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2� 1 ��37��
<br /> DEED �F TRUST
<br /> �Cantin ued� P��e �
<br /> parti�ipatian.
<br /> Applicatian of Net Procseds. �f all or any part af#he Property i$cand�mn�d !ay eminent domain praceedings�r �y
<br /> any praceeding or purchase in lieu�f condemnatian, Lender may at its ele�tian require that ai�vr any portivn o#the
<br /> net pra�eeds af the award be applied t4 the indebtedness or the repair or restoration af the Praperty. The net
<br /> prviceeds of the award shall m�an th� award after �a�ment�f all reasonable costs, expenses, and attorneys' fe�s
<br /> in�urred by Trustee or L�nder in cannectian with the�vndemnat�an.
<br /> IMR�SITIC3N �F TA�CES, FEES AND CHARGES BY G�VERNMENTAL AUTH�RITIES. The fallowin� pro�isions reEating
<br /> ta ga�ernmental taxes, fees and charges are a part o#this aeed af Trust:
<br /> Curr�nt Taxes. Fees and �harges. Upon request by Lender, Trustar shall ex�cute such documents �n addition ta
<br /> this D�ed of Trust and tak� whate��r ather action is r�qu�sted �y Lender to per�ect and cantinue Lender's lien on
<br /> the Real Property. Tru�tar shall reimburse Lende� for all taxes, as described belaw, to�ether with all exper�ses
<br /> incurred in recording, perfectin� vr continuing this Deed vt Trust, including withaut iimitation all taxes, �ees.
<br /> dacumentary sxamps,and ather charg�s for recor�in�or registering this Deed of Trust.
<br /> Taxes. The fallawin� shall �anstitute taxes ta which this s��ti�n applies: �1� a sp�cific tax upon this type af
<br /> asgd �f Trust ar up�n a�l or any part of the Ind�btedness secured by this C]eed vf Trust; [�f a specific tax vn
<br /> Trustor which Truscar is authoriied or required to deduct fram payments on the �ndebtedness secured by this type
<br /> vf Deed�f Trust. {3} a tax an this type of Deed of Trust chargeable against the Lender vr the holder af the Not�;
<br /> and �4} a specific tax on alf�r any partian Qf the kndebt��ness or an payments of principal and inter�st made by
<br /> Trustvr.
<br /> 5ubsequent Taxes, If any tax to which this se�t�on appli�s is enac�ed subsequent ta the d�te of this D�ed of
<br /> Trust, this euent shall h��e the same eff�Gt as an Event of Def�ult, and Lender may exercise any �r all of fts
<br /> ava�lable remedies for an E�ent of Default as pro�ided helvw unIB5S Trustor either {1} pays the t�x h�#are it
<br /> becomes delinquent, or �2f c�ntest�the t�x as �rovid�d abav� in the Taxes and Liens sectian and depasits with
<br /> Lender cash ar a sufficient corporate surety bond or o�her se�urity satisfac#ory ta Lender.
<br /> SECURITY AGREEMENT; FINANCING STATEMENTS. The f�llowing prar�isions relating to this D�ed of Trust as a
<br /> se�uri#y agreement are a part af this Deed of Trust:
<br /> S��urity Agreement. This instrumant shall constitute a Security Agreement t❑ the �xtent any �f the �roperty
<br /> �an$titutes fixtures, and Lender shall ha�e all af the rights of a secured party under th� Uniform C�mm�rc+al Cflde
<br /> as amended fr�m time to tim�.
<br /> Security Int�r�st. Upon request by Lender, Trustar shall take whate�er actian is requested by Lender to perf�ct
<br /> and ��ntinue Lender's se�urity inter�st in the Rents and P�rsonal Property. In addition to recording thi� Deed o�
<br /> Trust in th� real prvperty reGor�ls, Lender may, at any time and without fur#her authari�atian fram Trustor, fil�
<br /> ��c�cuted cQunierparis, C4pIE5 or reproduGtions af this ❑�ed of Trust as a financing statem�nt. Trustnr shall
<br /> reimburse Lender far all expenses incurred in perfe�ting or c�ntinuir�g this s�curity �n#erest. Upon de�aul#, Trus#�r
<br /> shail not rema�e, se�er ar d�tach the Personal Praperty �rom the Property. UpQn �efaUlt� Trusto�shall assembl�
<br /> any Rersanal Property not affixeci to the Property in a manner and at a place reasonahlY can�enient t�Trustar and
<br /> Lender and make it a�ailable ta Lender within three �3y days after receipt of writter� demand from Lend�r ta th�
<br /> extent permi##ed by applicable law.
<br /> Addresses. The mailin� addresses af Trustor �d�btar] and Lender �secured party} �rom which inf�rmet�on
<br /> c�ncerning the security interes� �ranted by this Deed of Trust may !ae obtained (eaGh as requ�red by the Uniforrn
<br /> �ammercial Code� are as stated an the first�age of this aeed af Trust.
<br /> FURTHER ASSURAhICES: ATT�RNEY-IN-FA�T. Th� 1�ollowing pro�isions relating to further a$sur�nces and
<br /> attorn�y-in-fact ar�a par#of this Deed of Trust:
<br /> Further Assurances. At any time, and fram time to time, upan request of Lender, TruSt4r will m�ke, exe�ute end
<br /> deliver, �r will caus�to b�m�d�,execut�d or deli�ered, to Lender or xo Lender's designee, and when requ�sted by
<br /> L�nder, cause to be iiled, r��orded, refiled, or rere�orded, as the case may �e, at suGh times Sn� in suGh affices
<br /> and places as Lender m�� d��m appropriate, any an� all such mortgages, deeds of trust, se�urity tleeds, security
<br /> agreements, financing stat�ments, �ontinuatian statements, ins#ruments af further assurance, �ertificates, arrd
<br /> oth�r documents as may, in the s�le vpinivn of Lender, be r�e��ssary ar desirable in order tv ef�e�tuste, compl�te,
<br /> perfect, continue, or preserWe t1� Trustar's abligations under the Note, this a�ed �f Trust, �nd the Related
<br /> aocuments, and ��f the li�ns and securiiy interests cr�at�d by this Deed of TrUst as first and prior liens on the
<br /> Praperty, whether naw �wned ar hereafter acquired hy Trustvr. Unless prohibited by law or Lender agrees to the
<br /> contrary in writing, Trust�r shall reimburse Lender #Q� a1� c�sEs and expens�s incurr�d in �vnne�tion with the
<br /> matters referred ta in this para�raph.
<br /> A##�rney-in-F�ct. If Trustor fails ta do any of th� things referred to in the preceding paragr�ph, Lender may da sa
<br /> f�r and in the name a�Trustor and at Trusior's expen�e. For such purposes, Trustvr hereby irrevoG�bly sppaints
<br /> Lender a�Trustor's attorney-in-fact far th� purpase af makiny, �x�Cuting, deli�ering, fiEing, r�Gording, and daing all
<br /> other things as may be neC$ssary or desirable, in Lend�r's sQl� Qpinion, t4 ac�omplish the matters re�arred to in
<br /> ths prec�ding paragraph.
<br /> FULL PERF�RIIAAIVCE. If Trust�r pays all the Indebtedness, in�luding without limitation a11 future ad�ances, when due,
<br /> and otherwise perforrns all th� Qbligatians irnpased upon Trustor und�r this {3eed af Trust, Lende� sha�i execute and
<br /> d�liver t� Truste� a request for fiufl recvnveyance and shal! execute and deliver ta Trustar �uitable statem�nts of
<br /> t�rminati�n of any financing statemer�t on file e�idencing Lender's s�curity irrterest in the �t�nts and the Personal
<br /> Pr�perty. Any reconveyance fee required by law shall he paid by Trustar, if permitted by applicable I�w,
<br /> EIIENTS �F DEFAULT. Each of thQ following, at Lender's optior�, shail ��nstitute an Even#vf []�feult under tl�is O�ed
<br /> vf Trust:
<br /> Payrnent Default. Trustor f�ils to mal�e any payment w�en due under the�nd�t�tednes�.
<br /> Dther Defaul#s. Trust�r fails to c�mply with �r t� perfarm any other #erm, abligation, �Qvenant ar �anditian
<br /> c�ntained in this Deed af Trust or in any of the Related Documents or �� campl� with or t4 perform any term,
<br /> obligation, Ga�enant ar condition cantained in any vther agreernent be#ween Lender and Trustor.
<br /> Compliance Default. Failure to comply with any other term, abliyatian, cauenant ar �onditian conta+ned in this
<br /> D�ed of Trust,th�Note ar in any af the Related Documents.
<br /> Qefaui#an Dth�r Payrnents. Failure�f Trustar within the time required by thi�D�ed of Trust to make eny payment
<br /> far taxes�r insurance, ��any othe�payrnent n�cessary ta pr��ent filing af or to�ffect discharge of any lien.
<br /> Defsult in Fa�ar of Third Parties. S�oUld Grantor default under any laan, extensi�n ��cr�dit, s�curity agreement,
<br /> purchas�vr sales agreement, or any ather agreernent, in favor�f any other creditar ar p�rson th$# m�y materially
<br /> affect any of Grantar's praperty or Grantor's ability to repay the Indebtedness or Grantar's �bility to perf4rm
<br /> Grantar's obligations under this Deed of Trusi ar any of the Related Documents.
<br /> Fai�e Statements. Any warranty, representation or stat�ment rnade ar furnished to Lender by Trustar or on
<br /> Trustar's behalf under this Deed af Trust vc the Related D�cuments is false ar misleading in any meterial resp��t,
<br /> either now or at the time made or furnished or becomes false�r misl�ading at any time th��r�after.
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