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2� 1 ��5477
<br /> aEEa �F TRusT
<br /> �Continued� Page 4
<br /> Appli��tion af Net Proceeds. I�all❑r any part of the Property is condemned by eminent domain proceedings vr by
<br /> any proceeding vr purchase in lieu of candemnation, Lender may at its electivn require that all or any partion of the
<br /> net prviceeds ❑f the award be applied tn the Indehtedness or the repair or restoration vf the Prvperty. The n�t
<br /> proce�ds of#he award shall mean �he award a�ter payment of all reasonable costs, expenses, and attorneys' fees
<br /> �n�urred by Trustee or Lender in cannection with the�ondemnation.
<br /> IMPflSITI�N �F TAXES, FEES AND CHARGES BY G�VERNMENTAL AUTH�RITIES. The #allawing pra►►is�ans relating
<br /> to go�ernmental taxes,fees and charges are a part of this Deed af Trust:
<br /> Current Taxes, Feas and Gha�ges. Upon request hy Lender, Trustor shall execute such dacuments in addition to
<br /> this Deed❑f Trust and take whate�er❑ther ac#ion is r�quested by Lender to perfect and continue Lender's lien on
<br /> the Real Property. Trustor shall reimburse Lender for all taxes, as described helow, together with all expenses
<br /> incurred in record'+ng, p�r#ec#ing or cvnt�nuing this ❑e�d ❑f Trust, including without limitation al! taxes, fees,
<br /> do�umen#ary stamps, and other�harg�s for recordtng or registering this Deed o#Trust.
<br /> Taxes. The following shall Gvnstitute taxes tv which th�s sectivn applies: {1 y a spec�fic �ax upon this type af
<br /> ❑eed of Trust or upvn all or any part ❑f the Indebtedness se�ured by this Deed af Trust; �2� a speGific tax on
<br /> Trustar which Trustor is auth�rized or requir�d to deduct from payments ❑n the Indebtedness se�ured by this type
<br /> af❑eed of Trust; (3f a tax vn this type of Deed of Trust chargeable against the Lender❑r the hoider vf the Note;
<br /> and �4� a specific tax vn all or any port�on of the Indebtedness or vn payments of principal and interest made by
<br /> Trustor.
<br /> Subsequent T�xes. If any tax to which this se�tion app�ies is enacted subsequent ta the date of this ❑eed of
<br /> Trust, this e�ent shal� ha�e the same effect as an E�ent of Default, and Lender may exer�ise any vr all vf its
<br /> e�ailable remsdies for an E�ent of Default as pro�ided below unless Trustar either �1� pays the tax before it
<br /> �ecomes dglinquent� or ��y contests the tax as pro�ided abo�e in�he Taxes and Liens sectivn and d�posits with
<br /> Lender cash v�a sufficient corporate sur��y bond or other security satisfactory to Lender.
<br /> SECURITY AGREEMENT; FINANGING STATEIVIENTS. The following pro�isions relating to this Deed of Trust as a
<br /> secut�ity agreement ar�a part of this aeed❑f Trust:
<br /> 5acurity AgreamsrYt. This instrument sha11 constitute a 5ecurity Agreem�nt to the extent any ❑f the Property
<br /> constitutes�ixtures, and Lender shall ha�e all of the rights af a secured party under the LJni�orm Cvmmercial Cade
<br /> es amended#rom time ta time.
<br /> 5ecurity lnteres#. Upvn requsst by Lender, Trustor shall take whate�er actian is requested by Lender to perfect
<br /> and continue Lender's security interest in the Rents and Personal Prap�rty. tn addition to recvrding this Deed vf
<br /> Trust in the real praperty records, Lender may, at any t�me and without further authorizatian from Trustar, file
<br /> executed counterparts, Gopi�s or reproductivns of this Deed of Trust as a financing statement. Trustvr shali
<br /> rgimburse Lender far all expenses incurred in perfecting vr continuing th�s security interest. LJpon de#ault, Trustor
<br /> sha�! not remove� se�er or detach the Personal Property #rom �he Property. Upon defauit, Trustor shail assemble
<br /> any Personal Prvperty n�t affixed to th� Praperty in a manner and at a place reasnnahly con�enient to T�ustor and
<br /> Lender and make it a�ailable to Lender within three t3y days after receipt of wr�tt�n demand from Lender tv the
<br /> extent permitted by applicable law.
<br /> Addressas. The mailing addresses of Trustor �debtory and Lender �secur�d partyy frvm which infarmation
<br /> conc�rning the security interest granted by �his ❑Qed of Trust may be �btained �each as r�quired by the Uniform
<br /> C�mmercial Code) are as stated on the first page of this Deed af Trust,
<br /> FURTHER ASSURANCES; ATT�RNEY-IN-FACT. The follawing pro�is'rans reiating to further assurances and
<br /> attorney-in-fact are a part of this Deed❑f Trust:
<br /> Further Assurancss. At any time, and �rom time tv time, upon request af Lender, Trustar will make, execu�e and
<br /> deli►rer, vr will cause to be made,executed or deli�ered, to Lender or to Lender's designee� and when requested hy
<br /> Lender, cause tv he filed, recorded, refi�ed, or rerecord�d, as the case may be, at such times and in such offi�es
<br /> and places as Lender may deem apprvpriate, any and all such mortgages, deeds of trust, security d�eds, security
<br /> agreements, finan�ing statements, cvntinuation statements, instruments vf �urther assuran�e� certificates, and
<br /> other documents as may, in the sofe opinivn�f Lender, be necessary or desirat�ie in ord�r ta sf�ectuate, cvmplete,
<br /> p�rf�ct. continue, or pceser�e 41� Trustor's �I�iigations und�r the Nvte. this aeed vf Trust, and the Related
<br /> Documents, and �2y the liens and se�ur�ty interests created by this Deed of Trust as first and priar iiens vn the
<br /> Property, whether naw �wned or herea�ter acquired by Trustor. Unless prohibited by !aw or Lend�r agr�es to the
<br /> c�ntrary in writing, Trustor shall reimhurse Lender for all �osts and �xpenses Encurred in connec�ian with the
<br /> matters referred#o in this paragraph.
<br /> Attorney-in-F��t. If Trustor fails to do any of th�things referred tv in the preced'+ng paragraph, Lender may do so
<br /> for and �n the name of Trustor and at T�ustor's expense. For such purpvses, Trustor hereby irre�acably appvints
<br /> Lender as Trustar's attorney-in-fact for the purpose of making, executing. deli�ering, �iling, recording, and d�ing all
<br /> other things as may be necessary ar desirable, in Lender's sole op�nivn, to accomplish the matters �e#erred tv in
<br /> the preced�ng peragraph.
<br /> FULL PERF�AMANCE. If Trustor pays all the Indehtedness, including withvut limitation a11 future ad�anc�s, when�ue,
<br /> and otherwise performs al1 the obligations �mposed upon Trustor under th�s Deed af Trust, Lend�r sha11 exe�ute and
<br /> deli�er to Trustee a request for f�'ll recon�eyance and shall execute and deli�er to Trust�r suitable statemen�s of
<br /> termination of any financing statement ❑n file e�idenc+ng Lender's security interest in the Rents and the Personal
<br /> Property. Any recon�eyan�e fee required by law shall be paid hy T�us�vr, if permitted by applicable lew.
<br /> EVENTS �F DEFAULT. Each of the fo�lawing, a# Lender's op#i�n, shal� constitute an E�ent o# Defau�t under thfs Deed
<br /> of Trust:
<br /> Peyment De#ault, Trustor fails t�make any payment when due under the Indebtedness.
<br /> �ther Drfaul#�. Trustar fails to �omply with or to perform any other term, vbligatian, co�enant or cond'+tian
<br /> conta�ned in this ❑�ed ❑# Trus# or in any of the Related Do�uments or to cvmply with vr to perfvrm any term,
<br /> obligativn, co�enant vr candition contained in any other agreement between Lender and Trustor.
<br /> Cvmplian�e DefauFt. Failu�re to camply with any other term, obligati�n, co�enant �r conditian cantained in this
<br /> ❑eed vf Trust, the Note vr in any of the Related []ocuments.
<br /> DsfauFt on�ther Payments. Fsilure af Trustor within the time required by this Deed�f Trust to make any payment
<br /> fvr taxes or insuran�e,or any other paymsnt necessary tv pre�ent#iling of or tv effect dis�harge vf any�ien.
<br /> Defau#t in Fa�vr of Third Partias. 5hould Grantor default under eny lvan, extensian of credit, security agreement,
<br /> purchase or saies agreement. or eny other ag�eement, in fa�ar of any❑ther�reditar or persvn that may materially
<br /> affect any vf Grantar's property or Grantor's ability to repay the Indebtedness �r Grantvr's ability ta perform
<br /> Grantor's ob�igations under this Deed vf Trust or any of the R�lated Documents.
<br /> False 5taten�tents. Any warranty, representativn vr statement made or furnished to Lender by Trustvr ar an
<br /> Trustor's behalf under this Deed af Trust or the Related Documents is false or mislead�ng in any material respe�t,
<br /> either naw or at the time mede or furnished ar becomes felse❑r misleading at any time thereafter.
<br /> Defecti�e Callateralization. This Deed ❑f Trust or any af the Related ❑�cuments ceases to be in fui� fvrce and
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