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201504404
<br /> DEED OF TRUST
<br /> (Continued) Page 4
<br /> Trustor shall promptly take such steps as may be necessary to defend the :3ction anci obtain 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 counsel of its own choice, and Trustor will 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 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 all or any portion of the
<br /> net proceecls of the award be applied to the Indebtedness or the repair or restoration of the Property. The net
<br /> proceeds of the award shall mean the award after payment of all reasonable costs, ea;penses, and attorneys' fees
<br /> incurred by Trustee or Lender in connection with the condemnation.
<br /> IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL Al1THORITI!ES. The following provisions relating
<br /> to governmental taxes, fees and charges are a part of ihis Deed of Trust:
<br /> Current Taxes, Fees and Charges. Upon request by Lender, Trustor shall execute suich documents in addition to
<br /> this Deed of Trust and take whatever other action is requested by Lender to perfect aind eontinue Lender's lien on
<br /> the Real Property. Trustor shall reimburse Lender for all taxes, as describE;d below, together with all expenses
<br /> incurred in recording, perfecting or continuing this Deed of Trust, including withoi,it limitation all 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 section applies: 11) a specifiic tax upon this type of
<br /> Deed of Trust or upon all or any part of the Indebtedness secured by this i�eed of'1'rust; (2) a specific tax on
<br /> Trustor which Trustor is authorized or required to deduct from payments on the Inde6�edness secured by this type
<br /> of Deed of'Trust; (3) a tax on this type of Deed of Trust chargeable against the Lencler or the holder of the Note;
<br /> and (41 a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by
<br /> Trustor.
<br /> Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of
<br /> Trust, this event shall have the same effect as an Event of Default, and L.ender m�3y exercise any or all of its
<br /> available re7nedies for an Event of Default as provided below unless Trustor either (1) pays ihe tax before it
<br /> becomes delinquent, or (2) contests the tax as provided above in the Taxe:s and Liens section and deposits with
<br /> Lender cash�or a sufficient corporate surety bond or other security satisfactory to Lend�er.
<br /> SECURITY AGRI_EMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a
<br /> security agreement are a part of this Deed of Trust:
<br /> Security Ag�reement. 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 th�e Uniform Commercial Code
<br /> as amended from time to time.
<br /> Security Interest. Upon request by Lender, Trustor shall take whatever action is requested by Lender to perfect
<br /> and continue Lender's security interest in the Rents and Personal Property. In additic�n to recording this Deed of
<br /> Trust in the real property records, Lender may, at any time and without further auffhorization from Trustor, file
<br /> executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Trustor shall
<br /> reimburse Lender for all expenses incurred in perfecting or continuing this security int��rest. Upon default, Trustor
<br /> shall not remove, sever or detach the Personal Property from the Property. Upon defrault, Trustor shall assemble
<br /> any Personal Property not affixed to the Property in a manner and at a place reasonabliy convenient to Trustor and
<br /> Lender and make it available to Lender within three (3) days after 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) from which information
<br /> concerning the security interest granted by this Deed of Trust may be obtained (each as required by the Uniform
<br /> Commercial Code) are as stated on the first page of this Deed of Trust.
<br /> FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating i:o further assurances and
<br /> attorney-in-fact are a part of this Deed of Trust:
<br /> Further Assurances. At any time, and from time to time, upon request of Lender, Tn�stor will make, execute and
<br /> deliver,or will cause to be made,executed or delivered,to Lender or to Lender's desi�nee, and when requested by
<br /> Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at sur.;h times and in such offices
<br /> and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security
<br /> agreements, financing s#atements, continuation statements, instruments of further +3ssurance, 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 (1) Trustor's obligatio�s under the Note, this Deeci of Trust, and the Related
<br /> Documents, and (2) the liens and security interests created by this Deed of Trust as first and prior liens on the
<br /> Property, whether now owned or hereafter acquired by Trustor. Unless prohiibited by law or Lender agrees to the
<br /> contrary in writing, Trustor shall reimburse Lender for all costs and experises incurred in connection with the
<br /> matters referred to in this paragraph.
<br /> Attorney-in-Fact. If Trustor fails to do any of the things referred to in the preceding K�aragraph, Lender may 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, delivering,filing, recording, and doing all
<br /> other things as may be necessary or desirable, in Lender's sole opinion, to +�ccomplish the matters referred to in
<br /> the preceding paragraph.
<br /> FULL PERFOHMANCE. If Trustor pays all the Indebtedness, including without limitation all future advances, when due,
<br /> and otherwise p�erforms all the obligations imposed upon Trustor under this Dee�� of Truut, Lender shall execute and
<br /> deliver to Trustee a request for full reconveyance and shall execute and deliver to Trustor suitable statements of
<br /> termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal
<br /> Property. Any reconveyance fee required by law shall be paid by Trustor, if permitted by applicable law.
<br /> EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute: an Event of Default under this Deed
<br /> of Trust:
<br /> Payment Default. Trustor fails to make any payment when due under the Indebtednes<,:.
<br /> Other Defaults. Trustor fails to comply with or to perform any other term, obligation, covenant or condition
<br /> contained iri this Deed of Trust or in any of the Related Documents or to comply with or to perform any term,
<br /> obligation,covenant or condition contained in any other agreement between Lender anr.l Trustor.
<br /> Compliance Default. Failure to comply with any other term, obligation, cowenant or condition contained in this
<br /> Deed of Trust,the Note or in any of the Related Documents.
<br /> Defauh on Uther Payments. Failure of Trustor within the time required by this Deed o�f Trust to make any payment
<br /> for taxes or insurance,or any other payment necessary to prevent filing of or to effect discharge of any lien.
<br /> Default in Favor of Third Parties. Should Grantor default under any loan, ext:ension ofi'credit, security agreement,
<br /> purchase or sales agreement, or any other agreement, in favor of any other creditor o�r person that may materially
<br /> affect any �of Grantor's property or Grantor's ability to repay the Indebteciness or Grantor's ability to perform
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