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2� 17�2392
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<br /> DEEa �F TRUST
<br /> ��ontinuedj Pa9e 4
<br /> rnay be the nominal party in such proceeding, but Lende�shail be entitled to pariicipate in the proceed'+ng and tv he
<br /> represented in the p��ceeding hy counsel of its awn choice, and Trustar w�ll deliver or �ause tv be delivered tv
<br /> Lender such �nstruments and d�cumentation as ma� be requested by Lender from time to time t❑ permit such
<br /> participativn.
<br /> Appiic�tivn of Net Prv�eeds. I�ait or any part af the Property is condemned by eminent dor�nain prviceedtngs or t�y
<br /> any proceeding or purchase in fieu of condemnativn, Lender may at�ts electi�n�equire that a��❑r any portion ot th�
<br /> net proceeds af the award be applied to the I ndebtedness or the repair or rest�rativn af the Property. The net
<br /> proceeds af the award shail mean the award atter payment a#all reas�nahle casts, expenses, and at#�rneys' fees
<br /> incurred by Trus�ee vr Lender in cvnnectivn with the candemnation.
<br /> INIP�SITI�N flF TA�ES, FEES AN[3 CHARGES 6Y G�VERNMENTAL AUTH�RiTIES. The fallowing pro�isi�ns relating
<br /> to go�ernmental taxes,iees and charges are a part of this❑eed o#Trust:
<br /> Current Taxes, Fees and CharBes. [Jpan r�quest by Lender, Trustvr sha�l execute such dvcuments in addit�on tv
<br /> this Deed vf Trust and take whate�er❑ther action is requested by Lender to perfect and �ontinue Lender's lien on
<br /> the Real Property. Trustor shali reimburse Lender for a�� taxes, as described below, together with all expenses
<br /> incu�red in recording, perf�cting or Gvntinuing this Deed of Trust, including without limitation all taxes, fees,
<br /> documentary stamps, and other charges far recvrding or registering#his❑eed of Trust.
<br /> Taxes. The foilowing shal� cvnstitute taxes tv which this se�tion app�+es: �1 y a specific tax upvn this type of
<br /> Deed of Trust or upon a�1 vr any part of the Indebtedness secured by this De�d of Trust; t2) a speeific tax on
<br /> Trustor whi�h Trustor is authorized or required to deduct�ram payments on the Indebtedness se�ured hy this type
<br /> vf Deed af Trust; �3y a tax an this type of Deed❑f Trust�hargeahle against the Lender or the holder�f the Note;
<br /> and �4y a specific tax on all or any portivn vf the Indebtedness vr on payments of principa! and interest m�de by
<br /> Trustor,
<br /> Subsequent Taxes. If any tax ta which this section applies is enacted subsequent to the date of this Deed ❑f
<br /> Trust, this e�ent shall ha�e the same e�Tect as an E�ent af []efauit, and Lender may exercise any ar all of its
<br /> a�ailab�e rem�dies far an E�ent o# De€ault as pro�ided below unless Trustor either �1� pays the tex he�ore it
<br /> becames delinquent, or ��� cantests the tax as pro�ided aba�e in the Taxes and Liens section and deposits with
<br /> Lender cash or a sufficient corporate surety bvnd or other security s�tisfactory to Lender.
<br /> SECUR�TY AGF�EEMENT; FINANCING STATEMENTS. The fvllowing provisivns relating to this Deed of Trust as a
<br /> security agreement are a part❑�this Deed vf Trust:
<br /> 5ecur�ty Agre�ment. This instrument shall constitute a 5e�urity Agreement to the extent any of the Property
<br /> cvnstitutes tixtures, and Lender sh�l!ha�e a1f of the rights of a se�ured party under the Uniform Comrnercial�nde
<br /> as amended fram time to time.
<br /> Security Interest. Upon request by Lender, Trustar shall take whatever a�tian is requested by L�nder#❑ per�e�t
<br /> and continue Lende�'s secur+ty interest in the Rents and Pers�na� Pr�perty. In additian to re�ording this ❑eed v�
<br /> Trust in the r�al praperty reeords, Lender may, at any �ime and withou� further au#hori2atson from Trustvr, file �
<br /> execu�ed counterparts, cvpies or repraductians ❑f �his Deed vf Trust as a financing staternent. Trustor shall
<br /> re+rnburse Lender for all expenses incurred in perfecting ar�ontinuing this security tinterest. Upan de#au�t, Trustor
<br /> shali not remo�e, se►►er or detach the Personal P�operty firorn the Property, Upan dsfault, Trustvr shall assemble
<br /> any Persona! Prvperty nat affixed to the Property in a manner and at a place reasanably cvn�eni�nt tv Trus�or and
<br /> Lender and mak� it ��aitabl� to Lender within three {3f days after receipt a� written demand from L�nder to the
<br /> extent permitted by applicable law.
<br /> Addressas. The mailing addresses vf Trustvr �debtvr� and Lender �secured party� �rom which inforrnation
<br /> concerning the security interest granted by this Deed vf Trust rnay be o�tained �each as required by the Uniform
<br /> Comrnercial Codef are as stated an the first page of�his❑eed of Trust.
<br /> FUFiTHER ASSVRANCFS; ATT�RNEY-IN-FACT. The fallvwing prnvisions relating ta �urther assurances and
<br /> attvrney-in-fact are a part af this Deed vf Trust;
<br /> Further Assuran�es. At any �ime, and frorn time to time, upon request of Lender, Trustor will meke, execute and
<br /> deli��r, or will cause to he made,executed or deli�er�d,tv Lender ar to Lender's design�e, and►nrhen rsquested lay
<br /> Lende�, caus� to he filed, recorded, refiled, vr rerecarded, as the case may be, at such t�mes and in such o�tices
<br /> and places as Lender may deem appropriate� any and all su�h mvrtgages, deeds o#trust, se�urity deeds, security
<br /> agreernents, tinaneing statements, continuation staterrients, instrumsnts af further assurance, certificates, and
<br /> ❑ther docurnents�as rnay, in the sole opinion af Lender, be necessary or d�sirable in order to effectuate, cornpiete,
<br /> perfect, continue, ar preserWe �7 y Trustor's obligatians under the Natg, this Deed o# Trust. �nd the Related
<br /> Dvcuments, and ��� the liens and secu�ity interests �reated by this Deed of Trust as first and privr liens vn the
<br /> Prop�rty, whether now own�d or hereafter acquired by Trustor. Unless prohibited by 1aw vr Lender agre�s tv the
<br /> cantrary in writing, Trustor shal! reimburse Lender f�r all c�sts and expenses incu�red in connectian with the
<br /> matters referred to in this paragraph.
<br /> Attorney-in-Fact. 1f Trust�r#ails t❑do any of the things referred ta in the preceding paragraph, Lender rnay d❑ so
<br /> fvr and in the narn� of Trustor and at Trustor's expense. For such purpases, Trustor hereby irre�oGably appoints
<br /> Lender as Trustor's attvrney-in-fact fvr the pu�pose of making.exe�uting, deli�ering, �iling, recordin�, and dning a�l
<br /> o#her things as may b� necessary or desirable, in Lendsr's sole �pinian� #o a��omplish the matt�rs referred to in
<br /> the preceding paragraph.
<br /> FULL PERFQRMANCE. �f Trustor pays�ll the lndeiatedness, including withaut fimitation all future ad�ances, when due,
<br /> and vtherwis� perfvrms all the obligations imposed up�n Trustor under this �eed ofi Trust, Lender shal� exe�ute and
<br /> deli��r to Trustae a request for full recvn�eyance and shall execute and del+�er to Trusto�- suitab#e statements of
<br /> terminativn ofi any financing statement on fil� e�idencing Lender's se�urity interest in the Rents and the Personal
<br /> Property. Any r��anveyance fee required by!aw shall he paid by Trustor, if permitted by applicable law.
<br /> EVENTS OF �EFAULT. Each of the following, at Lender's aptivn, shal� �onstitute an E�ent of Default under#his ❑eed
<br /> of Trust:
<br /> peym�rrt De#ault. Trustar fails to make any payment when due under the Indebtedness.
<br /> 0#her Defeults. Trustar fails to camply with or to perforrn any ather term, ohligation, ca�enant �r �ondition
<br /> contained in this ❑eed of Trust or in any ❑f the Related Documents ar to cvrnply with ar #a perform any term,
<br /> abligat+on, cv�enanT�or candition contained in any other agreement between Lender and Trustor.
<br /> Cvmpliance Default. Failure t❑ comp�y with any vther term, obligatian, co►►enant vr condition contained in this
<br /> �esd�f Trust,the Nate or in any of th� Related Dv�uments.
<br /> De�ault on�ther Rayrr�ents. Failure of Trustor within the tirne required by this Deed o#Trust to make any paymen#
<br /> for taxes or�nsurance,or any other payment necessary to pre�ent filing of or ta effect dis�harge❑�any lien.
<br /> flefauft in Fa�or of Third P�rties, 5hauld Grantar default under any loan, ext�nsion of cr�ditr security agreement,
<br /> purchase or sales agreement, ar any other agreernent, in fa�vr of any other creditor or person that rnay materially
<br /> affect any o# Grantor's praperty ❑r Grantor's abiiity to repay the Indehtedness or Grantnr's ability to perForm
<br /> Grantor's obligatinns under this Deed vf Trust or any of the Related Dacurnents,
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