Laserfiche WebLink
2� 17�2�88 <br /> � , <br /> r <br /> r <br /> i a <br /> DEED �F TRUST <br /> ���17t1r1u@d� Page 4 <br /> net proceeds vf the award he appl�ed to the #ndebtedness or the repair or restoration of the Praperty. The net <br /> praceeds of the award shal� mean#h� award af�ter payment of all reasona�le costs. exp�nses. and attvrneys' fees <br /> incurred hy Trus�ee❑r Lender�n cannection wi�h#he cvndemnation. <br /> IMPOSITI�IV �F TAxES, FEES AND CHAR�ES BY G�VERNMENTAL AUTH�RlTiES. The fvilvwing pro►►isions relating <br /> to g��ernm�ntal taxes, fees and charges are a par�vf�his Daed of Trust: <br /> Current Taxes. FQes and Charges. Upon request by Lender, Trustor shall execut� such dacuments in addition tn <br /> this Deed❑f Trust and take whate�er other action is requested by Lender to per�ect and continue Lender's lien on <br /> the Real Property. Trustor sheii reimburse Lender for all taxes� as described belaw, tog�ther w�th all expenses <br /> incurred in reearding, perfect�ng vr �ontinuing this ❑eed of Trust. including without limitativn all taxes, #ees. <br /> documentary stamps. and other charges for recording or regist�ring this Deed of Trus�t. <br /> Taxes. The fvllawing shall const�tute taxes to which this sec�ivn applies: �1� a speci�ic tax upon this type af <br /> Deed ofi Trust or upon all or any part �f the Indebtedness secured by this Deed of Trust; t2� a sp�c�fic tax on <br /> Trustor which Trustor is authorized or required t�d�duct frvm payments vn the Indebtedness secured by this type <br /> of Deed of TruSt; t3j a�ax on this type of Deed of T�ust�hargeab[e against the Lende�vr the holder of the Note: <br /> and �4} a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by <br /> Trustor. <br /> 5ubsequent Taxes. If any tax ta which this section applies is enacted subsequent ta the da�e vf �his Deed o# <br /> Trust, this e�ent shall ha�e the same e�fect as an E��nt of ❑efault, and Lender may exercise any or all of its <br /> a�ailable r�medies for an E�ent of ❑efault as pro�ided belaw uniess Trustor either �1} pays the tax before �t <br /> �scvmes delinquent, ar �2y contests the tax as prfl��ded abo�e in the Taxes and Liens section and depvsits with <br /> L�nder cash or a suf�icient�orparate surety bvnd ar vther se�urity satisfactvey to Lender. <br /> SECURITY AGREEMENT: FINANCING STATEMENTS. The foi�awing pro�isions relating t❑ this Deed of Trust as a <br /> security agreem�n�are a part o#this Deed of Trust: <br /> Security Agreement. This �nstrument shall cons�itute a Security Agreement to the extent any of #he Proper�y <br /> constitutes�ix�tures, and Lender shali ha►►e all of�he rights of a secur�d party under�he Unifarm Commerc�af Cvde <br /> as amended�rom time ta time. <br /> 5ecurity lnterest. Upvn request by L�nder, Trustor shall take whatever action �s requested by Lender to perfect <br /> and continue Lender's security interest in the Rents and P�rsonal Property. In additi�n to recording this Deed �� <br /> Trus� in 'the real property records, Lender may, at any time and withvut #urther authariza#ion from Trustor, fi�e <br /> executed caunte�parts, copies ❑r repr�du�tions a�F this Deed vf Trust as a financing s#atement. Trustor shall <br /> re�mhurse Lender for ali exp�nsss incurred in perfecting or continuing this security interest. Upon def�ult, Trustvr <br /> sha�l not remo�e. sever or detach the Persvnal Proper#y from th� Praperty. lJpon default� T�ustar shell asserr�ble <br /> any Personal Property not ef'Fixed to the Praperty in a manner and at a place r�asvnably con�enient�v Trustor and <br /> Lender and make it a►►ailable t❑ Lender within three �3� days aft�r receipt af written demand from Lender to the <br /> exten�permitted by applicable law. <br /> Addresses. The mailing addresses of Trustvr {deh�ary and Lender tsecured party� frvm which infvrma�ion <br /> cvncerning the security interest granted by �h�s Deed of Trust may he obtained �each as required by the Unifvrm <br /> Commercial Cvde� are as stated on the first page of this Deed o#Trust, <br /> FURTHER A55URaNCES; ATT�RNEY-IN,FACT. The fo�lvwing pra�isivns rglating to furthe� assurances and <br /> attorney-in-fact are a par#vf this Deed of Trust: <br /> Further Assurances. At any time, and from time to time, upan request of Lender, Trustor will make, execute and <br /> deli��r, vr wil!Cause to be made, executed vr deli�ered, tv Lender ar to Lender's d�signee,and when requ�s#ed by <br /> Lender, cause to be fi�ed, r�corded, refiled, ar rerecvrded, as the cas� may be, at such times and in such o#fices <br /> and places as Lender may deern apprapriate, any and alt such martgages, deeds of trust, secur�fy deads, sacurity <br /> agreements, finan�ing staxements, continuation statements, instruments of further assurance, certificates, and <br /> other documents as may, in the so�e apinion of Lender, be necessary or d�sirahle in order to effectuate, cvmp�ete, <br /> perfect, continue, or preser�e �1} Trustor's obligations under the Nvte. this Deed of T�rust, and the Re�ated <br /> Dvcuments, and �2} the liens and security interests created by this Deed of Trust as first and privr liens on the <br /> Property, whether nvw owned or hereaft�r ac�uir�d by Trustvr, Unl�ss prohibited by law or Lender agr�es to the <br /> cantrary in writing, Trustor shall reimburss Lender for all cvsts and expenses inGurred in connection with #he <br /> matters referred tv in th�s paragraph. <br /> Attorney-in-Fact. If Trusfiar fiails ta do any o�the things referred ta in the preceding paragraph, Lsnder may do so <br /> for and in the name �#Trustor and at Trustvr's expens�. Far such purposes, Trustor hereby i�re��cably appoints <br /> Lender as Trustor's att�rney-in-fact fo��he purpose of making, executing,delivering, #iling, recvrd�ng, and dving all <br /> vther things as may be ne�essary or desirable, in Lender's sole opinion, tv e�complish the matters referred to in <br /> the preceding paragraph. <br /> FULL PERF�RIIAAN�E. ��Trustor pays all the Indebtedness, includ�ng without limitatian a�� futur$ advances, when du�� <br /> and vtherwise perfvrms ail the vbligations impvsed upon Trustor under thfs beed of Trust, Lende� shalf ex�cute and <br /> deliver to Trustee a request for ful! recon�syance and sha1� executa and deli�er ta Trust�r suitable sta#emen�s of <br /> termination af any financing statement on file e�idencing Lender's s�curity interest in the Rants and the Persanal <br /> P�operty. Any recon�eyance fee required by law shalf b�paid hy Trustar, if permitted�y app�i�able law. <br /> EVEIVTS DF DEFAULT. Each af the fvllowing, at Lender's option. shai� constitute an E�ent of Uefault under this D�ed <br /> of Trust: <br /> Payment�efault. Trustvr fails ta make any payrnent when due und�r the �ndebtedness. <br /> �ther Defaults. Trustor fails to comply with or to p�rform any other terrn, obligation� cvvenant or condi�ion <br /> contained in this ❑eed vf Trust or in any of the Related Documents ar to compiy with ❑r ta par��rm any term, <br /> obiigation,�o�enant or condition contained in any❑ther agreement between Lender and Trustor, <br /> Comp�iance Default. Failure to compiy with any other �erm, obligation, co�enant or candition cvntain�d in this <br /> Deed of Trust,the Nvte or in any of the Related Dvcuments. <br /> Defau[t an�ther Payments. Failure of Trustvr within the time required by this Deed vf Trust to meke eny payment <br /> for taxes ar insuran�e, vr any other payment necessary to pre�ent fiiling of or to effect disch�arge v�any lien, <br /> Default in Fa�vr vf Third Parties. Should Grantvr default under any Ivan. extens�vn af credit, se�urity agre�ment� <br /> purchase ❑r sales agreement. or any other agr8ement, in fa�ar vf any other creditar or person tha�mey rnaterial�y <br /> a��ect any of Grantor's praperty or Grantor's abi�ity to repay the Indebtedness or Grantor's ab��ity to per��rm <br /> Grantor's obligati�ns under this Deed of Trust or any of the Related Documents. <br /> _ False St�tements. Any warranty, representat�ar� ❑� statemsnt made ar furnished t❑ Lender by 7rusxar �r on <br /> . Trustvr`s �ehalf under this�3eed af Trus�or the Relat�d Documents is false vr misleading �n �ny material respect, <br /> either nvw�r at the tirne made or furnished or becomes false vr rnisleading at any time th�reafter. <br /> Defecti�e Collatereliza#ion. This Deed vf Trust nr any ❑f the Reiated Dvcumsnts ceases ta be tn fuli force and <br /> ef#ect �including �ailure of any collateral �lvcument to create a �alid and perfec#ed security int�rest or lieny at any <br /> tim�and far any reason. <br />