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<br />Loan No: 132827-00100
<br />
<br />DEED OF TRUST
<br />(Continued)
<br />
<br />200803334
<br />
<br />Page 4
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<br />Indebtedness or the repair br restoration of the Property. The net proceeds of the award shall mean the award after payment of all
<br />reasonable costs, expenses, ~nd attorneys' fees Incurred by Trustee or Lender in connection with the condemnation.
<br />
<br />IMPOSITION OF TAXES, FEES A~D CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes,
<br />fees and charges are a part of this IDeed of Trust:
<br />
<br />Current Taxes, Fees and C?arges. Upon request by Lender, Trustor shall execute such documents in addition to this Deed of Trust and
<br />take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Trustor shall reimburse Lender
<br />for alllaxes, as described below, together with all expenses Incurred In recording, perfecting or continuing this Deed of Trust, including
<br />without limitation alllaxes, fess, documentary stamps, and other charges for recording or registering this Deed of Trust.
<br />
<br />Taxes. The following shall cdnstitute taxes 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 sedured by this Deed of Trust; (2) a specific tax on Trustor which Trustor Is authorized or required to deduct from
<br />payments on the IndebtedneSs secured by this type of Deed of Trust; (3) a tax on this type of Deed of Trust chargeable against the Lender
<br />or the holder of the Note; an~ (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by
<br />Trustor. I
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<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 the
<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 Trustor either (1) pdys the tax before It becomes delinquent, or (2) contests the tax as provided above In the Taxes and Liens
<br />section and deposits with Leider cash or a sufficient corporate surety bond or other security satisfactory to Lencler.
<br />
<br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part
<br />oflhls Deed oITrust: I. '.
<br />
<br />Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constllutes fixtures, and Lender
<br />shall have all of the rights of ~ secured party under the Uniform Commercial Code as amended from time to lime.
<br />
<br />Security Interest. Upon re~uest by Lender, Trustor shall take whatever action is requested by Lender to perfect and continue Lender's
<br />security interest in the Rents land Personal Property. In addition to recording this Deed of Trust in the real properly records, Lender may, at
<br />any time and without further authorization from Trustor, file executed counterparts, copies or reproductions of this Deed of Trust as a
<br />financing statement. Trustor ishall reimburse Lender for all expenses Incurred in perfecting or continuing this security Interest. Upon default,
<br />Trustor shall not remove, sever or detach the Personal Property from the Property. Upon default, Trustor shall assemble any Personal
<br />Property not affixed to the Prbperty In a manner and at a place reasonably convenient to Trustor and Lender and make It available to Lender
<br />within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law.
<br />
<br />Addresses. The mailing ad~resses of Trustor (debtor) and Lender (secured party) from which information concerning the security interest
<br />granted by this Deed of Tru~t may be obtained (each as required by the Unltorm Commercial Code) are as stated on the first page of this
<br />Deed oITrust. I .
<br />
<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: -I
<br />
<br />Further Assurances. At an~ time, and from time to time, upon request of Lender, Trustor will make, execute and deliver, or wlli 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, refiled, or
<br />rerecorded, as the case may!be, at such times and In such 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 docunjents as may, In the sole opinion of Lender, be necessary or desirable In order to effectuate, complete, perfect,
<br />continue, or preserve (1) jrrustor's obligations under the Note, this Deed of Trust, and the Related Documents, and (2) Ihe liens and
<br />security interesls created by Ihis Deed of Trust as firsl and prior liens on the Property, whether now owned or hereafter acquired by Trustor.
<br />Unless prohibited by law or lender agrees 10 the contrary in writing, Truslor shall reimburse Lender for all costs and expenses Incurred in
<br />connection with Ihe mailers ~eferred to in this paragraph.
<br />
<br />Attorney-in-Fact. If Trustor fails 10 do any of the things referred to in Ihe preceding paragraph, Lender may do so for and in the name of
<br />Trustor and at Trustor's exr,ense. For such purposes, Truslor hereby irrevocably appoints Lender as Trustor's attorney-In-fact for the
<br />purpose of making, executi~9, delivering, filing, recording, and doing all other things as may be necessary 'or desirable, In Lender's sole
<br />opinion, to accomplish Ihe 1atters referred to In the preceding paragraph.
<br />
<br />FULL PERFORMANCE. If Trustqr pays all the Indebtedness, including without limitation all future advances, when due, and otherwise performs
<br />alllhe obligations imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and
<br />shall execute and deliver to Trust1' r suitable stalements of termination of any financing slatement 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 />
<br />EVENTS OF DEFALL T. Each of he following, at Lender's option, shall constitute an Event of Default under this Deed of Trust:
<br />
<br />paymenl Default. Trustor f~ilS to make any payment when due under the Indebtedness.
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<br />Other Defaults. Truslor failJ to comply wilh or to perform any other term, obligation, covenant or condition contained in this Deed of Trust or
<br />in any of Ihe Related Documents or 10 comply with or to perform any lerm, obllgallon, covenant or condition contained in any other
<br />agreement between Lender and Trustor.
<br />
<br />Compliance Default. Failur~ 10 comply with any other lerm, obligation, covenant or condition conlained in this Deed of Trust, the Note or In
<br />any of the Related Documents. .
<br />
<br />Default on Other paymentJ. Failure of Truslor within the lime required by this Deed of Trust to make any payment for taxes or insurance, or
<br />any other payment necessat to prevent filing of or to effect discharge of any lien. '
<br />
<br />False Statements. Any warranty, representation or statement made or furnished to Lender by Trustor or on Truslor's behalf under this Deed
<br />of Trust or the Related DocUments Is false or misleading In any material respect, either now or at the time made or furnished or becomes
<br />false or misleading at any lIn!.e thereafter.
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