IMPOSITIDN �F TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. 'The fallowing pravisions rela'ting
<br /> io govemmental taxes, fees and charges are a part of this [leed of Trust:
<br /> Current 7axes, Fees and Charges. !lpon request by Lender, Trustor shall execute such documents in addition to
<br /> this Deed of Trust and take whatevar other action is requested by Lender to perFect and contir�ue Lender's Gen on
<br /> t[�a ReaE Property. Trustor shall reimburse Lender for all taxes, as described 6elaw, together with all expenses
<br /> incurred in recording, perfecting or continuing this �eed of Trust, inc[uding withouY IimitaYion al{ taxes, fees,
<br /> documentary scamps, and other charges for recording or registering tF�is Deed of Trusi.
<br /> Taxes. The following shal[ constitute taxes to which this section applies: (1} a specific tax upon this type of
<br /> �eed of 7rust or upon a11 or any part of the �ndebtedness secured by this Deed of Trust; I2) a specific tax on
<br /> Borrower which Borrower is authorized ar req�ired to deduc# from payments on the Indebtedness secured by this
<br /> type of Deed o#Trust; {31 a tax on this type of Deed of Trust chargeable against the Lender or the holder of the
<br /> Note; an[G (4} a specific Eax on al[ or any portion of the Indebtedness or on payments of principal and interest
<br /> made by Barrower.
<br /> 5tabsequent Taxes. If a�y tax to which this sectian applies is enacted subsequent to the date of this Deed pf
<br /> Trust, this event shall have the same effect as an Event ofi Qefault, and Lender may exercise any or al] of its
<br /> available remedies for an Event of �efault as provided 5elow unfess Trustor either {1} pays the tax before it
<br /> becomes delinquent, or f�1 contests the tax as pravided above in the Taxes and L9ens section and deposits with
<br /> Lender cash or a s�fficient corporate surety Bond or other sacurity satisfactory to Lander. �
<br /> S�CURITY A�REEMENT; FfNAl1[C1NG STATEMENTS. 7he following provisions relating to this Deed of Trust as a
<br /> security agresment are a part of this Deed of Trust:
<br /> Security Agreemant. �his instrument shal[ constitute a Security Agreement to the extent any of the Property
<br /> constitutes fixtures, and Lender shall have al[ of the rights of a seeured party uncter the Uniform Commercial Code
<br /> as amended from time to time.
<br /> 5ecurity ]nterest. Upon request by Lender, Trustor shal] take whatever action is requested 6y Lender tp perfect
<br /> and continue Lender's security interest in the Rents and Persona[ Properry. [n addition to recording this �eed of
<br /> 7rust in tF�e real property records, Lender may, at any time and without furtf�er authorization frorrE l-rustor, file
<br /> executed counterparts, copies or reproducfions of this Deed of Trust as a financing statement. Trustor sha[I
<br /> reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Trustor
<br /> shall not remo�e, sever or detach the Personal Praperty from the Property. Upon defauft, Trustor sha[I assemble
<br /> any Personal Property not affixed to the Property in a manner and at a place reasonably con�e�ient to Trustor and
<br /> Lender and make it a�aila6le to Lender within three {3] days af[er 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} fro3-n which information
<br /> concerni�g the security interest grantad by this Deed oir Trust may i�e obtained (each as required by the Unifprm
<br /> Commercial Code) are as stated on the first page ofi this Deed of Trust.
<br /> FURTFiER AS5URANCES; A�TORNEY-IN-FAC7. The #ollowing provisions relating to #urther assurances and
<br /> attorney-in-fact are a part of this �eed of Trust:
<br /> Further Assurances. At any tirree, and from time to time, upon request o�F Lender, Trustor will make, execvFe and
<br /> deliver, or wil[ 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 of€ices
<br /> and places as Lender snay deem appropsiate, any and all s�ch mortgages, deeds of trust, security deeds, security
<br /> agreemervts, financing statements, con#inuation 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, continue, or preserve ([} Borrower's and l-rustor's obligations under the Note, tftis Deed of Trust, and
<br /> the Refated Documents, and t21 the liens and security interests created by this Deed o�Trust an the Property,
<br /> whether now owned or hereafter acquired by Trustor. Unless prohi6ited by law or Lender agrees to the contrary in
<br /> writing, Trustor sha[I reim6urse Lender#or a[I costs and expenses incurred in connection with the matters referred
<br /> to in this paragraph.
<br /> AtEorney-in-Fact. If l-rustor€aiis to da 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 irre�ocably appoiRts
<br /> Lender as Trustor's attomey-in-fact for the purpose of making, executing, deGvering, filing, recording, and doing all
<br /> other Ehings as may be necessary or desirable, in Lender's so[e opinion, to accomplish the matters referred to in
<br /> the preceding paragraph.
<br /> FULL PERFOF�MANCE. If Borrower and Trustor pay al[ the Indebtedness, including wiYhouY limitation aEl fuYure
<br /> advances, when due, and Trustor otherwise performs alE the oL�ligations imppsed uppn Trustor under this Deed of Trust,
<br /> Lender sha][ execute and de[i�er to Trustee a request for full reconveyar�ce and shall execute and deliver to 3rustor
<br /> suitable statements of terrr�ination af any financing s#atement an file evidencing Lender's security interest in the Rents
<br /> and the Personal Property. Any reconveyance fae required by law shall be paid by Trustor, if permitted by applicable
<br /> law.
<br /> EVENTS OF dEFAULT. Each of the fo[lowing, at Lender's option, shall constitute an Event of Default under this Deed
<br /> of Trust:
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