Laserfiche WebLink
DEED OF TRUST <br />(Continued) 200209907 Page <br />Compliance With Laws. Truster warrants that the Property and Trustor's use of the Property complies with all existing applicable laws, <br />ordinances, and regulations of govemmermi authorities. <br />Survival of Promises. All promises, agreements, and statements Truster has made in this Deed of Trust shall survive the execution and <br />delivery of this Deed of Trust, shall es continuing in nature and shall remain in full force and effect until such time as Borrower's <br />Indebtedness is paid in full. <br />EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Deed of Trust: <br />Existing Lien. The lien of this Deed of Trust securing the Indebtedness may be secondary and inferior to the lien securing payment of an <br />existing obligation to Commercial Federal Mortgage Corp.. The existing obligation has a current principal balance of approximately <br />$93,179.00 and is in the original principal amount of $94,250.00. Truster expressly covenants and agrees to pay, or see to the payment of, <br />the Existing Indebtedness and to prevent any default on such indebtedness, any default under the instruments evidencing such <br />indebtedness, or any default under any security documents for such indebtedness. <br />No Modification. Truster shall not enter into any agreement with the holder of any mortgage, dead of trust, or other security agreement <br />which has priority over this Deed of Trust by which that agreement is modified, amended, extended, or renewed without the prior written <br />consent of Lender. Truster shall neither request nor accept any future advances under any such security agreement without the prior written <br />consent of Lender. <br />CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Dead of Trust: <br />Proceedings. If any proceeding in condemnation is filed, Trustor shall promptly notify Lender in writing, and Truster shall promptly take such <br />steps as may be necessary to defend the action and obtain the award. Truster may be the nominal parry in such proceeding, but Lender <br />shall be entitled to participate in the proceeding and to as represented in the proctoring by counsel of its own choice, and Truster will <br />deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender 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 proceeding or <br />purchase in lieu of condemnation, Lender may at its elechon require Mat all or any portion of the net proceeds of the award be applied to the <br />Indebtedness or the repair or restoration of Me Property. The net proceeds of the award shall mean he award after payment of all <br />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 previsions relating to governmental taxes, <br />fees and charges are a part of this Dead of Trust: <br />Current Taxes, Fees and Charges. Upon request by Lender, Truster shall execute such documents in addition to this Dead of Trust and <br />take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Truster shall reimburse Lender <br />for all taxes, as described below, together with all expenses incurretl in recording, perfecting or continuing his Deed of Trust, including <br />without literates all hazes, fees, documentary stamps, and ether charges for recording or registering this Deed of Trust. <br />Taxes. The following shall constitute blues to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon all or any <br />part of the Indebtedness secured by this Dead of Trust; (2) a specific tax on Borrower which Borrower is authorized or required to deduct <br />from payments on the Indebtedness secured by this type of Dew of Trust; (3) a tax on this type of Dead of Trust chargeable against the <br />Lender or the holder of the Credit Agreement; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal <br />and interest made by Borrower. <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 have Mt <br />same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below <br />unless Truster either (1) pays the tat before it becomes delinquent, or (2) contests the fax as provided above in the Taxes and Liens <br />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 security agreement are a part <br />of this Dead of Trust: <br />Security Agreement This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lander <br />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 security interest in the Personal Property. In addition to recording this Dead of Trust in the real <br />property records, Lender may, at any time and without further authorization from Truster, file execued counterparts, copies or reproductions <br />of this Dead of Trust as a financing statement. Truster shall reimburse Lender for all expenses incurred in perfecting or continuing this <br />security interest. Upon default, Truster shall not remove, sever or detach the Personal Property from the Property. Upon default, Truster <br />shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Truster 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 mailing addresses of Truster (debtor) and Lender (secured parry) from which information concerning the security interest <br />granted by this Dead of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this <br />Dead of Trust. <br />FURTHER ASSURANCES; ATTORNEY -IN -FACT. The following provisions relating to further assurances and aftorney -in -fact are apart of this <br />Deed of Trust: <br />Further Assurances. At any time sell tram time to time, upon request of Lender, Truster 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 filed, recorded, refined, or <br />rerecomm, as the case my be at such times and in such offices and places as Lender my 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 Me sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, <br />parties,, or preserve (1) Borrowers and Trusters obligations under the Credit Agreement, this Dead of Trust, and the Related Documents, <br />