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DE? �i�''iiaT'",
<br />Lean Na: 19429 (COntinu�d� Page 3
<br />encumbrances other than those 'sat forth in the Beal Propady desctiptipit or in any title insurancs policy, title report, orAnal Otte opinion
<br />Issued In favor of, and accepted by, Lender in oonneotion with this Deed of Trust, and (b) Trustor has the full right, power,'and authority to
<br />execute and deliver this Deed of trust to Lender.
<br />Defense of Title. Subject to the exception in the paragraph above, Trustor warrants and will forever' defend the tide to the Property; against
<br />the lawful claims of all persons. In the event any action or proceeding is`cotnmenced that questions Trustees title or the Interest of Trustee or
<br />Lender under this Deed of Trust, Trustor shag defend the action at;Truo4r's expense. Trustor may, be the nominal party to such prooeading,
<br />but Lender shall be entitled to participate in the proceeding and to be represented In the prgcaeding,by counsel -of Lender's own choice, and
<br />Trustor will deliver, or cause to be delivered; to Lender st]ch instriJ ments as Lender may request from time to time to permit such
<br />participation.
<br />Compliance With Laws. Trustor warrants that the Property and Trustbr's use of the Property complies with all existing applicable laws,
<br />ordinances, and regulations of governmental auihoritles.
<br />Survival of Promises. All promises, agreements, and statements Trustor has made in this Deed of Trust shall survive the execution and
<br />delivery of this Deed of Trust, shall be continuing in nature and shall remain in full force and effect unfii such time as Trustor% indebtedness
<br />Is paid in full.
<br />CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust:
<br />Proceedings. If any proceeding in condemnation is filed, Trustor shall promptly notify Lender inwriting, and Trustor shall promptly take such
<br />steps as may be necessary to defend the action and obtain the award. Trustor may be the nominal party In such proceeding, but Lender
<br />shall be entitled to participate In the proceeding and to, be - represented In the proceeding by counsel of its own cholce,,and Trustor will
<br />deliver or cause to be delivered to Lender suchr Instruments -end documentation as may be requested by tender from time to time to permit
<br />such participation.
<br />Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any praceoding or
<br />purchase in lieu of condemnation, Lender may at its election require that ail or any portion of the net proceeds of the award be applied to the
<br />Indebtedness or the repair or restoration of the Property. The net proceeds of the award shalt mean the award after payment of all
<br />reasonable costs, expenses, and attorneys' fees.tncurred by Trustee or Lender In connection with the, condemnation.
<br />IMPOSITION OF TAXES, FEES AND CHARGE$ BY'GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes,
<br />fees and charges are a part of this Deed of Trusts
<br />Current Taxes, Fees and Charges. Upon request by Lender, Trustor -shall execute such documents to addition to this Deed of Trust and
<br />take whatever other action is requested by lender to,perfectand continue Lender's lien on the Real Property. Trustor shall reimburse Lender
<br />for all taxes, as described below, together'Wlth all expenses incurred in,reoording, perfecting or continuing this. Deed of;7rust, Including
<br />without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of Trust..
<br />Taxes. The following shall constitute taxes to which this sactiorr ppliea:.: (1) a specific tax _upon th(s type of Dead of Trust or upon all or any
<br />part of the Indebtedness secured by this Deed-.of Trusis (2) ,e speolficr on Trustor which Trustor .is authorized or required. to d+aduct from
<br />payments on the Indebtedness`secuhgl by this type of Deed cf'Trust; (3) a tax on this type of Deed of Trust chargeable against the Lender
<br />or the holder of the Note; and (4) a 5peciflc tax on all or any portion of the indebtedness or on payments of principal and Interest made by
<br />Trustor.
<br />Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Dead of Trust, this event shall have the
<br />same effect as an Event of Default and Lender may exercisa. any crag of its available remedies for an -Event of Default as provided below
<br />unless Trustor either (1) pays the tax before it becomes delinquent; or (2) contests the tax As provided above In the Taxes and Liens
<br />section and deposits with Lander 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 ol"Trust as a security agreement are a part
<br />of this Deed of Trust:
<br />Security Agreement. This instrumrsnt shatl.coratitute a Security Ilgraemeht to the extent any of the Property constitutes fixtures, and Lender
<br />shag have all of the rights of a secured party under the Uniform Comfl`onilil Code as amended from time to time.
<br />Security Interest. Upon request by Lender, Trustor shag execute fnencing statements And take whatever' other action 1s requested by
<br />Lender to perfect and continue Lender's security interest in the Personal Property. In addition to < recording this Deed of Trust In the real
<br />property records, Lender may, at any time and without further authorizallon from Trustor, file executed counterparts, copies pr reproductions
<br />of this Deed of Trust as a financing statement. Trustor shall reimburse Lender for all expenses incurred in perfecting or continuing this
<br />security interest. Upon default, Trustor shall not remove, sever or detach the Personal Property frpm "the Property. Upon default, Trustor
<br />shall assemble any Personal Property not affixed to the Property in a- manner and at a place reasonably convenient to Trustor and Lender
<br />and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law.
<br />Addresses. The malting addresses of Trustor (debtor) and L"ender;- (soo6red party) from which' Information concerning the security Interest
<br />granted by this Deed of Trust maybe obtained (each as required by the Uniform Commercial Code) are as stated on ft first page of this
<br />Deed of Trust.
<br />FURTHER ASSURANCES; ATTORNEY-IN -FACT The following provisions relating to further assurances and attomey -(n -fact are a part of this
<br />Deed of Trust:
<br />Further Assurance*. 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 Lander, cause to be filed, recorded, refiled, or
<br />rerecorded, as the case Maybe, at such times and.insuch 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,
<br />certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect,
<br />continue, or preserve (1) Trustor's obligations under the Note, this Dead of Trust, and the Related Documents, and (2) the liens and
<br />security Interests created by this Deed of Trust as first and prior liens on the Property, whether now owned or hereafter acquired by Trustor.
<br />Unless prohibited by law or Lender agrees to the contrary InwdUng, Trustor shall reimburse Lender for all costs and expenses incurred in
<br />connection with the matters referred to in this paragraph.
<br />Attorney - In -Fact. if Trustor fails to do any of the things referred to ln'the preceding paragraph, Lender may do so for an& In the name of
<br />Trustor and at Trustor's expense, For such purposes, Trustor heroby irrevocably appoints Lender as Trustoes attorney -in -fact for the
<br />purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, 'in Lender's sole
<br />opinion, to accomplish the matters referred to in the preceding paragraph.
<br />FULL PERFORMANCE. If Trustor pays all the Indebtedness, including without limitation ali future advances, when due, and otherwise performs
<br />all the obligations imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyanos and
<br />shall execute and deliver to Trustor suitable statements of termination of any financing statement on file evidencing Lender's security Interest in the
<br />Rents and the Personal Property. Any reconveyance fee required by law shall be paid by Trustor, if permitted by applicable law.
<br />EVENTS OF DEFAULT. At Lender's option, Trustor will be in default under this' Deed of Trust if any of the following happen:
<br />Payment Default. Trustor Fails to make any payment when doe under the Indebtedness.
<br />Break Other Promises. Trustor breaks any promise made to Lender or fails to perform promptly at the time and strictly in the manner
<br />provided in this Deed of Trust or in any agreement related to this Deed of Trust.
<br />Compliance Default. Failure to comply with any other term, obligation, covenant orcondition contained In this Deed of Trust, the Note or in
<br />any of the Related Documents. If such a failure is curable and If Trustor has not been given a notice of a breach of the same provision of this
<br />Deed of Trust within the preceding twelve (12) months, It maybe cured (and no Event of Default will have occurred) if Trustor,:affer, Leinder
<br />sends written notice demanding cure of such failure: ,(4) cures the failure within thirty (30) days; or- (b) It the cure requires more than thirty
<br />(30) days, Immediately Inttiates steps sufficient to cure the failure -and thereafter continues and completes all reasonable and necessary steps
<br />sufficient to produce compliance as soon as reasonably practical.
<br />Default on Other Payments. Failure of Trustor within the time required by this Deed of Trust to make any payment for taxes or Insurance, or
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