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2� 17�2391
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<br /> DEED []F �RUST
<br /> �Continued� Page �
<br /> may be the nominal party in such proceeding, but Lender shaii be entitled to participate in the proceeding and to be
<br /> represented in the proceeding by counsel of its own ct�o�ce. and Trustor will deli�er or cause ta be deli�ered ta
<br /> Lender such instruments and documentation as ma� be requested by Lender fram time to tim� ta permit suGh
<br /> participati�n.
<br /> Applicet�on o�Net Procesds. I�a�1 vr any part v#the Property is cvndemned by eminent domain proceedings or by
<br /> any prviceeding or pur�hase in iieu of cond�mnat�on, Lender may at its�lect�on require that all ar any portian of the
<br /> net proce�ds of the award be applied to the Indehtedness or the repair vr restoration of the Prvperty. The net
<br /> � pro�eeds❑#the award shall mean the award after payrnent�f all reasonahle costs, �xpenses, and at#orneys' #ees
<br /> incurred hy Trustee or Lender in connection with the condemnativn.
<br /> IMP�5ITIDN �F TA�CES. FEES AN� CHARGES BY G�VERNMENTAL AUTH�RITIES. The foll�wing pravisions relating
<br /> to go�ernmen�al taxes, fees and charges are a part�f this Deed of Trust:
<br /> Current Taxes. Fees and Charges. Upon request by Lender, Trustor sha4� execute su�h documents tn addition to
<br /> this ❑eed o#Trus# and take whate�er other a�tion is requested hy L�nder ta perfect and cantinue Lender's iien on
<br /> the Real Property, Trustor shall reimburse Lender for all taxes, as described h�lvw, tvgether with a#� expenses
<br /> in�urred in recvrding, perfecting or continuing this Deed vf Trust, in�luding w��h�ut limitation at� taxes, fees,
<br /> documentary starnps, and vther charges for r��ording vr registering this Deed v�Trust.
<br /> Taxes. The folivwing shal! canstitute taxes to whiGh this section app�ies: �1 f a spe�ifi� tax upon this type of
<br /> Deed ❑f Trust vr upvn all or any part of the Indebtedness secured by this Deed of Trust; �2� a specific tax vn
<br /> Borrowe�which Borrvwer is authorized or required �o deduct frvrn payments on the lndebtedness se�uted by this
<br /> type ot❑eed�t Trust; 43j a tax on this type ot Deed of Trust char�eahle against the Lender or ihe holder of the
<br /> Note; and ��� a spe�ific tax ❑n all or an� portinn of the Indebtedn�ss or on payrnents of princ�pal and interest
<br /> made hy Borrower.
<br /> �Subs�rquent Taxes, If any tax to which this section appiies is enacted suhsequent to the date ❑f this Deed of
<br /> Trust, this event shall ha�e the same effect as an E�ent ❑f Default, and Lend�r may �xercise any ❑� all of its
<br /> a�ailable remedies fvr an E�ent of Default as prv�rided below unless Trustor either [1� pays the tax before it
<br /> becomes delinquent, or (2� cvntests the tax as pro�ided abo�� in the Taxes and Liens section and deposits with
<br /> Lender cash or a su#ficient corpvrate surety bond vr other secur'rty satisfactory to Lendsr.
<br /> SECURITY AGREEIUIENT; FiNANCINC STATEMENTS. The #atfvwing pro�isians relating to this Deed of Trust �s a
<br /> se�urity agreement are a part of this Deed of Trust;
<br /> Security Agreem�nt. This instrument shall constitute a Security Agr�ement to the extent any of the Prop�rty
<br /> constitu#�s fixtures, and Lender shall ha�e ali af the rights❑f a secured party under the Un�form Cammercial Code
<br /> as amended fram time to time.
<br /> SA�uri#y IntArBSt. Upon reques� hy Lender. Trustvr shall take wha�e�er a�tion is requested by Lender to perfect
<br /> ar�d continue Lender's se�urity interest �n #he f�ents and Persvnal Rroper#y. In addition to recording this Dead vf
<br /> Trust in th� real property recards, Lend�r may, at any tirne and without further authorization fr�m Trus�arr file
<br /> executed c�unterparts, cvpies ar reproductions af this Deed v� Trust as a financ+ng statement. Trus#or shall
<br /> reimburse Lender#or all expenses incurred in perfecting or continuing #his security interest. Upon defeult, Trustor
<br /> shall not remo�e, se�er vr detach the Personal Property fram the Property. lJpon default. Trustar shall as5embl�
<br /> any Personal Prnperty nvt affixed tv the Praperty in a manner and at a place reasonably con�eni�nt ta Trustar and
<br /> Lender and make it available ta Lender within three �3� days after receipt of w��t#en dernand fr�m �.�nder to the
<br /> extent p�rmitted k�y appli�able law.
<br /> Addresses. The mailing addresses of Trustor �dehtar� and Lender [secured party� from which infarmation
<br /> concerning the security interest granted by this Deed vf Trust may be abtained �each as required by the L1ni�o�m
<br /> Cammercial Code� are as stated on the first page of this�eed of Trust.
<br /> FURTHER ASSURAIVCES; ATT�RNEY-IIV-FACT. The following pro�isions relating to �urther assur�nces end
<br /> attarney-in-fact are a part❑f this❑eed of Trust:
<br /> Furth�r Assur�nces. At any tim�, and from time tv time, upvn request of Lender, Trustor will make, exe�ute and
<br /> deli�er, ❑r will cause tfl be made,executed or deli�ered, to Lender ar to Lender's designee, and when requested by
<br /> Lender, cause t❑ be filed, re�flrded, refi�ed, or rerecorded, as the case may �e, a#such times end in sueh of#ices
<br /> and places as Lender may deem appropriat�, any and all such mvrtgages, deeds of trust, se�urity deeds, se�urity
<br /> agreements, financing statements, continuation statem�nts, +nstruments ❑� further assuran�e, certificates, and
<br /> other dv�uments as may, in the sole opinion of Lender, be ne�essary ar desirable in order to effectuete, c�mplete,
<br /> per#ect, continue, or preser�e �i) Barrower's and Trustor's obligations under the Nvte, this Dead o� T�ust, and
<br /> the Related ❑ocuments, and ��� the liens and seeurity interests created by this Desd of Trust as fi�st and pr�or
<br /> liens on the Property, whether now owned or hereafter acquired �y Trustor. Unless pr�hibited by law vr Lender
<br /> agr�es t❑th� cvntrary in writing, Trustor shall reirnburse Lender for all cvsts and expenses incurred in cannectivn
<br /> with the rnatters referred ta in this paragraph. �
<br /> At#vrney-in-Fa�t. If Trustor�ails tv d�any of the things referred tv in the prec�ding paragraph, Lender may do so
<br /> f�r and in the name vf Trustor and at Trustor's expense. For such purpases, Trustor hereby irre�v�ably appoints
<br /> Lender as Trustor's attorney-in-fact for th� purp�s�of making, executing, deli��ring, �iling, recarding, and doing all
<br /> other things as may be necessary or desirable, in Lender's sole op+ni�n, to ac�ornplish the matters referred to in
<br /> th�preced'+ng paragraph.
<br /> FULL PERF�RMANCE. If Borrower and Trustor pay all #he Indebtedness, includ�ng wi�hout limitation all futur�
<br /> ad�ances, when due, and Trusror atherwise pertvrms all the vb�igations imposed e�pon Trustar unde�this ❑eed vf Trust,
<br /> Lender shall execute and deli�er to Trustee a request f�r full �ec�n��yan�e and shall execute and de�i►►�r to Trustvr
<br /> suitable statements of termination of any finan�ing statement on #ile e��dencing Lender's sscurity int�rest in �the Rents
<br /> and the Personal Property. Any recon�eyance fee required by law shall be paid by Trustor, if perm�tted by �pplic�ble
<br /> law.
<br /> EVENTS �F �EFAI]LT. Each of the fvllowing, at Lender's optian, shall �onstitute an E��nt of Defeult under this Deed
<br /> vf Trust:
<br /> Paymant aatault. B�rrower tails to mak�any payment when due under the Indebtedness.
<br /> �ther Defaults. Barrower or Trustor fails t❑ camply with �r tv per�orm any nther term, obligation, cn�enant or
<br /> conditivn contained in this Desd af Trust or in any of the Related Dvcuments or ta c�mply with or tv perform any
<br /> term,vbligation, �o�enant vr condition�ontained in any other agreement betwe�n Lendsr and Borrowar or Trus#vr.
<br /> Compliance Default. Failure to �amply with any other term, vhligation, co�enant ar cvndition conteined in this
<br /> []eed of T�ust, the Note or in any of the Related Dacuments.
<br /> Default on�ther Payments. Failure af Trus#or within the time required by this Deed of Trust to make any payment
<br /> for taxes or insurance,or any�ther payment necessary to pre�ent filing of or ta effect discharge of any lien.
<br /> Default in Fa�vr of Third Parties. Shauld gorrower or any Grantor default under any Ivan� extensian af credit�
<br /> secu�ity agreement, purchase or sal�s agreement, or any other agreement, in fa�or vf any other creditor❑r person
<br /> that may materially affe�t any af Bvrrower's ar any Grantvr's property or Barrower's ebility tv repey the
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