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2002074581
<br />DEED OF TRUST
<br />Loan No: 774576 (Continued) Page 4
<br />take such steps as may on necessary to defend the action and obtain the award Truster may be the nominal party In such
<br />Proceeding, but Lender shall be entitled to participate in the proceeding and to be represented In the proceeding by counsel of its own
<br />choice, and Truster will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by
<br />Lando from time to time to permit such participation.
<br />Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or
<br />purchase in lieu of condemnation, Lender may at its election handles that all or any portion of the net proceeds of the award be applied
<br />to the Indebtedness or the repair or restoration of the Properly. The net proceeds of the award shall mean the award after payment of
<br />all reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lender In connection with the condemnation.
<br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental
<br />taxes, tags and charges are a part of this Deed of Trust
<br />Current Taxes, Fees and Charges. Upon request by Lender, Truster shall execute such documams in addition to this Deed of Trust
<br />and take whatever other action is requested by Lander to perfect and continue Lender's lien on the Real Property. Truster shall
<br />reimburse Lender for all taxes, as described below, together wan all expenses incurred in recording, perfecting .1 cnlinuiag this Deed
<br />of Trust, Including without limitation all taxes face, documentary stamps, and other charges for recording or registering this Deed of
<br />Trust.
<br />Taxes. The following shall constitute taxes in which this section applies', (1) a specific tax upon this type of Deed of Trust or upon
<br />all or any part of the Indebtedness scoured by this Deed of Trust; (2) a specific tax on Truster which Truster is authorized or
<br />required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (3) a tax on this type of Deed of Trust
<br />chargeable against the Lender or The holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on
<br />payments of principal and Interest made by Truster.
<br />Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall
<br />have the same effect as an Event of Default, and Lender may exercise any or all of Its availahla remedies for an Event of Default as
<br />provided below unless Truster either it) pays the tax before It becomes delinquent, or (2) contests the tax as provided above In the
<br />Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lander.
<br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are e
<br />part of this Deed of Trust:
<br />Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property c hstituLde flxlume, and
<br />Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time
<br />Security Interest. Upon request by Lender, Truster shall execute financing statements and take whatever other action is requested by
<br />Lender to perfect and continue Lender's canonry interest In the Personal Property. In addition to recording this Deed of Trust In the
<br />sal property records, Lender may, at any time and without further authorization from Truster, file executed counterparts, copies or
<br />reproductions of this Deed of Trust as a financing statement. Trustor shall re mhurse Lender for all expenses incurred in perfecting o
<br />continuing this security Interest. Upon default, Truster shall not remove, sever or detach the Personal Property from the Property.
<br />Upon default, Truster shall assemble any Personal Property not affixed to the Property In a manner and at a place reasonably
<br />convenient to Trustor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to
<br />the extent permitmd by applicable law,
<br />Addresses. The Friction addresses of Truster (debtor) and Lender Iaecured partyl hour which Information c ...ruing the security
<br />interest granted by this Deed of trust may be obtained (each as required by the Uniform Commercial Code) are as staled on the first
<br />page of this Deed of Trust.
<br />FURTHER ASSURANCES; ATTORNEY -IN -FACT. The following provisions relating to further assurances and attorney -in -fact are a part of
<br />this Deed of Trust:
<br />Further Assurances. At any time, and from time to time upon request of Lender, Truster will make, execute and deliver, or will cause
<br />to be made, executed or dalivered, to Lender or to Lender's designed, and when requested by Lender, cause Tn be filed, recorded,
<br />refiled, or rerecorded, as the c may he, at such times and in such offices and places us Lender may deem appropriate, any and all
<br />such mortgages, deeds of trust, security deeds, security agraamna, financing statements, continuation statements, Instruments of
<br />further assurance, certificates, and other Documents a lay, in the sole opinion of Lender, be necessary or desirable in order to
<br />effectuate, complete, perfect, continue, or preserve It) nTruster re obligations under the Note, this Deed of Trust, and the Related
<br />Documents, and (2) the liens ands urity interests created by this Deed of Treat on the Property, whether now ..had or hereafter
<br />acquired by Truster, Unless prohibited by law or Lender agrees to the contrary in writing, Truster shall reimburse Lender for all costs
<br />and expenses Incurred In connection with the matters referred to in this paragraph.
<br />Attorney -in -Fact. If Truster tails in do any of the things referred to In the preceding paragraph, Lender may do se for and in the name
<br />of Truster and at Treater 'a expense. For such purposes, Truster hereby irrevocably appoints Lender as Truster 'a attorney in for
<br />the purpose of making, executing, delivering, fil'mg, recordiny, and doing all other Things as may be necessary or desirable, in Lender's
<br />sule opinion, to accomplish the matters referred to in the preceding paragraph.
<br />FULL PERFORMANCE. If Truster pays all the Indebtedness, Including without limitation all future advances, when due, and otherwise
<br />performs all the obligations imposed upon Trader under this Deed of Trust, Lender shall execute and deliver to Trustee a request for lull
<br />reconveyance and shall execute and deliver to Truster suitable statements of termination of any financing statement on file evidencing
<br />Lender's security interest in the profs and the Personal Property. Any r conveyance fee required by law shall Inc. paid by Truster, it
<br />permitted by applicable law.
<br />EVENTS OF DEFAULT. At Lender's option, Truslor will be In default under this Dead of Trust if any of the following happen.
<br />Payment Default. Truster falls to make any payment when due under the Indebtedness.
<br />Break Other Promises. Truster 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.
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