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��-�2-1999 DEED OF TRUST 9 9 1110 6 5 Page a
<br /> Loan No 1043066 (Corrtinued)
<br /> Lender.
<br /> CONDEMNATION. The following provisions relaHng to condemnatlon proceedings are a part of this Deed of Trust.
<br /> Applicatbn of Net Proceeds. if all or any part of the Property is condemned by eminent domain proceedines or by any proceeding or
<br /> purchase ln lieu of condemnaHon,Lender may at iis electlon requke that ell or any poriion of the net proceeds of the award be applied to the
<br /> Indebtedness or the repair or restoraaon of the Property. The net proceeds of the award sFiaq mean the award after payment of all reasonable
<br /> costs,expenses,and atlorneys'fees incurred by Trustee or Lender in connection with the condemnatlon. :
<br /> Proceedinys. If any proceeding in condemnadon�flled,Trustor shall prompUy nohy Lender in wridnp,and Trustor shall prompHy take such
<br /> steps as may be necessary to defend the actlon and obtain the award. Tn�stor may be the nominel party in such proceedinq,but Lender shall
<br /> be en6tled to participate in the proceeding and to be represen�d in the proceedirp by counsel of Ns own chok;e,and Trustor will deliver or
<br /> cause to be delivered to Lender such instruments as may be requested by H from tlme to tlme to permtt such parlicipatlon.
<br /> IMPOSITION OF TAXES,FEES AND CFU►RGES BY GOVERNMENTAL AUTHORITIE8. The folbwinp provisfons reladn� to yovernmental taxas,
<br /> fees and charges are a part of this Deed of Tn�st:
<br /> Current Taxes,Fees and Charpes. Upon request by Lender,Trustor sheN execute such dxuments in additlon to this Deed of Trust and teke
<br /> whatever other action is requested by Lender to perfect and contlnue Lender's lien on the Fieal Property. Trustor sheA reimburse Lender for all
<br /> taxes, as described below, together with all e�enSas incurred in recor�rp, perfectirp or continuirp this Deed of Trust, indudinp without
<br /> limitation all taxes,fees,dxumentary starr�s,and other charges for recordirp or reqisterirp this Deed of Trust.
<br /> Taxes. The followiny shall constitute texes to which this section epplies: (a)a spec��Nc tax upon this type of Deed of Trust or upon aH or any :
<br /> part of the Indebtedness secured by th�Deed of Trust; (b)a specilfc tax on Trustor which Trustor is authorfzed or requtred to deduct kom
<br /> payments on the Indebtedness secured by this type o(Deed of Trust; (c)a tax on this iype of Deed of Trust charpeable a�ainst the Lender or
<br /> the holder of the Note; and (d) a spedfic tax on all or any portion of the Indebtedness or on payments of prindpal and interest made by
<br /> Trustor.
<br /> Subaequent Taxes. If any tex to which this section epplies is enacted subsequent to the date of this Deed of Trust,this event shall have the
<br /> same effect as an Event of Default(as defined below),and Lend�may exeroise any or aN of its avallable remedies for an Event of DefauR as
<br /> provided below unless Trustor either (a)pays the tax before it becomes de�inquent,or (b)contesis the tax es provided above in the TaxaS and
<br /> Liens section and deposits with Lender cash or a suificient corporate surety bond or other security satisfactory to Lender.
<br /> SECURITY AGREEMENT;FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a pert of
<br /> this Deed of Trust.
<br /> Security A�reement. This instrument shall constitute a security agreement to the extent any of the Properiy constitWes tixtures or other
<br /> personal property, and Lender shaN have all of the rights of a secured party under the Uniform Commercial Code as amended from time to
<br /> time.
<br /> Sscurity Interest. Upon request by Lender,Trustor ahaH execute Nnancirp statert�ents and take whatever other acdon is requested by Lender
<br /> to perfect and conHnue Lender's security interest in the Rents and Personal Property. In addiHon to recordinp this Deed of Trust in the real
<br /> property records,Lender may,at any time and without fu�ther authorizaHon from Trustor,flle executed counterparts,copies or reproductions of
<br /> this Deed of Trust as a financing statement. Trustor shall reimburse Lender for all expenses incurred in perfecdng or continuinq this security
<br /> interest. Upon defautt,Trustor sheN assemble the Personal Property in a manner and at a plece reasonably convenient to Trustor and Lender
<br /> and meke it available to Lender within three(3)days after receipt of written demand from Lender.
<br /> Addresses. The mailing addresses of Trustor(debtor) and Lender (secured party), irom which informaUon concerning the secu�ity interest
<br /> granted by this Deed of Trust may be obtained(each as required by the UnMorm Commerciel Code),are as stated on the 8rst page of this Deed s
<br /> of Trust.
<br /> FURTHER ASSURANCES; ATTORNEY-IN-FACT. The foliowing provisions reladng to further assurances and ettorney--i�fact are a part of this
<br /> Deed of Trust.
<br /> Further Assurancea. At any Hme,and irom time to time, upon request of Lender,Trustor wiN make,execute and deliver, or wili cause to be
<br /> made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, reflled, or
<br /> rerecorded,as the case may be,at such Hrt�es and in such offices and places as Lender may deem appropriate,any and all such mortgages,
<br /> deeds of trust,security deeds,security agreements,financing statements,continuation statements,instruments of further assurance,certificates,
<br /> and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate,complete, perfect,continue, or
<br /> preserve (a)the obligaHons of Trustor under the Note,this Deed of Trust,and the Related Dxumenls,and (b)the lier�s and security interests
<br /> created by this Deed of Trust on the Properly,whether now owned or hereafter acquired by Trustor. Unless prohibited by law or agreed to the
<br /> contrary by Lender in wribng,Trustor shaN reimbwse Lender for all costs and e�enses incurred in connection with the maiters referced to in
<br /> this paragraph.
<br /> Attomey-in-Fact. If Trustor fails to do any of the things referred to in the preceding paragreph, Lender may do so for a�d in the name of
<br /> Trustor and at Trustor's e�ense. For such purposes,Trustor hereby irrevocably appanis Lender as Trustor's attorr�y�r�fact for the purpose
<br /> of making, executing, delivering, filing, recording, and dang all other thinys as may be necessary or desirabls, in Lender's sole opinion, to
<br /> accompiish the matters refeRed to in the preceding paragraph.
<br /> FI�L PERFORMANCE. If Trustor pays all the Indebtedness when due, terminates the line of credit, and otherwise performs all the obligallons
<br /> imposed upon Trustor under this Deed of Trust,Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and
<br /> deliver to Trustor suitable statemenis of terminatlon of any finanang statement on file evidencing Lender's security interest in the Rents and the
<br /> Personal Property. Any reconveyance fee required by law shall be paid by Trustor,if permitted by applicable law. :
<br /> DEFAULT. Each of the following,at the option of Lender,shall constitute an event of default("Event of Default")under this Deed of Trust:
<br /> Default on Indebtedness. Failure of Trustor to make any payment when due on the Indebtedness.
<br /> Default on Other Peyments. Failure of Trustor within the Hme required by this Deed of Trust to make any payment for taxag or insurance,or
<br /> any other payment nec�ssary to prevent fiNng of or to effect discharge of any Nen. :
<br /> Compliance Defauft. Feilure of Trustor to compty with any other term, obligation,covenant or condition contained in this Deed of Trust,the
<br /> Note or in any of the Reieted Dxumenls.
<br /> FdBE Statementa Any warranty,representatlon or statement made or hur�shed to Lender by or on behalf of Trustor under thls Deed of Trust, :
<br /> the Note or the Related Documents is false or misleadiny in any materisl respect,either now or at the tlme made or furnished.
<br /> Defective Collaterdlzatlon. This Deed of Trust or any of the Related Documenis ceases to be in fuN force and effect(indudiny failure of any
<br /> coltateral documenls to create a valld and perfected security interest or lien)at any tlme and for any reason.
<br /> Death or Insolvency. The death of Trustor, the insdvency of Trustor, the appantment of a receiver for any part of Trustor's property, any
<br /> assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceedinp under any bankruptcy or
<br /> insolvency laws by or against Trustor.
<br /> Foreclosure,Forfelture,etc. Commencement of foreclosure or forfeiture proceedings,wheth�by judicial proceeding,self-help,repossession
<br /> or any other method,by any creditor of Trustor or by any governmental agency against any of the Property. However,this subsectlon shall not
<br /> apply in the event of a good faith dispute by Trustor as to the vaNdity or reasonableness of the daim which is the basis of the foredosure or
<br /> forefeiture proceeding,provided that Trustor gives Lender written notice of such claim and fumishes ra5erves or a surey bond for the claim :
<br /> satisfactory to Lender.
<br /> Breach of Other Ayroement. Any breach by Trustor under the terms of any other agreement between Trustor and Lender that is not remedied
<br /> within any grace period provided therein,includiny without limltatlon any agreement concerning any indebtedness or other obligaHon of Trustor :
<br /> to Lender,whether e�dsHng now or later.
<br /> Events Affectlo�Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor :
<br /> dies or becomes incompetent,or revokes or disputes the validiiy of,or liability under,any Guaranty of the indebtedness. Lender,at its optlon, :
<br /> may, but shall not be required to, permft the Guarantor's estate to assume uncondidonally the obligations arising under the guaranty in a
<br /> manner satisfactory to Lender,and,in dang so,cure the Event of Defauft.
<br /> Insecuriy. Lender in good faith deems itself in5ecure.
<br /> E�dstiny Indebtedness. A defauft shall occur under any Existiny Indebtednass or under any instrument on the Property secu�ing any Exisdng :
<br /> Indebtedness,or commencement of any suit or other actlo�to foredose any existing lien on the Property. :
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