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2� 17�2791
<br /> �EED �F TRUST
<br /> {Ct7ntinued� Pag� 4
<br /> parti�ipation.
<br /> Appii�ation of Ne� Proceeds. If af� ❑r any part of the Proper�y is condemned by eminent domain proceedings or �y
<br /> any prv�eeding or purchase in �ieu vfi condemna�ivn, Lender may at its election �equire that all or any partion o�the
<br /> net prviceeds of the awa�d be applied t❑ �he Indebtedness or fihe repa�r or r�storation of �he Proper��. The net
<br /> pra�eeds vf the award shall mean the award after payment o�a(f reasonahle costs, �xpenses, and atto�neys' fees
<br /> �ncurred by Trustee vr Lender in connection with the condemnation.
<br /> IMP�SITI�N �F TAXES, FEES AND CHAR�ES BY GDVERNMENTAL AUTH�RITIES. The �ollawing pro�is��ns r�la�ing
<br /> ta go�ernmenta�taxes, fiees and charges are a part of this Deed o�Trust:
<br /> Current Taxes, Fees and Charges. Up�n r��{u�st by Lender, Trustor shall execute such documents in addi�ion to
<br /> fihis ��ed o�Trust and �ake whate�er athe� action is requested by Lender to perfec�and continue Lender's lien on
<br /> the Real Property. Trus�or shaf( reimburse Lende� for all taxes, as described belvw, tvgether w€th a�� expenses
<br /> incurred in re�vrding, perfecting ❑r cont�nuing this Deed of Trust, including wi�haut limitation a�� taxes, �ees,
<br /> d�cumentary stamps, and ather charg�s�or record�ng o� registering�hi� Deed ofi Trus#.
<br /> Taxes. The fallowing shaf[ constitute taxes to which this section applies: �'�y a specific tax upvn this �ype of
<br /> Deed of Trust or upon all or any part a�the lndebtedness secured by this ❑eed vf Trust; �2} a specifi� tax vn
<br /> Trustor which Trustar is authorized or required to deduct fram paymen�s on the �ndebt�dn�ss s�cured by�his type
<br /> vf �eed o�Trust; �3� a tax on this�ype o�Deed o�Trust chargeable against the Lender or�he holder ofi the Note;
<br /> and �43 a specific tax an all or any portion o�the lndebtednsss or on payments of principa[ and in�erest made by
<br /> Trustor.
<br /> Suhsequent Taxes. If any tax to which this section applies is enacted suhsequent to the date o� this Deed of
<br /> Trust, this e�ent shall ha�e the sam� ����ct as an E�ent ❑fi De�ault, and Lender may exercise any �r all of i�s
<br /> a�ailable remedies for an E�ent of De�ault as pr��ided belvw unless Trustor either ��� pays the tax before it
<br /> hecomes delinquen�, or �2y contests the tax as pro�ided a�o�e in the Tax�s and Liens se�tion and deposi�s wi�h
<br /> � Lender cash ar a sufficien�corporate surety bond ar other se�u�ity satis#actory to Lender.
<br /> SECUR[T'Y ACREEMENT; FINAN�ING STATEMENTS. The foflowing prv�isions reiating to this Deed of Trust as a
<br /> security agreement are a part of this Deed af Trust:
<br /> Security Agreement. Th�s instrument shall cons�i�ute a Security Agreement ta the extent any of the Prope�ty
<br /> constitut�s fixtures, and Lender shail ha�e all o�f the righ�s ❑f a secured party under the Uni#vrm Camm�rciaf Cod�
<br /> as amended from�ime to time.
<br /> Security In�erest. Upon requ�st by Lender, Trustor shall ta€�e whate��r action f5 requ�sted �y Lender to perfect
<br /> and continue Lender's securifiy interest �n the Rents and Persanal Property. �r� addi#ion to recording this Deed �f
<br /> Trust in th� real property recards, Lender may, at any �ime and wi�hou� fur�her auth�rization frvm Trus�or, fi(e
<br /> exe�uted counterparts, copies ar reproduct€ons v� this D�ed of Trus�t as a �inancing statem�nt. Trustor shalf
<br /> reimburse Lender for all expenses incurr�d in per�ect�ng ar continuing this securi�y �nterest. Upvn default, Trustor
<br /> shall not remo�e, se�er or detach th� P�rsvnal Pr�perfiy fr�m the Property. Upon default, Trust�� sha�l assemble
<br /> any Personal Proper�y no�affixed �o the Property in a mann�r and at a p�ace reasonably �on�enient to Trustvr and
<br /> Lender and make it a�ailable to Lender within thr�� �3� days a�ter receipt o� �rvritten demand fr�m Lender to the
<br /> ex�ent permitted by applica�le law.
<br /> Addresses. The mailing addresses of Trustar �debtary and Lender �se�ured party� from which information
<br /> cancerning the s�curity int�rest gran�ed hy this Deed of Trust may �� obtained ��a�h as required by :h� Uni�arm
<br /> Commercial Codey are as stated an�he first page vf this Deed of Trust.
<br /> FURTHER �15SURANCES; ATTORNEY-IN-FACT. The fallowing pro�isians relating t� further assurances and
<br /> attarney-in-�act are a part of this Deed of Trust:
<br /> Further Assurances. A� any time, and �rom time to time, upon request o# Lender, Trus�or will make, Execure and
<br /> deli�er, or wi!! cause ta be made, exe�uted ar delf�ered, to Lender ar tv L�nder's d�signee, and when requested by
<br /> Lender, cause to be fiied, recorded, �efiled, or rere�orded, as the case may be, at such times and in such of#ices
<br /> and places as Lender may deem apprvpriate, any and all such mortgag�s, d�eds o#trust, security de�ds, secu�ity
<br /> agreements, financing statements, con�inuatian statements, instruments of ��rther assurance, �ertificates, and
<br /> other dvcuments as may, in the sole vpinion af Lender, be necessary ❑r desirab�e in order to �fifectuate, comp[�te,
<br /> per�r�ct, con�inue, or pres�r�e �1� Trustor's obliga�ions under the Note, this Deed a� T�ust, and the Refated
<br /> Do�uments, and �2� �he liens and security interests created by this Deed of Trust as first and prior liens on the
<br /> Property, r�vhether naw �wned or hereafter acquired hy Trustor. lJn�ess prohibited by �aw or L�nder agrees to the
<br /> con�rary in writing, Trustor shall reimburse Lender f�r aff costs and expenses incurred in connect�an with the
<br /> matters referred to �n this paragraph.
<br /> Attorney-in-Fact. !f Trustor fails to d❑ any ❑�f the things referred to in the preceding paragraph, Lend�r may d� s�
<br /> for and �n the name of Trustor and at Trustor's expense. For su�h purpases, Trustor hereby ir�e�vcably appoints
<br /> Lender as Trustar's attorney-in-fact for�he purpose o#making, execu�ing, deli�ering, filing, rec�rding, and doing al�
<br /> o�her things as may #�e ne�essary or desirable, in Lender's sole ❑pinion, to a�complish �he matt�rs referred �o in
<br /> the preced�ng paragraph.
<br /> FULL PERF(�RMANCE. ff Trustor pays all the (nd�btedness, in�luding without �imitat€on all #uture ad�ances, when due,
<br /> and v�kherwise performs a!� the ob�igations imposed upon Trustor under this Deed o� T�ust, Lender shall �xecut� and
<br /> de���er tv Trus�ee a request �or �u�l �ecvn�eyance and shall execute and deli�er ta Trustor su�tak�le statements o�
<br /> termination of any financing statement fln file e�idencing Lender's security interest in the R�nts and �he Persona� -
<br /> Property. �4ny recon�eyance�ee required by law shal� be paid by Trus'�or, if permitted �y applicah(e law.
<br /> EVENTS �F DEFAULT. Each of the folfowing, at Lender's vptian, shall constitu�e an E�ent ❑f Defau�t under this Deed
<br /> of Trust:
<br /> Paymen�❑efau�t. Trustvr#ails�o make any payment when due under the Ind�htedness.
<br /> Qther Defauits. Trustor �a�is ta comply with or to perform any vther term, ob��gation, co�enant ar condit�on
<br /> contained in �his Deed �f Trust ar �n any o� the Rela�ed Documents ar to comply with ar tfl perform any term,
<br /> abfigation, cfl�enan�or condition contained in any other agreement be�ween Lender and Trust�r.
<br /> Compfiance Default. Failure to comply with any oth�r term, obligation, ca�enan� or condition contained in this
<br /> Deed of Trust, the Nate or in any of the Refated Do�um�nts.
<br /> De�ault on�ther Payments. Failure af Trustor within�he tim� r�quired by this Deed of Trus��o make any paymen�
<br /> for�axes vr insuranc�, or any other payment necessary ta pre�ent filing of or to�f#ect discharge of any (i�n.
<br /> Defaui� in Fa�ar af Third Parties. 5hould Grantvr default under any loan, extension of credi�, security ag���ment,
<br /> pur�hase or sales agreement, or any other agreement, in �a�or of any oth�r �r�ditor or person tha� ma•y materia�ly
<br /> a�fect any of Grantor's p�operty or Gran�or's ability to repay the Inde�tedness or Grantor's abili�y to perform
<br /> Grantor's vbligations unde�this Deed o�Trus�or any of the Related Documents.
<br /> False Statements. Any warranty, represen�a�ion or statement made o� furn�shed ta Lender hy Trustar or on
<br /> Trustor's behalf under this Deed o�Trust or the Rela�ed Documents is fa[se or misleading in any materia� respect,
<br /> either now or a�the time made ar furnished or be�vmes false or misleading at any time th�reaf�er.
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