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2� 1 ��� 175
<br /> DE�D �F TRL�ST
<br /> �Contlnued� Page 4
<br /> net proceeds of the award be app�ied fio the I ndebtedness or the repair or restorafiion of the Prvperty. Th� net
<br /> proceeds of the awa�d shall mean the award af�er payment of a11 reasanab[e costs, expenses, and attorneys' �ees
<br /> in�urred by Trustee�r Lender in c�nnectian with fihe candemnation.
<br /> �MPQS�T��N OF TAXES. FEES AtVD CHARGES BY GOVERNMENT►AL AUTHDRITIES. The following pr�visians rela�ing
<br /> tv ga�ernmental tax�s, fe�s and charges are a part�f this Deed afi Trust:
<br /> Currgnt Taxes, Fees and Charges. Upfln request by Lender, Trustar shall execute such dvcuments in a�fdi��an �o
<br /> this Deed of Trust and take wha�e�er other action is requested by Lender ta perfiect and cantinue Lender's �ien on
<br /> the Real Property. Trustar sha11 reimburse Lender fQr a[l taxes, as described below, tagether with all expenses
<br /> in�urred in recarding, perfec�ing ar continuing this Deed �f Trus�t, including without lim�tation all taxes, fees,
<br /> dacumentary stamps, and oth�r charges for recarding or registering this Deed of Trust.
<br /> Taxes. The fo�lowing sha�� constitute taxes to which this sec�tion applies: {1 y a specific tax upon this type o�r
<br /> Deed o�Trust or upan all or any par� of th� Indebtedness secured by this Deed af Trust; t2� a specific tax on
<br /> Trustor which Trustor is authorized or required ta deduct�rrom payments an the Indeb�edness s�cu�ed by this�ype
<br /> vf Deed of Trust; �3� a tax fln this type af Deed of Trust chargeable against the Lend�r or�he halder�f the Not�,
<br /> and �4} a specific tax on afl or any portion of fihe lndebtedne�s vr on payments �f principal and interest made by
<br /> Trustor.
<br /> 5ubsequent Taxes. I� any �ax to which �this se�ti�n applies is enacted subsequent to the date �f this Deed of
<br /> Trust, this e�ent shal� ha�e �he same efifiect as an E�ent of De�au�t, and Lender may exercise any or al� v� its
<br /> available remedies �ar an E�ent �f Defau�t as prv�ided belaw untess Trustor �ither ��} pays �he tax before it
<br /> becvmes delinquent, or {�f contests�he tax as proUided abo�+e in the Taxes and Liens sec�ion and deposi�s wi�h
<br /> Lender cash or a sufficient corpora�e surety band or other security satisfactory to Lender.
<br /> SECURlTY �lGREEMENT; F�NANCING STATEMEIVTS. The f�l�owing pravisi�ns rela�ing to #his Deed �f Trust as a
<br /> security agreement are a part o�this Deed��Trus�t:
<br /> 5�curifiy Agreement. Th'rs instrument shall canstitute a 5ecurity Agreement ta the extent any of th� Property
<br /> canstitutes �ixtures, and Lender sha�l ha�e al� of the rights of a secured party under the uni�orm �ammercia� Cflde
<br /> as amended firam tim�to�ime.
<br /> S�curity Interesfi. Upon reques� by Lender, Trustor shall take wha�e�er action is re�uested by Lender to perfect
<br />_ and continue L�nder's security interest in the Rents and Personal Property. �n addition ta recording this Deed o�
<br /> Trust in the real pro�er�y recards, Lender may, at any time and without further auth�rization �rram Trus��r, fi�e
<br /> executed counterparts, �opies or reproducti�ns o# this Deed o� Trus�t as a financing s�atement. Trustor shall
<br /> reimburse L�nder fo�a�� expenses incurred in perfecting or con�inuing �his security inter�st. Up�n default, Trustor
<br /> shall not remo�e, seWer or detach the Personal Prvperty �ram the Praperty. Upon default, Trustvr shail as�emble
<br /> any Personal Prop�rty not affix�d t�the Prvper�y in a manne� and at a place reasonably con�enient to Trustor and
<br /> Lender and make it a�ailable to Lender within �hree �3} days a€t�r re�eip� o� written demand from Lender to the
<br /> �x�ent permitted hy applicabl� law.
<br /> Addresses. The mailing addresses a# Trustor �debt�rf and Lender {se�ured partyy fram which in�formafiian
<br /> �oncerning the secur�ty interest �ranted by �his Deed of Trust may be obtained {�ach as required by �he Uni�vrm
<br /> Cvmmer�ial C�de� are as stated vn the�irst page of this Deed af Trust.
<br /> FURTHER ASSURANCES; ATT�RNEY-IN-FACT. The fallowing pra�is�ans relating �o further assuran�es and
<br /> attorney-inWfact are a part o�this De�d of Trus�:
<br /> Further Assurances, At any time, and �rom �im� �o time, upon request of Lender, Trus�or wif� make, execute and
<br />. deli�er, ar will cause to be mad�, execu�ed�r deli�ered, ta Lender ar to Lender's designee, and when requested hy
<br /> Lend�r, cause ta be filed, recorded, re�i��d, ar rerecorded, as the cass may be. at such �imes and in such offices
<br /> and p[aces as Lender may deem appropriate, any and all such rnortgages, deeds of trus�. security d�eds, security
<br /> agreements, �inancin� statements, continua�ion s�at�ments, ins�ruments of further assuran�e, certifi�a�es, and
<br /> o�her dvcuments as may, in the sole �pinion of L�nder, be necessary ar desirable in order�o ef#�ctuate, complete,
<br /> per�ect, continue, ar preser�e {1} Trus�or's ob�igations under the Note, this Deed of Trus�, and the Related
<br /> Documents. and t2} the liens and security interests created by this Dee� of Trust as first and prior liens on the
<br /> Property, whether now owned ar hereafiter acquir�d !�y Trus�or. Un��ss prohibited by law ar Lender ag�ees �o the
<br /> contrary in writing, Trustor shall reimburse Lender �ror all costs and expenses incurred in connecti�n ►rvith the
<br /> mat�e�s referred to in�his paragraph.
<br /> Attorney-�n-Fact. !f Trustor fiai[s to do any of�he things re�erred tv in the preceding paragraph, Lender may dv so
<br /> �vr and in the name of T�ustor and afi Trustor's expense. For su�h purpvses, Trustor hereby ir�e�ocably appoints
<br /> Lender as Trustor's attnrney-in-fact far the purpase��making, exscuting, deli�ering, fil�ng, recording, and do�ng all
<br /> vther things as may be necessary ar desirabie, in Lender's sol� apinion, to a�camplish the matters referred to in
<br /> the preceding paragraph.
<br /> FULL PERF�RMANCE. !�Trustor pays afl the lnde�tedness, including without limitation all fu�ture ad�ances, r►vhen du�,
<br /> �nd oxherwise performs a[l the oh�igatians imposed upon Trustar under �this Deeci o� Trust, Lender shall exe�ute and
<br /> de[i�er tv Trustee a request �ar full recon��yance and shall execute and deli�er to Trustor suitahle s�atemen�s of
<br /> �ermination of any financing statement an �ile e�idencing Lender's se�urity interest in the Rents and the Persana!
<br /> Property. Any recon�eyance�ee required by iaw sha[I be paid by Trustor, ��r permit�ed by applica�le lav►r.
<br /> EVENTS �F I]EFAULT. Each o�the fol�owing, a� Lender`s apt�on, shall constrtu�e an E�ent of De�au�� under this Deed
<br /> of Trus�:
<br /> Payment❑e�auit. Trus�or fails�o make any p�yment wh�n due under the lndebtedness.
<br /> Otner Defaults. Tru�tor fails to camply wi�h or to perfarm any other term, obliga�ion, covenan� o� condition
<br /> conta�ned in this Deed vf Trust ar in any o� the Re{a�ed Documents or to comp�y with ar �o perf�rm any term,
<br /> obligation, co�enant ar condition contained in any other agreement be�ween Lender and Trustor.
<br /> Cvmplias�ce Defau�t. Failure to comply wi�h any other �erm, �bf�gat'ron, co�enant or cflnditian contained in �his
<br /> De�d a�Trus�, the Note vr�n any ofi�he Related Dacuments.
<br /> Defau�t an�ther Paymen�s. Fai�ure of Trustor w�thin the�time r�quired hy this Deed of Trust to make any payment
<br /> far taxes ar insurance, or any ather payment necessary to pre�ent filing of vr ta ef�ect discharge af any l�en.
<br /> Defau[t an Favvr ofi Third Parties. Should Grantor default under any Ivan, ext�nsion of credit, security ag�eemen�,
<br /> purchase ar sales agreement, or any other agreement, in fa�or of any ather creditor or person that may ma��rially
<br /> a�r�re�t any o# Grantor's property or Grantvrgs abili�y to r�pay the fndebt�dness or Grantor's ability to perform
<br /> Grantor's obiiga�tions�nder this Deed o�Trust or any o�the Re�ated Documents.
<br /> Fa�se S�a�Qments. Any warranty, repr�senta�tion �r statement made or furnished �o Lender by Trustor or on
<br /> Trustor's b�half under�th�s Deed of Trust or the Related Documents �s false vr misleading in any materiaf respect,
<br /> either naw or at�the time made or#urnished or becames�a�se or misleading at any time thereafter.
<br /> Defectiv� Ca[lat�rali��#ion. This Deed of Trust or any vf the Rela�ed D�cuments ceas�s to be in fiu[l fiorce and
<br /> effect �including fai�ure af any collat�ral document �o create a valid and perfected se�urity �nter�s� or lien� at any
<br /> �ime and��r any reas�n.
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