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Loan No: 8615€307130
<br />DEED OF "('F%UST
<br />(Contif :ued) 200205270 Page 4
<br />take such steps as may be necessary to defend the action and obtain the award, Trustor 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 Trustor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by
<br />Lender from time to time to permit such participation.
<br />Application of Not Pfoceeds. it all or any part of the Property is ccndemned by eminent domain proceedings or by any proceeding or
<br />purchase in rieu of condemnation, Leader may at its election require 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 Property. The nrtt. orcceeds of the award shall mean the award after payment of
<br />all reasonable. costs, expenses, and attorneys' fees incurred by Trusted 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, lees and charges are a part of this Deed of Trust:
<br />Current Tuxes, Foos and Charges. Upon request by Lander, Trustor shill execute such documents in addition to this Deed of Trust
<br />and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Trustor shall
<br />reimburse Lender for all taxes, as described below, together with all expensos incurred in recording, perfecting or continuing this Deed
<br />of Trust, including without limitation all taxes, fees, documentary stamps, and other charges for recording or rogistering this Died of
<br />Trust
<br />Taxes. The follo,.ving shall constitute taxes to 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 secured by this Deed of Trust, (2) a specific: tax on Borrower which Borrower is authorize" .),
<br />required to deduct from payments on tree Indebtedness secured by this type of Deed of Trust: (3) a tax on this type of Deed of Tru•
<br />charaeablo against the Lender or the holder of the Note: and (4) a specific tax on all or any portion of the Indebtedness or
<br />Payments of principal and interesi :trade by Borrower.
<br />Subsequent Taxes. If any tax to whir ;h this section applies is enacted subsequent to the date of this Deed of Trust, this event shall
<br />have tho same effect as an Event of Dfsfault, and Lender may exercise any or all of its available remedies for an. Event of Default as
<br />provided below unless Trustor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as providot9 above in the
<br />Taxes and 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 rrust as a security agreement are a
<br />part of this Deed of Trust:
<br />Security Agreement. This instrur tent shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, 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, Trustor shall execute financing statements and take whatever other action is requested by
<br />Londer to perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Deed of
<br />Trust in the real property records, Lender may, at any time and without further authorization from Trustor, file executed counterparts,
<br />copies or reproductions of this Dead of Trust as a financing ,laternent. Trustor shall. reimburse Lender for all expenses incurred in
<br />perfecting or continuing this security interest. Upon default; Trustor shall not remove, sever or detc7ch the Personal Property from the
<br />Property. Upon default, Trustor shall assemble any Personal Property not affixed to the Property in a manner and at a place
<br />reasonably convenient to Trustor and Lender and make it available to Lender within throe 13) days after receipt of written demand
<br />from Lender to the extent permitted by applicable law.
<br />Addresses, The mailing addresses of Trustor (debtor) and Lonoer (secured party) from which information concerning the security
<br />interest granted by this Deed of 'Trust may be obtained (each as required by the Uniform Commercial Code) are as stated or) 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 Tr. st
<br />Further Assurances, A° any time, and from time to time, upon request of Lender, Trustor will make, execute and deliver, or will cause
<br />to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded,
<br />refiled, or rerecorded, as the cases may be, at such tirnes and in such offices and places as Lender may deem appropriate, any and all
<br />such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of
<br />further assurance, certificates, and other docurents as may, in the sole opinion of Lender, be necessary or desirable in order to
<br />effectuate, complete, perf(;ct, continue, or preserve (1) Borrower's and Truster's obligations under the Note, this Dead of Trust, and
<br />the Related t1ocLan7ents, and 12) the liens and security interests created by this Deed of Trust as first and prior liens on the Property,
<br />whether now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writing, Trustor
<br />shall reimburse Lender for all costs and expenses incurred in connection with the rnatters referred to in this paragraph,
<br />Attorney-in-Fact. If Trustor fails to do any of tho things referred to in the preceding paragraph, Lender may do so for and in the name
<br />of Trustor and Trustor's expense. For such purposes, Trustor hereby irrevocably appoints Lender as Trustor's attorney -in -fact for
<br />the purposes of rnF -king, r >xnr ;latir1q delivering, filing), recording, zinc' doing all other things as may be necessary or desirable, in Lender's
<br />sole opinion, to accomplish the matters referred to in the preceding paragraph.
<br />FULL PERFORMANCE. If Trustor shall strictly perform all of TrUSter'5 obligations under the Guaranty and otherwise performs all the
<br />obligations unposed upon 1 rustor under this Deed of -Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and
<br />shall execute and deliver to Trustor suitable statements of termination of any financing statement on file evidencing Lender's security
<br />interest in the Rents and the Personal Property. Any reconveyance fee required by law shall be paid by Trustor, if permitted by applicable
<br />Iaw.
<br />EVENTS OF DEFAULT. Each of the following, at Lender's ,j;tion. shall constitute an Event of Default under this Deed of Trust:
<br />Payment Default. Borrower fails to make: a—ny payrnent when due under the Note Indebtedness or Trustor fails to make any payment
<br />when due under the Indebtedness.
<br />Other Doftaults. Borrower or Trustor fails to comply with or to perform any other term, obligation, covenant or condition contained in
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