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2� 1 ���918
<br /> DEED �F TRUST
<br /> �C��tt�n ued� Page 4
<br /> praceeds fram �he insuran�e be�ame payable vn lass, the pr��isions in this Deed of T�ust#or d�vision a�proceeds
<br /> shaf�apply only�o�ha�parkion of�he proceeds nat payable to#he hafder of the Ex�st�ng Indebtedness.
<br /> LENDER'S EXPENDITURES. If Trustor fails �A} tv keep the Proper�y free of aF� taxes, liens, security inter�s�s,
<br /> encumbran�es, and other ciaims, (B} to provide any r�quired insurance on the Property, �C} to mak� repairs to the
<br /> Prope�y or�o comply with any obligation to ma�ntain Exis��ng lndeb�edness En good standing as �equired below, then
<br /> Lender may do so. If any action or proceeding is commen�ed that would materially affec� Lender's �nterests in #he
<br /> Praperty, �hen Lender an Trustor's behalf may, but is no� required �o, take any ac��on #hat Lender �elie�es ta be
<br /> appropriate to protect Lender's interests. Alf expenses incurred or paid by Lender for such purposes w€11 then bear
<br /> in�erest at the rate charged under the Credit Agreement from the date incurred or paid by Lender to #he date o�
<br /> repaymen# by Trustor. All such expenses wi�l become a part�'�th� lndebtedness and, a�Lender's option, will �A} be
<br /> payable on demand; �B} be added t� the balan�e of the �redit Agreement and be appartianed amang and �e payable
<br /> with any ins�allment payments to become due during e�ther �'�} the term ❑f any applicable �nsurance policy; �r ��} the
<br /> remain�ng #erm of the �redit Agreemen�; or {C} be treated as a bal�aon payment which w�il �e due and payabfe af the
<br /> Cr�dit Agreement's maturity. The Deed af Trus�a(sa wiff secure payment of these am�unts. The righ�s pr�vided for in
<br /> this paragraph sha1� be in add�tion to any o�her righ�s �r any remedies ta which Lender may be entitled on account of
<br /> any de�auft. Any such ac�ion by Lender shal� no� �e construed as curing th� default sa as fo ba� Lender from any
<br /> remedy#hat it o�hervuise wauld have had.
<br /> WARRANTY; DEFENSE QF TITLE. The faliowing provisions relat�ng to ownership of the Property are a part of this Deed
<br /> af Trust:
<br /> T'rtle. Trus�or warrants tha�: �a} Trustar hofds gaad and marketable t�tfe af recard to the Property in fee simple,
<br /> free and c�ear o�a11 liens and encumbrances oth��than fhose set forkh in the Rea! Property des�ription or in the
<br /> Exist�ng �ndeb�edness se��ion below or in any ti��e insu�ance pof icy, tifle repo�t, or final title opinion issued in favar
<br /> of, and accepted by, Lender in connection with this Deed of Trust, and (b}Trustor has the fulf right, power, and
<br /> authori�y to execute and defiver th is Deed of Trust�o Lender.
<br /> Defense of T�t�e. Sub�ect t❑ the exception in fhe paragraph ab�ve, Trustor warrants and wi�l forever defend the
<br /> title ta the Prop��ty against the lawfu� ciaims of al� persans. In the even�any action or prace�ding is commenced
<br /> �hat questions Trustor's fi�le or the in�erest of Trust�e or Lender under�his Deed o�Trust, Trustor shall defend the
<br /> action at Trus�or`s expense. Trustar may be the naminal party �n such �raceed�ng, bu� Lender sha�l be enti�led to
<br /> partic�pate in #he proceeding and to be �epresented in fhe proceeding by counsel of Lender`s own chQice, and
<br /> Trustar wi�l defi�er, ar cause�to be delivered, �o L�nder such �ns�rumen�s as Lender may request from t�me to time
<br /> to pe�mit su�h par�i�ipation.
<br /> C�m pliance 1Ni�h Laws. Trustor warrants that the Property and Trus�or's use o�ths Property comp�ies with all
<br /> existing appli�able laws, ardinances, and regulatians of ga�ernmen�af authorities.
<br /> 5urvi�a� vf Pramises. Afl promises, agreemen�s, and statemen�s Trus�or has made in this �eed of Trust sha�l
<br /> surv��e the exe�ut�on and de�i�ery fl��his Deed o�Trust, sha�l be continuing in nature and sha�l rema�n in fu�1�orce
<br /> and eff�ct until such time as Trus�or's Ind�btedness is paid in ful�.
<br /> EX�STING iNDEBTEDNESS. The follawing pravisians concerning Exis#ing lndebtedness are a part o�this Deed of Trust:
<br /> Existing Lien. The fi�n of this Deed ❑f Trus� securing �he indebtedness may be secondary and inferior to an
<br /> exis�ing lien. Trustar exp�-ess�y cavenants and agrees�o pay, or see�o the payment❑f, �he Existing lndebt�dness
<br /> and to preven�any defauft on such indebtedness, any default under the instrumen�s e�id�ncing such indebtedness,
<br /> �r any defau�t under any s�curity documents far such indeb�edness.
<br /> No Modification. Trustor sha1� not ent�r into any agreement with the holder of any mortgage, deed of�rus�, or
<br /> athe� security agreement which has priority �ver this Deed o� Trust by which #hat agreement is modified,
<br /> amended, extended, ar renewed withaut the pr�or writt�n consent of L�nder. Trustor sha�l neither request nar
<br /> accept any�u�ure advances under any such secur�ty agreement withou��he pr�or wr�tten consen�af Lender.
<br /> CQNDEMNATI�N. The fallvwing pro�isions rela�ing to Condemna�ian proceedings are a par�of this Deed af Trust:
<br /> Proceedings, I� any proceeding �n candemnation is filed, Trustar shaf! promptly not�fy Lender in wr�t�ng, and
<br /> Trus�or shafl promptiy tak� such s��ps as may be necessary t�defend the action and obtain the avua�d. Trustor
<br /> may be the nominal party in such p�oceeding, but Lender shafl be�ntitled to participate in#he proceeding and to be
<br /> represented in fhe proce�ding by counsel af its awn ch�ice, and Trustar wi11 deliver or cause to be de��vered to
<br /> Lender such instruments and documentativn as may be reques�ed by Lender from time to time to perm�� such
<br /> participation.
<br /> Appli�ation vf Ne�PrQceeds. �fi all or any pa�t of the Prop��y is condemned by eminent damain proceedings or by
<br /> any proceeding or purchase in fieu of condemnation, Lender may at its elec�ian require#hat all or any portion af the
<br /> net proceeds ❑f�he award �e appf�ed ta the Indebt�dness ar the repair or restara�ion of the Properky. The net
<br /> proceeds vf th�award shalf inean the avuard after payment af al! reasonable�osts, expenses, and attarneys' fees
<br /> incurred by Trustee o�Lender in connection with the condemnatifln.
<br /> II'�P�S�TI�N �F TAXES, FEES AND CHARGES BY G�VERNMENTAL AUTHflRiTIES. The�allowing provisions relat�ng
<br /> to gQvernmental taxes,fees and charges are a part of this Deed of Trust:
<br /> �urrent Taxes, Fees and Charges. Upon reques� by Lender, Trusfor sha�[ execute such documents in add�tian to
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