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201404182
<br /> DE�D OF TRUST
<br /> Loan No: 1 1 1 1 292-3 [Continued) Page 4
<br /> amended, extended, or renewed withaut the prior written cansent of Lender. Trustor shall neither request nor
<br /> accept any futute advances under any such sec�rity agreement without the prior written consent of I.ender.
<br /> CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust:
<br /> Proceedings. If any proceeding in condemnation is filed, Trustor shall promptly notify Lender in writing, and
<br /> Trustor shaq promptly take such steps as may be necessary to defend the action and obtain the award. Trustor
<br /> may be the nominal party in such praceeding, but Lender shall be entitled to participate in the proceeding and to be
<br /> represented in the proceeding by counsel of its own choice, and Trustor will deliver or cause to 6e delivered to
<br /> Lender such instruments and documenYaYion as may be requested by Le�der from time to time to permit sucE�
<br /> participation.
<br /> Application of Net Proceeds. If all or any part of the Property is condemned by aminent domain proceedings or 6y
<br /> any proceeding or purchase in lieu of condemnation, Lender may at its efec#ipn require that all pr any portion o'f the
<br /> net proceeds of the award be appEied to the fndebtedness ar the repair or restaration of the Property. 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 /> lMPdSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORET[ES. The following provisians relating
<br /> to governmental taxes, fees and charges are a pari of this Daed of Trust:
<br /> Current Taxes, Fees and Chsrges. Upon request by Lender, Trustor shall execute such documents in addition to
<br /> this beed af Trust and take whatever other action is requested hy Lender to perfec# and can#inue Lender's lien on
<br /> the Real Property. Trustor shall reirrEburse Lender for all taxes, as described be[ow, together with all expenses
<br /> incurred in recording, perfecting ar continuing this Deed of Trust, induding without limitation all taxes, #ees,
<br /> documentary stamps, and other charges for recording or registering th9s Deed ofi Trust.
<br /> Taxes. The folEowing shall constitute taxes to which this section applies: {1) a specific tax upon this #ype of
<br /> Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; {21 a specific tax an
<br /> Borrower which Borrower is auYhorized or required to deduct from payments on the Inde6tedness secured 6y this
<br /> type of Deed of Trust; I3) a tax on this type of Deed of Trust chargeabla against the Lender or the holder of the
<br /> Note; and {4} a specific tax on all or eny portion of the Indehtedness or on payments of principal and interest
<br /> made by Borrawer.
<br /> Subsec�uent Taxes. If any tax to which fhis section applies is enacted subsequent to the date of this �eed of
<br /> Trust, this event shall ha�e the same effect as an Event of Default, and Lender may exercise any or aIl of its
<br /> a�ailahle remedies for an Event of Default as provided below unless Trus#ar either f7f pays the tax before it
<br /> becomes delinquent, or [21 contes#s #he tax as provided above in the Taxes and Liens section and deposi#s with
<br /> Lender cash ar a sufficient corporate surety bond or other security satisfactory to Lender.
<br /> SECURITY AGfiEEMENT; FINANGfl1�G STATE.MEl1fT5. The following pro�isions relating to this Deed of Trust as a
<br /> security agreement are a part of this �eed of Trust:
<br /> Securi#y Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property
<br /> constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uni#orm Commercial Code
<br /> as amended from time to time.
<br /> Security loterest. Upon request by Lender, Trustor shall take whatever aciion is requested by Lender to perfect
<br /> and continue Lender's security interest in Yhe Rents and Personal Property. 1n addition to record9ng 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 Deed of Trust as e financing s#a#ement. Trustor shall
<br /> reimburse Lender for all expenses incurred in perfecting or continuing #his security interest. Upon default, Trustar
<br /> shall not remove, sever or detach the Personal Property from the Property. Upon default, Trustor shall assemble
<br /> any Personal Property not affixed to the Property in a manner and at a place reasonably convenient Yo Trustor and
<br /> Lender and make it available to Lender within three {31 days after receipt of written demand from Lender to the
<br /> extent permitted by applical�le Iaw.
<br /> Addresses. The mailing addresses of Trustor {debtor) and Lender fsecured party) from which information
<br /> concerning the security interest granted by this Deed of Trust may be obtained (each as required by the Uniforrn
<br /> Commercial Code1 are as stated on the first page of this deed of Trus#.
<br /> FUR7HEEi ASSURANCES; ATTORI�EY-IN-FACT. The following provisions relating to further assurances and
<br /> attorney-in-facY are a part of this Deed of Trust:
<br /> Further Assurances. At any time, and from time to fime, upon requast 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 mey be, et such times and in such affices
<br /> and places as Lender rr�ay d�em appropriate, any and all such mortgages, deeds of trust, security deeds, sec�rity
<br /> agreements, financing statements, continuation statements, instruments of further assurance, certificates, and
<br /> other documents as may, in the sole opinion bf Lender, he necessary or desira6le in order to effectuate, complete,
<br /> perfect, continue, or preserve (1} Borrawer's and Trustor's obligations under the NoYe, ihis Deed of Trust, and
<br /> the RelaYed Dac�tments, and {2) the liens and security interests created by this �eed of Trust on the Property,
<br /> whether now owned or hereafter acquired by Trustor. Unless prohibited 6y law or Lender agrees to the contrary in
<br /> wriYing, Trustor shall reimburse Lender for all costs and expenses incurred in cpnnection with the matters referred
<br /> to in this paragraph.
<br /> Attorney-in-Fact. If Trustor #ails to do any of the things referred ta in the preceding paragraph, Lender may do so
<br /> for and in the name of Trustor and at Trustar's expense. For such purposes, 7rustor hereby irrevacabEy appoints
<br /> Lender as Trustor's attorney-in-fact for#he purpose of making, executing, deliuering, filing, recarding, and doing afl
<br /> other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in
<br /> the preceding paragraph.
<br /> FULL PERFORMANCE. If Borrower and Trustar pay all the Indebtedness, including without limitation alf future
<br /> advances, when due, and Trustor otherwise performs al1 the o6ligations imposed upon Trustor under this Deed of Trust,
<br /> Lender shall execute and deliver to Trustee a request for fiull reconveyance and shall execute and deliver to Tr�stor
<br /> suitable statements o#terminatian of any financing statement on file e�idencing Lender's security interest in the Rents
<br /> and the Personal Property. Any reco�veyance fee required by law shall be paid 6y Trustor, if permit#ed hy applicab[e
<br /> law.
<br /> EVENTS OF DEFAULT. Each of the fo[lowing, at Lender's option, shaEl constitute an E�ent of Default under this Deed
<br /> of Trust:
<br /> Payment Qefault. Borrower fails to make any payment when due under the Indebtedness.
<br /> Other Defauks. Bvrrvwer or Trustor fails to comply with or to perform any other term, obiigation, covenanC or
<br /> conditian contained in this beed of Trust or in any of the Related bocuments or to camply with or to per�orm any
<br /> Yerm, obligation, covenant or condition contained in any o#her agreement 6etween Lender and gorrower or Trustor.
<br /> Compliance Default. Failure io comply with any other term, obligation, covenant or condition contained in this
<br /> Deed of Trust, the No#e or in any of the Related 17acuments.
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