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2� 17� 19�8
<br /> DEED �]F TRUST
<br /> ���rlt�nued] Page 4
<br /> LEN�]ER'S EXPENDITIlRES. If Trusto� fa�ls �A} to keep the Property free of al! taxes, liens, security int�res#s,
<br /> encum�a�ances, and o�her c�aims, {B} to pro�ide any required �nsurance on the Proper�y, {C} �o make repairs to �he
<br /> Property or to comp�y ►►vith any ob�iga�ian to maEn#ain Exis��ng lndeb�edness in good standing as required below, then
<br /> Lender may do so. If any act�on or proce�ding is eommenced tha�wnu[d materiaily affec# Lender's interests in the
<br /> Proper�y, then Lender on Trustor`s behaif may, but is not required #o, take any action that Lender be�ieves to he
<br /> appropriate tv prafiec� Lender's interests. A�I expenses incurred or paid by Lender for such purposes wil� then bear
<br /> in�erest at the rate charged under the Credit Agreement ��am the date incurred or paid by Lender to the date of
<br /> repayment by Trustor. A�I such expenses wil� become a part o�'the �ndebtedness and, at Lender's option, wil� {A} be
<br /> payable on demand; �B} be added to the balance of the Credit Ag�eement and be apparkioned amang and he payable
<br /> vuith any installment payments to become due during e�ther ��} the term of any appl�cable insurance policy; or t2} the
<br /> remaining term of the Credit Agreemen�; o� {�} be trea#ed as a ballaon payment which wil� be due and payable af the
<br /> Credi#Agreement's maturity. The aeed of Trust a�sv will secure paymen#of these amounfs. The rights pro�ided fior in
<br /> �his pa�agraph shal� be in addi�ion to any other righfis or any remedies�o which Lender may be entitied on account of
<br /> any default. Any such ac�ion by Lender sha�l not be construed as curing the defau�t so as to bar Lender from any
<br /> remedy that it o�herwise would ha�e had.
<br /> 1NARRANTY; DEFENSE�F T1TLE. The�ollowing pro��sions reiating tv ownership of the Property are a part of this D�ed
<br /> vf Trust:
<br /> Tit�e. Trusto�warrants tha#: �a} Trustor hvids good and marketable title of record to the Property in fee simple,
<br /> ��ee and clear of al� liens and encumbrances a�her than those sef farth in the Real Property descr�ption o� in the
<br /> Exist�ng Indebtedness section below or in any title insurance policy, #i��e repo�#, or finai title opinion issued in fa�or
<br /> of, and accepted by, Lender in connection with this Deed af Trust, and �b} Trus�or has�he fu11 right, power, and
<br /> authority t�execute and deliWer this Deed af Trust to Lender.
<br /> Defense of Tit[e. 5ubject to the ex�ept�on in �he paragraph abo�e, T�us#or warrants and w�l[ fore�er defend the
<br /> ti#le to the Proper�y against the law�u� claims o�all persons. ln the event any ac�ion vr praceeding is commenc�d
<br /> that questians Trusfor's title or the interes#of Trus�ee or Lender under th�s Deed of Trust, Trus�or sha!!defend the
<br /> actian at Trus�or's expense. Trus�or may be the nominal party [n such proceeding, but Lender shall be enti�led to
<br /> participafe in the proceeding and to be rep�esent�d in the praceeding by counse! of Lender's own chvice, and
<br /> Trustor wil[ deliver, or cause to be deli�ered, to Lender such instrumen#s as Lender may reques#�rvm #ime to#ime
<br /> to permi�such pa�ticipation.
<br /> Compl'rance Vllith Laws. Trustor wa�ran�s �hat the Proper#y and Trustor's use o� #he Property complies wifih a11
<br /> existing app[icable�aws, ordinances, and regu[ations of ga�ernmenta�au�horities.
<br /> 5urvi�a� o� Pramises, All prom�ses, agreements, and statements Trustar has mad� �n this [3eed of Trust shail
<br /> survive the execution and de�i�ery of this Deed af Trust, shall �e confinu�ng in nature and sha11 remain in full force
<br /> and effect until such�ime as Trustor's Indebtedness is paid in fu�l.
<br /> EXISTlNG INDEBTEDNESS. The following p�o�isions concerning Existing [ndebtedness are a part�f this D�ed of Trust:
<br /> Existing Lien. The lien of this Deed of Trust secur�ng the Indebtedness may be secondary and infe�ior to an
<br /> existing lien. Trus�or expressly co�enanfs and agrees to pay, ar see to the payment of, the Exist[ng Indebtedness
<br /> and�o prevent any defauit on such indebtedness, any default under the instruments e�idencing such indebt�dness,
<br /> nr any default und�r any secu�ity documents for such indeb�edness.
<br /> No 11Jladification. Trus#or sha�l not enter into any agreement with the hofder af any mortgage, deed of trust, or
<br /> oth�� security agreemen� which has priority over this Deed of Trust by which that agreement is modified,
<br /> amended, extended, vr renewed with�ut #he prior writt�n consenf vf Lender. T�ustor sha�� neither request nor
<br /> accep�any�uture advances under any su�h security agreement withaut�he prior written consent vf Lender.
<br /> ��N�EIVINAT��N. The�ollow�ng provisions relating to condemnation proceedings a�e a part af this Deed of Trus�:
<br /> Proceedings. I� any proc�eding in condemnat�on is fi{ed, Trustor shaIl promptly n�tify Lender in wr��ing, and
<br /> Trustar shal� pramptly tak� such steps as may be necessary to defend #he action and obtain the award. Trustor
<br /> may be#he nominal party in such proceed�ng, buf Lender sha�l be entitled to participate in�he proceeding and to be
<br /> represented in the proc�eding by counsel of its own chaice, and Trustor wil� deliver or cause to be deli�ered to
<br /> Lender such ins#ruments and documen�ation as may �e requested by Lender from fime to t�m� ta p�rmit such
<br /> participat�on.
<br /> App�icafiion a�Net Praceeds. If a{! �r any pa�t of#he Proper�y is condemned by em�nent domain prace�d�ngs or by
<br /> any proceeding or purchase in lieu of condemnatian, Lender may at i�s elec�ion require�ha�a!� or any portian of�h�
<br /> net proceeds af the award be appl�ed �o fhe Indebtedness or the repair or restoration vf the Praper�y. The net
<br /> proceeds of the award shal� mean the award after payment n�a�l reasonabl� casts, expenses, and attorneys' fees
<br /> incurred by T�ustee or Lender in cvnnection with the con�emnati�n.
<br /> IMPOSITI�N �F TAXES, FEES AND CHARGES BY G�VERNMENTAL AUTH�RITIES. The following pro�isions reiating
<br /> to gavernmental taxes, fees and charges are a par�v�th�s Deed vf Trus�:
<br /> Cur�ent Taxes, Fees and Charges. Upon request by Lender, Trustor shail execute such documents in addi�ion to
<br /> this Deed of Trust and �ake whate�er other ac#ion is requested by Lender tv per�ect and continue Lender's [ien on
<br /> the Real Prvperty. Trusfior shall reimburse Lender for all taxes, as described below, together with a�l expenses
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