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201401415
<br /> DEED OF TRUST
<br /> Loan No: '1�3 (Continued) Page 4�
<br /> EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Deed of Trust:
<br /> Existing Lien. The lien of this fleed of TrusE securing the Ende6tedness may be secondary and i�ferior ta an
<br /> existing lien. Trustor expressly co�enants and agrees to pay, or see to the payment of, the Existing [ndebtedness
<br /> and to prevent any default on se�ch indebtedness, any defauft under the instruments evidencing such indebtedness,
<br /> or any de�Fault under any security documents for such indebtadness.
<br /> No Modif¢cation. Trustor shall not enier into any agreement with the holder of any mortgage, deed of trust, or
<br /> other security agreement which has priority o�er this Deed of 7rust by which tE�at agreement is modified,
<br /> amended, extended, or renewed without the priar written conseni of Lender. Trustor shail neither requesY nor
<br /> accep#any future advances under any such security agreement without the prior written consent of Lender.
<br /> COML]EIVINATION. The fallowing provisions relating to condemnation proceedings are a part of this Deed of Trus#:
<br /> ?roceedings_ If any proceeding in cvndemnation is filed, Trustar shall promptly notify Lender in writing, and
<br /> Trustor shalf promptEy take such steps as may be necessary to defend the action and ob2ain the award. 3rustor
<br /> may be the nominal party in such proceeding, but Lender shall be entitled to par[icipate in tf�e proceeding and to be
<br /> represented in the proceeding by counse[ of its own choice, and Trusior will deliver or cause to be delivered to
<br /> Lender such instruments and dacu�entation as rr3ay be requested by Lender firom time to time to permit such
<br /> parEicipatiors.
<br /> Application of fltet Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by
<br /> any proceeding or purchase in lieu of condemnation, Lender may at its e]ection require that all or any portion of the
<br /> net proceeds of the award be applied to the 1nc[ebtedness or the repair or restoration of the Property. The net
<br /> proceeds of the award shaEl mean the award after payment of al1 reasonable costs, expenses, and atEorneys' fees
<br /> incurred by Trustee or Lender in connection with the condemnation.
<br /> IMPQ5ITION OF TAX�S, FEES AN� CHARGES BY GdVERNMEl1tTAl. AUTHORETIES. The following provisions relating
<br /> to governmental taxes, fees and charges are a parY of this Deed of Trust:
<br /> Current Taxes, Fees and Charges. Upon request by Lender, Trusior shal] execute such dacuments in additian to
<br /> this Deed of 7rusi and take whatever a#her action is requesFed by Lender to perfect and continue Lender's lien on
<br /> the Real Property. Trustor sha[I raimburse Lender fiar a[I taxes, as described below, together with alE expenses
<br /> incurred 'on recarding, perfecting or continuing ihis Deed of �rust, including without limitation all taxes, fees,
<br /> documentary stamps, and other charges for recording or registering this Deed of Trust.
<br /> 7a�ces. The fo[lowing shafl constiCute taxes to which this section applies: ;1� a specific #ax upon this type of
<br /> Deed of Trust or upon sll or any part of the Indebtedness secured by this Deed of �frust; [2) a specific tax on
<br /> Borrower which Barrower is authorized or required to dede�ct from payments on the lndebYedness secured by this
<br /> type af Deed of Trust; [3I a tax on this type of�eed of Trust chargeab[e against the Lender or the holcEer of the
<br /> Note; and i4) a specific tax on all or any portion of the Indehtedness or on payments of principal and interest
<br /> made by 8orrowes.
<br /> Subseq��nt Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of
<br /> Trust, this event shal[ have tha same effect as an Event of Default, and Lender may exercise any or aIl 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 i2] contests ihe tax as provided abo�e in the Taxes and Liens section and deposits with
<br /> �ender c�sh or a sufficient corporate surety bond or other security satisfactory to Lender.
<br /> SECLIRITY AGREEMENT; FII�ANCEt�G STATEMElVTS. The fapowing prov9sians relating to this Deed of Trust as a
<br /> security agreement are a part of this Deed of Trusi:
<br /> 5eourity Agreement. This instrument shall const'stute a Security Agreement to the extant any of the Froperty
<br /> constitutes tixt+�res, and Lender shall have all of the rights of a secured parYy e�nder the Unifiorm Commercial Code
<br /> as amended from time to time.
<br /> Security Qnterest. Upon request by Lender, Trusior shall take whatever aciion is requesYed 6y Lender to per€ect
<br /> and continue Lender's security interest in #he Rents and Personal Praperty. In addition to recording this Deed of
<br /> Trust in ahe real property records, Lender may, at any time and without further authorization from Trustor, file
<br /> execuced counterparts, copies or reproductians of this �eed of Trust as a tinancing statement. Trustor shal[
<br /> reimburse Lender for aIl expenses incurred in perfecting or continuing this security interest. Upon default, Trustor
<br /> shal[ not remove, se�er or cietach ehe Personal Property from the Property. �lpon default, 7rustor s[�al� assemble
<br /> any Personal Property not affixed to the Property in a manner and at a place reasonably con�enient to Trustor and
<br /> Lender and make it available to Lender within ihree {3} days aFter receipt of written demand from Lender to the
<br /> eMeni permitted by app[icable Eaw.
<br /> Addresses. The mailing addresses o# �rustor ;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 ihe Uniform
<br /> Commercial Code) are as stated an the first page of this Deed of Trust.
<br /> FUR�HER A�SURANCES; A"k"'fORI�EY-IN-FACT. The fiollowing provisions relating to turther assurances and
<br /> attorney-in-fact are a part of this Deed of Trust:
<br /> Further Assurances. At any time, and from time to tirne, upon request of Lender, Trustor will make, execute and
<br /> deliver, or wil[ cause ta 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 6e, at such times and in such o#fices
<br /> and places as �.ender 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, i�the soEe opinion of Lender, be necessary or desirable in order to effectuate, complete,
<br /> perfect, continue, or preserve {1} Borrower's and Trustor's abligatinns under the Note, this Deed of Trust, and
<br /> ihe Retat�d Documents, and [2] the ]iens and security interests created by ihis Qeed of Trust on the Property,
<br /> whether now owned or hereafter acquired by Trustor. Unless pro�,ibited by law or Lender agrees to the contrary in
<br /> writing, Trustor sha[I reim6urse Lender fpr a[I costs and expenses incurred in connection with the matters referred
<br /> io in this paragraph.
<br /> Attorney-in-Fact. If Trustor faiEs to do any of the thEngs referred to in the preced9ng paragraph, Lender may do so
<br /> for and in the name of Trustor and at Trustor's expense. For such pvrposes, Trustor hereby irrevocably appaints
<br /> Lender 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 Lender's sole opinion, to accompGsh the matters referred to in
<br /> the preceding paragraph.
<br /> FULI. P�RFORMANC�. ]f Borrower and Trustor pay alf the Indebtedness, including without limitation all future
<br /> ad�ances, when due, and Trustor otherwise perforrns al[the obligations imposed upon Trustor under this Deed of Trust,
<br /> Lender sha�l execute and deliver to Trustee a request for full reconveyance and shall sxecute and deliver to Trustor
<br /> suiYab[e statements of termination of any financ':ng sYaYement on file eviden�ing Lender's security interesY in the Rents
<br /> and the Personal Property. Any recanveyance fee required by ]aw s[�al[ be paid by Trustor, if permitted hy applicabls
<br /> Iaw.
<br /> EVENTS OF ��EFAULT. Each of the following, a� Lender's option, shall constitute an Even# of Default under tf�is Deed
<br /> o�F Trust:
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