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201403955
<br /> QEED OF TRUST
<br /> Loan No: 33305'i757 (COntinued] Page 4
<br /> CQ[�DEMNATION. �he fol[owing provisions relating to condemnation proceedings are a part of this �leed of Trust:
<br /> Proceedings. If any proceeding in conderr�nation is filed, Trustor shalE pramptly notify Lender in writing, and
<br /> Trustor shall promptly take such steps as may E�e necessary to c€efend the action and o6tain 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 proceeding by counse[ of ':#s own choice, and Trustor will deliver or cause io be delivered to
<br /> Lender such 9nstruments and docurrtentation as may be requested by Lender from time to time to permit such
<br /> participation.
<br /> Application of Net 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 election require that al€ or any portion of the
<br /> net proceeds of the award be applied to the Indebtedness or the repair or restoratian of 'the Proper'ty. The net
<br /> proceeds of the award shall mean the award after payment of all reasonable costs, expenses, and attorneys' fees
<br /> incurred by Trustee or Lender in connection with the condemnation.
<br /> 11111POSITION OF�FAXES, FEES AND CHARGES 6Y GOVERNiVIEN7AL AUTHORITIES. The following pro�isions relating
<br /> to go�ernmental taxes,fees and charges are a part of this Qeed of Trust:
<br /> Current Taxes. Fees and Charges. Upan request by Lender, Trustor shall execute such documents in addition to
<br /> this Deed ot Trust and talce whatever other actian is requested hy Lender to perfect and cantinue Lender's lien on
<br /> the Real Property. Trustor sha11 reimburse Lender for al1 taxes, as described be[ow, together with all expenses
<br /> incurred in recording, perfecting or continuing this Deed of 7'rust, including without limitation afl 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 sectio� applies: {1] a specific tax upon this type of
<br /> Deed of Trust or upon ap or any part of the ]ndebtedness secured by this Deed of Trust; f2} a specific 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; f3) a tax on this type of �eed of Trust chargeable against the Lender or the holder of the Note;
<br /> and (4) a specific tax on all or ar�y portion ot the Indebtedness or on payments of principal and interest made by
<br /> Trustor.
<br /> Su6sequent Taxas_ If any tax to which this section applies is enacted subsequent to the date of this Deed of
<br /> 7rust, this event shall have the sarne e€�ect as an Event of Qefault, and Lender may exercise any or all of 'sts
<br /> availab[e remedies for an �vent of Default as pro�ided below unless Tr�stor either (1j pays tEte Cax before it
<br /> becomes definquent, or [2} contests the tax as provided above in the Taxes and Liens section and deposits with
<br /> Lender cash or a suf€icient corporate surety bond or other security satisfactory to Lender.
<br /> SECURITY AGR�EMENT; Fl1VA[�C1NG STATEMENTS. The following provisions relating to this Deed of Trust as a
<br /> secs�rity agreement are a part of this �eed af Trust:
<br /> Security Agreement. This instrument shal! constitute a Security Agraement to the extent any of the Property
<br /> constiFutes fixEures, and Lsnder shal] f�a�e al] of the rigE�ts of a secured party under the llniform Commercial Code
<br /> as amenc1ed#ram time to time.
<br /> Sec�[rity ]nterest. Upon request by Lender, Trustor shall take whate�er action is requested by Lender to perfect
<br /> and continue Lender's security interest in the Personal Property. In addition to recording this fleed of Trust in the
<br /> real property records, Lender may, at any time and withaut further authorization from Trustor, fife executed
<br /> counterparts, copies or reps'oductions of this Deed of Trust as a f'snancing statement. 3�rustqr sE�al] reimburse
<br /> Lender for al[ expenses incurred in perFecting or coniir�uing this secearity interest. Upon default, Trustor shall not
<br /> remove, sever or detach the Pessonal Prpperty from the Property. Upon defau]#, 7rustor shall asserr:ble any
<br /> Persona[ Property not affixed to the Property in a manner and at a place reasona6ly convenient to Trustor and
<br /> Lender and make ii available to Lender within three [3� days after receipt of written demand from Lender to the
<br /> extent permitted by applicable [aw.
<br /> Addresses. The mailing addresses of Trustor (debtora and Lender isecured party} from which information
<br /> concerning the security interest granted by this Deed of TrusE may be obtained (each as required by the Uniform
<br /> Commercial Code) are as stated on t[�e first page af this Deed of Trust.
<br /> FURTHER ASSURANCES; AT``ORflEEY-IN-FACT. 3he following provisions relating to further assurances and
<br /> attorney-in-fact are a part of this Deed of Trust:
<br /> Further p.ssurances. At any time, and from time to time, upon request of Lender, Trustar wil[ make, exec�te and
<br /> deliver, or will cause to 6e made, executed or delivered, ta Lender or to Lender's designee, and whers requested by
<br /> Lender, cause to be fiiled, recorded, refiled, or rerecorded, as the case may be, at seach times anr3 in such offices
<br /> and pfaces as Lender may deem appropriate, any and a€I 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 arder to effectuate, complete,
<br /> perfect, eontinue, or preserve {1) Trustor's obligations under the Note, this Qesd of Trust, and the ftelated
<br /> Rocume�ts, and {2} the [iens and security interests created by this Deed of Trust as first and prior liens on the
<br /> Property, whether naw owned or hereafter acquired by Trustor. Unless proh'sbited by law or Lender agrees to the
<br /> contrary in writing, Trustor s[�al[ reimburse Lender for al] costs and expenses ir�curred in cannectian with the
<br /> matters referred to in this paragraph.
<br /> Attorney-in-Fact. lf Trustor fails to do any of the things referred to in the preceding paragraph, Lender rrEey do so
<br /> for and in the name of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints
<br /> Lender as Trustor's attorney-in-fact for the purpose of making, executing, deli�ering, filing, recording, and doing all
<br /> other things as may be necessary or desirable, in Lender`s sole opinion, to accomplish the matters referred to in
<br /> the preceding paraqraph.
<br /> FULL PERFORMANC�. lf Trustor pays all the ]ndebtedness when due, and otheswise performs all the obligations
<br /> imposed upon Trustor under this Deed of Trust, Lender shatl execute and deliver to Trustee a requsst for fulf
<br /> reconveyance and shall execute artd deliver to Trustor suitable statements of termination of any financing statement on
<br /> file evidencing lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by iaw
<br /> sha{I be paid by Trustor, if permitted by applicable law.
<br /> EVENTS OF DEFAULT. A� Lender's option, l-rustor will be in de'fault under this ❑eed of Trust if any of the follawing
<br /> happen:
<br /> Payment Default. Trustor fai[s to ma[ce any payment when due under the Inde6tedness.
<br /> 6reak Other Promises. Trustor 6reaks any prorrtise made Ya Lender ar fails to perform pramptly at the time ant!
<br /> strictly in the rrsanner provided in this Deed of Trust or in any agreement related to this Deed of frust.
<br /> Comgliarnce Defa�lt. Failure to comp[y with any other term, obligation, co�enant or condition contained in this
<br /> Deed of Trust,the Note or in any of the Related Documents.
<br /> Defaul#mn Qther Payments. Failure of Trustor within Yhe time required by this Deed of Trust to make any payment
<br /> for taxes or i�surance, or any other payment necessary to prevent filing of or to effect discharge of any]ien.
<br /> Default im Fa�or of Third Parties. Should Grantor default under any loan, extension af credit, security agreement,
<br /> Purchase or sales agreement, or any other agreemer�t, in favor of any other creditor or person that may materially
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