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��-22-1999 '� DEED OF TRUST Page 4 �
<br /> Loan No 1045160 (Continued) " �
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<br /> costs,expenses,and aflorneys'fees incurred by Trustee or Lender in connection with the condemnaHon.
<br /> Proceedlnys. If any proc�eding in condemnation is filed,Trustor shall promptly notify Lender in writing,and Trustor shall promptly take such
<br /> steps as may be necessary to defend the action and obtain the award. Trustw may be the nominal party in such proceeding,but Lender shall
<br /> be entitled to participate in the proceeding and to be represented in the proceeding by counsel of iis own choice,and Trustor will deliver or
<br /> cause to be delivered to Lender such inshumenis as may be requasted by it from tlme to tlme to permit such participaHon.
<br /> IMPOSITION OF TAXES,FEES AND CHARGES BY GOVERNMENTAL AUTFIORITIES. The following provisions relating to governmental taxas,
<br /> fees and charges are a part of this Deed of Trust:
<br /> Current Taoces,Feea and Charpea Upon request by Lender,Trustor shell execute such dxuments in addition to this Deed of Trust and take
<br /> whatever other action is requested by Lender to perfect and contlnue Lender's lien on the Real Property. Trustor shall reimburse Lender for ail
<br /> taxes, as described below, together with all expenses incuRed in recording, perfecting a continuing this Deed of Trust, including without
<br /> limitation all texes,fees,documentary stamps,and other cherges for recording or registering this Deed of Trust.
<br /> Taxea The following shall constitute taxes to wh�h this section applies: (a)a specific tax upon this type of Deed of Trust or upon all or any
<br /> part of the Indebtedness secured by this Deed of Trust; (b)a speclfic tax on Trustor which Trustor is authori�ed or required to deduct from
<br /> payments on the Indebtedness secured by this type of Deed of Trust; (c)a tax on this type of Deed of Trust charyeable apninst the Lender or
<br /> the hdder of the Note; and (d) a speciflc tex on aA or any porHon of the Indebtedness or on payments of pr(ncipal and in�rest made by
<br /> Trustor.
<br /> SYIb�M�i'axq. �any tax to wtdch thfe sadion k�raK�d sebsequsnt to tlw dNr of this D�ci of Trust,this�wM sFwN havs the �Y
<br /> sun� as�n�MMM 1�° or tl d lit avallobM n�rNdhs for an Ev�eM ot DNadt aa '
<br /> �l�$hs�► . `�t. a��
<br /> provided below unless 7rusCor either (a)pays the tex be�ore�mes de�`�h�q��n� (b)contests the tax as provided above in the Te�ces and
<br /> Liens section and deposits with Lender cash or a sufficient 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 securiiy agreement are a part of
<br /> this Deed of Trust.
<br /> Security Ayreement. This instrumeM shall constitute a securily agreement to the extent any of the Property constitutes foctures or other �
<br /> personal property, and Lender shall have all of the righis of a secured party under the Uniform Commercial Code as amended from time to
<br /> time.
<br /> Secu►ity Interost. Upon request by Lender,Trustor shaN execute 8nancinp statements and take whetever other acdon is requested by Lender
<br /> to perfect and conUnue Le�der's securiiy interest in the Rents and Peraonel Property. In addition to recording this Deed of Trust in the real
<br /> property records,Lender may,at any time and without furth�authorizatlon irom Trustor,Nle execWed counterparts,copies or reproducHons of
<br /> this Deed of Trust as a finandng statement. Trusta shail reimbiuse Lender for aq e�enSes incuRed in per6ecdng or conqnuing this security
<br /> interest. Upon default,Trustor shali assemble the Personal Property in a manner and at a place reasonably convenient to Trustor and Lender
<br /> and make ft available to Lender within three(3)days after receipt of written demand t�om Lender.
<br /> Addresaes. The mailing addresses of Trustor(debtor) and Lender (secured party), from which informaHon concerning the security interest
<br /> granted by this Deed of Trust may be obtained(each as required by the Uniform Commercial Code),are as stated on the first page of this Deed
<br /> of Trust.
<br /> FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of this
<br /> Deed of Trust.
<br /> Further Assurances. At any time, and from time to time, upon request of Lender,Trustor will make,execute and deliver, or will cause to be
<br /> made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be �led, recorded, refiled, or
<br /> rerecorded,as the case may be,at such tlmes and in such o�and places as Lender mey deem appropriate,any and all such mo�tgages,
<br /> deeds of hust,securiiy deeds,security agreements,financing statemenis,continuation statements,instrumenls of further assurance,ce�tificates,
<br /> and other documenis as may,in the sole opinion of Lender,be necessary or desirable in order to effectuate,complete,perfect,continue, or
<br /> preserve (s)the oblpaUons of Trustor under the Note,this Deed of Trust,and the Related Documents,and (b)tFw Her�s and security intorests
<br /> creaMd by tHs Daed of Trust on ttw Proport�t.wt�stlw now own�d or twna(far acquira�!ay.�i�ptor. Unle�s prolNblOad by law or s�r�i bo the.
<br /> coMrary by Lender in wridrq�Tniator sMN roimbuns.Lender to►.4iN co�s uid eo�sns�s inaurtrd in.conn�alion wilh ih�nMtNrs ro�irnd.to in
<br /> this paragraph. . . .
<br /> Attomey-in-Fact. If Trustor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of
<br /> Trustor and at Trustor's expense. For such purposes,Trustor hereby irrevocAbly appants Lender as Trustor's attorney-in-fact for the purpose
<br /> of making, execuHng, delivering, filing, recording, and doing aA other things as may be necessary or desirable, in Lender's sole opinion,to
<br /> accomplish the matters referred to in the preceding paragraph.
<br /> FULL.PERFOR�IAANCE. If Trustor pays all the Indebtedness when due,and otherwise performs all fhe obligations imposed upon Trustor under this
<br /> Deed of Trust, Lender shall execute and deliver to Trustse a requast for full reconveyance and shall execute and deliver to Trustor suitable
<br /> statements of termination of any fl�anctnp statement on flle evidencing Lender's security interest in the Rents and the Personal Property. Any
<br /> reconveyance fee required by law shell be paid by Tn�stor,if permitted by applicable law.
<br /> DEFAULT. Each of the fdlowing,at the option of Lender,shell constitute an event of defautt("Event of DefaWC')under this Deed of Trust:
<br /> DeMult on Indebtedness. Failure of Trustor to make any payment when due on the Indebtedness.
<br /> Default on Other Payments. Failure of Trustor within the time required by this Deed of Trust to meke any payment for taxes or insurance,or
<br /> any other payment necessary to prevent filing of or to effect discharge of any lien.
<br /> DeMult in Favor of Third Parties. Should Borcower or any Trustor default under any loan,extension of credit,secu�iiy agreement,purchase or
<br /> sales agreement, or any other agreement, in favor of any oth� creditor a person that may materially affect any of Borrower's property or
<br /> Borrower's or any Trustor's ability to repay the Loans or perform their respective obligations under this Deed of Trust or any of the Releted
<br /> Documents.
<br /> Compliance Default. Failure of Trustor to comply with any other term, oblpaHon,covenant or condition contained in this Deed of Trust,the
<br /> Note or in any of the Related Dxumenis.
<br /> Falae Statementa. Any warraniy,representation or statement made or furMshed to Lender by or on behalf of Trustor under this Deed of Trust,
<br /> the Note or the Related Documents is false or mi,sleading in any material respect,either now or at the time mede or furnished.
<br /> Defective CoIlMertdization. This Deed of Trust or any of the Reiated Documenls ceases to be in full forc;e and effect(including failure of any
<br /> collateral documents to create a valid and perfected security interest or lien)at any time and for any reason.
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<br /> oeaa� a ��.a��,cy. The death of Tn�stor or ilw dissol�iien or i�rminatlon of Truetor's�+o.�a�u,� 6�„e.s, ar�.oa�cy a
<br /> Trustor,the appantment of a receiver for any part of Trustor's property,any assignment for the beneflt of credftors,any type of creditor woricout,
<br /> or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Trustor.
<br /> Foreclosure,Forfelture,etc. Commencement of foreclosure or forieiture proceedings,whether by judicial proc�eding,self-help,repossession
<br /> or any other method,by any creditor of Trustor or by any governmental agency ag�inst any of the Property. However,this subsection shall not
<br /> apply in the event of a good faith dispute by Trustor aS to the validity or reasonableness of the claim which is the basis of the foreclosure or
<br /> forefeiture proceeding, provided that Trustor gives Lender written notice of such claim and furnishes reserves or a surety bond for tl�claim
<br /> satisfactory to Lender.
<br /> Breach of Other Apreement. Any breach by Trustor under the terms of any other agrsement between Trustor and Lender that is not remedied
<br /> within any grace period provided therein,including without limitation any agreement conc�rning any indebtedness or other obligation of Trustor
<br /> to Lender,whether existing now or later.
<br /> Events Affectinp Guartritor. Any of the precedi�g evenis 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 Indebted�ess. Lender,at its opHon,
<br /> may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the obligatlons arising under the guaraniy in a
<br /> manner satisfactory to Lender,and,in dang so,cure the Event of Default.
<br /> Adverse Chanye. A material adverse change occurs in Trustor's financial condition, or Lender believes the prospect of payment or
<br /> performance of the Indebtedness is impaired.
<br /> Insecurity. Lender in good faith deems ItseN insecure.
<br /> �cistiny Indebtedness. A default shall occur under any E�dsting Indebtedness or under any instrument on the Property secu�ing any Exlsdng
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