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2� 1 ����57
<br /> DEED �F TRUST
<br /> �ContEnued} Page 4
<br /> shal�appiy only'ta that portion of the proceeds not payable to the ho�der of the Existing lndeb#edness.
<br /> LENDER'S EXPENDIT�RES. lf Trusto� fails �A} ta keep the Prope�#y ��ee of a11 �axes, liens, securi�y interests,
<br /> enCumbran��s, and a�her claims, �B} to provide any required insuran�e on the Property, �C} tQ make repairs to the
<br /> Property or to comply wi�h any obiigation to ma�ntain Ex�sting �ndeb�edness in good stand�ng as requi�ed belovir, then
<br /> Lender may do so. lf any action or praceeding is G�mmenced tha�wauld ma��riafly affect Lender`s in�er�sts in �he
<br /> Property, then Lender on Trustor's beha�f may, but �s not required to, take any ac�ion #hat Lender believes to be
<br /> appropriate �o pratec� Lender's interests. All expenses incurred or paid by Lender for such purposes will fhen bear
<br /> interest at the rate charged under the �r�dit Agreement �rom the date incurred or paid by Lender to #he date af
<br /> repayment by Trustor. All su�h expenses will became a pa�t of#he indebtedness and, at L�nder's❑p�ian, will �A} be
<br /> payab�e on demand; tB} be added �o the balance of the Credit Ag�eement and be apportioned amang and be payable
<br /> wifh any installment payments to became due during e�ther �'�} the term of any applicable insurance pal�cy; ar (2} the
<br /> rema�ning term of the Credit Agreement; or �C} be trea�ed as a ba[loon payment which will be due and payahle at the
<br /> Gredit Agreement's matur�ty. The Deed of Trust also wi[I secure payment of these amounts. The righ�s pro�ided�or in
<br /> this paragraph sha�! be in addition to any other rights �r any remedies to which Lender may be enti��ed on account❑�
<br /> any default. Any such activn by L�nder sha�l no� be cflnst�ued as cur�ng the defau�t sa as fo bar Lender fr�m any
<br /> remedy�hat i�otherwise wauld ha�e had.
<br /> WARRANTY; DEFENSE�F TITLE. The�ol�owing pro�isions refa#ing to ownership af the Property are a part o�this Deed
<br /> of Trus�:
<br /> Tit�e. Trustor warrants�hat: (a} Trustor holds good and marketab�e titie ❑�recflrd to #he Prope�ty in fee simp�e,
<br /> free and clear of a![ �iens and en�umbrances other than those set forth in �h� Real Property descrip�ion or in the
<br /> Existing �ndeb�edness section be�ow or in any tit�e insurance pol�cy,title repor�, or final tit[e opinion issued �n favor
<br /> o�, and accepted by, Lender�n c�nnec�ion with this Deed o�T�us�, and �b} Trus�or has the full right, power, and
<br /> au�hority ta execu�e and deli�er this Deed o�Trust to Lender.
<br /> Defense o�Ti�le. Subject�o �h� exception in �he paragraph ab�ve, Trustor warrants and will fore�er defend th�
<br /> title to�he Property against the law�ul claims of a[1 persons. In the event any a��ion or praceeding is commenced
<br /> that questions Trus�or's title or�he interest of Trustee ar Lender under this Deed o�Trust, Trust�r shafl detend the
<br /> ac�ian at Trustor's expense. Trustor may be the naminal party in such proceeding, but Lender sha�l be entitled to
<br /> parti��pate in �he proceedin� and to he represen�ed in �he proceeding by counsel �� Lender's own chQice, and
<br /> Tr�ustor wi�l de�i�er, or�ause to be de�ivered, to Lender such ins�ruments as Lender may reques�from time to tim�
<br /> ta pe�mit such part�c�pation.
<br /> Comp�iance Vllith Laws. Trustor warran�s that the Property and Trusta�'s use of the Property complies wi�h all
<br /> existing applicable laws, ordinances, and regulati�ns of go�ernmental au�harities.
<br /> 5u�vi�a1 vf Pram ises. All promises, ag�eements, and statements Trustor has made in th is Deed o� Trust shal[
<br /> survi�e the execution and delivery o��his Deed of Trust, shall be cont�nuing in na�ure and sha[I remain in full�orce
<br /> and effect until such time as Trus�ar's lndebtedness is paid in fulf.
<br /> EXISTING INDEBTEDNESS. The following pro�isians�once�ning Exis��ng Indebtedness are a part o�'#his Deed af Trust:
<br /> Existing Lien. The lien ❑f this Deed of Trust securing the indebtedness may be secondary and infe�iQr to an
<br /> existing lien. Trusfior express�y covenants and agrees#o pay, or se��o the payment❑f, the Existing Endeb�edness
<br /> and to prevent any de�auft on such �ndebtedness, any default under the�nstrumen�s e�i�enc�ng such �ndebtedness,
<br /> ��any default under any secur�ty documents for such i�debtedness.
<br /> No Modification. Trustor shall nat enter into any agreement wi�h the holder o� any mo�tgage, deed o�trust, or
<br /> other security agreement which has priori�y o�er this Deed of Trust by which �hat agreement is modified,
<br /> amended, ext�nded, or r�newed withou� the prior written cansen� of Lender. Trustor shal! neither request nor
<br /> accep�any future advances under any such security agreement without the prio�written c�nsent of Lender.
<br /> G�NDEiVINATI�N. The following pro�isions rela�ing to c�ndemna�ion proceedings are a part of this Deed o�Trus�:
<br /> Prv�eedings. I� any proeeeding in condemnation �s fifed, Trustor shal� promptly no�ify Lende� in writing, and
<br /> Trustor sha�l promp�ly take such steps as may be ne�essary to defend �he action and ohtain the award. Trustor
<br /> may be the nomina!party in such proceed�ng, but Lender sha�l be entitled ta par�icipate in the proceeding and to be
<br /> repr�sen�ed in the p�oceeding by c�unsel vf i�s ❑wn choic�, and Trustor will del��er or cause t� be delive�ed ta
<br /> Lend�r such insfrumen�s and dacumentation as may be reques#ed by Lender �rom ��me �❑ time fio permit such
<br /> parkicipation.
<br /> App�ication of Net Praceeds, ��a�[or any pa�t of the Property is candemned by eminent domain proceedings or by
<br /> any proceeding or purchase in lieu o�candemnation, Lender may at its election require that al�or any portion of the
<br /> net praceeds af the award be appiied �o the lndebtedness or the repa�r or rest�ration of th� Prope�ty. The ne�
<br /> pr�ceeds afi�he avuard shal� mean the award after payment o'�all reasanabie costs, expenses, and at�orneys' fees
<br /> incu�red by Trustee ar Lender in conne�tion with the condemnation.
<br /> 111rIP�S[TI�N OF TAXES, FEES AND CHARGES BY��VERNNfENTAL A�TH�RITIES. The following provisions rela�ing
<br /> to go�ernmental�axes, �ees and�harges are a par�o�this ❑eed of Trus�:
<br /> Cu�rent Taxes, Fees and Charges. Upon �equesfi by Lender, Trustor sha[� execu�e such da�uments �n addi�ion t�
<br /> �his Deed of Trust and take wha�e�er other action is requested by Lender to perfec�and continue Lender`s fi�n on
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