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<br />'.c=am -° _
<br />.. 90-W-106387
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<br />DEED OF TRUST Pap
<br />(Codumd)
<br />hoiaer of anothar Yon, or the use of funds of the dw"M for pratibilled purAOW.
<br />< y
<br />It. QRNiTCR'8 iUaff To CM. Upon the oeeurttroa Of arty Event of Debug (Other than Mud Or nuWW ffWWealsrtlfW) and prior b
<br />in the Ovid of Trust or by law, Lender site& give noaca as provided In the Ovid of Trust and a
<br />sr•rrriainp any of the rights and remedies proviCNd
<br />caW red by took" taw,
<br />a WW" AID REMEDIES ON DEFAULT. too fhe oxuawm ol any E►wt1 a DebuN and al any yms ih•realler, Trtetes a bender, at IN optbn
<br />may exmaee any Ore or mom of the hawing rights arts ren+edies, in addition to any Other rights of n•rredrea provided bylaw:
<br />AObabrsom upm peMult; AAONiO W isMaedM& M any e1YON a Cbkult Occurs which b nor cured wdtw-% fifteen (15) days slier rtrclioe, lands
<br />and the sane sW thereupon become due and Payable
<br />by co Trust due *r4 pay
<br />N
<br />way Odeclere Ham, �y secured
<br />any 1 «t aYad o la
<br />• Etter th person or by agM11. with or w(tlt0ut btYtpuig any at:frWn or pro eating, or by a raan,,lr aDpoinlld by a Coot and wihoiA capered
<br />to its saeu*. enter upon and blue possastion a the Property Or any part thuea, in 6 own name or in vie name of
<br />PPP
<br />No adequacy Of
<br />Trustee. and do any act which ii deems necessary or desirable to preserve the value, martcstabeity or rantatairp► a file Property, or peat a
<br />horir t:iB �iopr. or p 0act ties sxtauty of thg PrtKnerty: arid, with or tirihOtll
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<br />the Property a tntfeeal M iM Properhr. irnrase tine h eve
<br />taidn(I pm@u on of It* PrOPSM. she tor or otherwise cblect the cart,&. Issues and profits Of the Property, rttoluding thou pest due and
<br />unpaid, and apply the same, less costs and expenses d operation and cOUctlon. including attorneys' bee. to any irldab%dnw acued by
<br />The erA$FkV Won and fekrnp possession a file Property. tle colection a
<br />I
<br />I�N& Deed of Trutt, alt In such order as Lender may delarmite.
<br />such rentt6 Muse and profift and file application ittarea shall not cur or waive any debug or notice of dale R under this Oeed Of Trent Or
<br />utvalldats any act done in response to such default Or pursuant to such nOMOe of debult: and, notwithstanding the eor*mArtoe in Pcasaesiort
<br />rentsft issues at profits. Truste or Lender shall be entitled to exercise every right
<br />of the Property a the co"cW, receipt and application Of
<br />provided for in the Credit Agreement or It* Related Documents Or by law upon the occurrenar of any event of datarat, indudlmp the right to
<br />I
<br />exercies the Mower of sale:
<br />(b) Commence art action to foreclose this Owed of Trust as a mortgage, appoint a receiver Or speri(icalty enforce any Of the covenants
<br />i
<br />�,
<br />hereo(c,and
<br />(c) f7efrVW to Trustee a wrftbn declaration of debutt and demand hoc cA* and a written notice of default and election to cause Grantors
<br />Nrbrw in !tree Prop". to be sold, which notice Trustee shall cause to be duty fled for record In the appropriate offices a the County in whkh
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<br />I.` . • .
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<br />the Property is tOC81r�f.
<br />Foralatlfe by 110IC- ie W1 Sale. If lender elects to foreclose by exercise Of the Power Of Sale herein eontsined, Lander elver nOWy Trustee and
<br />t� •
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<br />shel deposll with Trustee this Deed of Trust and the Credit Agreement and such receipts and evidence of expenditures mratt0 and second by this
<br />Deed of Tha'rt as Tnistee may require.
<br />(a) Upon racaipt of such notice from Waxier. Trustee shall cause to be recorded. published and cW[V1e:txt tri Crantor Such Nato• oti Da(fflit
<br />and Noke of Sale as then required b9 law and by this Dead Of Trust. Trustee shall, without demand- eo earl <Or. a'tler sith time as mate il+an
<br />law recordation of such Notice of Default and after Notice of Sate haviog bzir qwn W :'aaal'ad by kw. sea the
<br />be ragrired by and after
<br />Property at the iNte and place of sale feed by it in such Notice a Sale. wilier as a whale. or in SQFW.arto rdj or 941=4s w. iiMR as Trustee
<br />it may determine, at public auction to the him tnd0.er via =h 'A tawrrW ImWW Of the Urtiled
<br />s1Wl deem expedient, and to such ceder as
<br />S%atea. payable at the time of solo. nude shall deliver to such purchaser or puroca^M r.Ahwa+ r;R qpAW and suet deed of ,cads
<br />so add. but %wFiaAany covenant or wamnty, express or implied• Thai(=`'' tIT wch dead rat any maims Or toft
<br />carivp,miythe prop"
<br />swim ua O"us" Woof of the trotf+iJIvss 11:aaca01. Any person, including without hmitatioh Cs�rn ,.'rrrsfM. Or Lender, may Purc;N me
<br />yids
<br />�lbli As'rrAy be permUlted by raw, slaw deds+rm,% ate costs. less and expenses of Trusbm iced of this Trust, including costs of evidence of feels
<br />in oosa? action with Save. Trustee shall aPPIY the PrOCeads of sale to payment of (i) all suing Iaaended under the terms of this Dad of Trust or
<br />,+
<br />tvjryer i1,* toms a the Credit Agreamectt nor then repaid, including but not limited to ai=aed interest and lase charges. (i) al aher Surrrs
<br />0*4 smcyred hereby, arid (ii) the rslmr,`�ar, H any, to the person or persons feWYY entitled Morally.
<br />(c) Trustee may In the manner prowif it Oy law postpone sale OT an Or any portion of the Properly
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<br />Rantedi s Not Ekehisive. Trustee and Lender, and each of them, shall be entitled to enforce payment and performance of any Intlabtedress or
<br />under this Deed of Trust, under the Credit "manf. under any of
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<br />obligations secured by this Deed of Trust and to exercise all rights and powers
<br />the Related Documents. or under any other agreement or any laws now or hereafter in force. notwithstanding, some or alli d' such indebtedness
<br />and obligations secured by this peed of Trust may now or hereafter be otherwise secured. whether by mortgage. dead ct bust. pledge. ken.
<br />Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or pursuant to the power of
<br />astignmenf or otherwise.
<br />sells or 40w Powers contained in this Deed of Trust. shall prejudice at to any manner affect Trustee's or lender's right to teals upon or ardam
<br />any oNren security now or hereafter fiend by Trustee or Lender, d bang agreed that Trustee and Lender. and each of them." be opk* d. l0
<br />TnW aeauity now or hereafter held by Lender or Trustee in such order and manner as they or aYhet altlrem •
<br />enforce "a Coed a and any outer
<br />in their absaute dsCai aza determine. No remedy caaharred upon or reserved to Trusine or Lender. is intended to be exclusive of arty O'lrer
<br />may
<br />ter edy ter To Deed of 7iyA+ ttr by taw Pied Or perma2d. IZL't each Shag be cumulative and Shall be in addition to every Other remedy given m
<br />this Deem, ofitrnnst or now4w rareaflsr Qns'mg At law Or Im (nuity or by statute. Every power or remedy given by the Crew Agree arnsint or any of
<br />the Reww, .Documents to Trustee ore l awder or to which edh it of them may be otttenvtse entitled.. may be exercised. concurrently or
<br />may be deemed expedient by Trustee or Lender. and erller a them may pursue rrxorssisteal
<br />indeRerrber7Ly. from time 10 time and W, Gfil?n as
<br />rerr peas Nothing in this Deed of Trust sry3l► be construed as prohibiting Lender from seeking a deficienc3i ludgment against the Grantor to the
<br />exbrtt such action is permitted by law.
<br />Request For Notice. Grantor, on behalf of Grantor area ri'evz W , Hereby requests that a copy of any Notice of Deleon and a copy of any Notice at
<br />Sale under this Dead of Trust be mailed to them at the ad*asses set forth in the first paragraph of this Deed of Trust.
<br />W&Wer Section of Remedies, A wamer cli any party of a breach of a provision of this Deed of Trust shag not constitute a waiver of or prejudice
<br />the pariylis rights otherwise to demand- sovn compliance with that provision or any other provision. Erection by Lender to pursue any remedy
<br />woltt i(x this Deed of Trust, the CrKW-AWeement, in any Related Document. or provided by taw ShetC nOf exclude pursul of any other remedy.
<br />to take action to perform an obligation of Grantor under this Geed of Tread after taiue of Grantor to
<br />and an election to make expenditures or
<br />Perform shell not afect Landers right to declare a default and to exercise any of its remedies
<br />AtlOmays' Fear, Expenses. it Lender institutes any suit a action to enforce any of the term d• 1trz (feed of Trust. Lender shed be entitled to
<br />recover such sum as the court may adiudge reasonable as attorneys' fees at trial and on any.ii pflea: KYlzether or not any court action is rrtrotvW.
<br />all reasonable expenses incurred by lAicti r which In Lenders opinion are necessary at any 1-�=, far. the protection Of its interest a the
<br />enfyciame d of its rights Shea become L pert of the Indebtedness payable on demand and shalt beat into nit- at the Credit Apeeaert tab from the
<br />date of iilplsndib" until repaid. Em*nses Covered by this paragrePit include, without limitation, cick<imrz- Subject to arty knit under saWCabie
<br />law. Lenders aft~ fees whethe' o• not there s a lawsuit• intruding attorneys fees for bankruptcy. piumedings (incluch -9 efforts to modify Or
<br />Or
<br />vacate anv automatic stay or +n)un- 3 =eats and any ant cioated post- ;udgment colied cc SP' .r-. ill �75t 52 <rdsrnh rP!0•tl5 DD:a,nm?
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