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<br />DEED OF TRUST
<br />(Continued)
<br />
<br />200804805
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<br />Page 3
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<br />by counsel of Lender's own choice, and Trustof will deliver, or cause to be delivefed, to Lender such instruments as Lender may
<br />request from time to time to permit such participation.
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<br />ComplillnC8 With Laws. Tfustor waffants that the Property and Trustor's use of the Propefty complies with all existing applicable
<br />laws, ordinances, and regulations of governmental authofities.
<br />
<br />Survival of Representations lInd WlIrranties. All representations, warranties, and agfeements made by Trustor in this Deed of Trust
<br />shall survive the execution and delivefY of this Deed of Trust, shall be continuing in nature, and shall femain in full fOfce and effect
<br />until such time as Trustor's Indebtedness shall be paid in full.
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<br />CONDEMNATION. The following provisions felating to condemnation proceedings are a part of this Deed of TfUSt:
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<br />Proceedings. If any proceeding in condemnation is filed, Trustor shall pfomptly notify Lender in writing, and Tfustor shall promptly
<br />take such steps as may be necessafY to defend the action and obtain the awafd. Trustor may be the nominal pafty in such
<br />proceeding, but Lender shall be entitled to pllrticipate in the proceeding and to be represented in the pfoceeding by counsel of its own
<br />choice, and Tfustor will deliver Of clluse to be delivered to Lender such instfuments and documentlltion as may be requested by
<br />Lender ffom time to time to permit such participation.
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<br />Application of Net Proceeds. If all Of any part of the Pfoperty is condemned by eminent domain proceedings or by any pfoceeding or
<br />purchase in lieu of condemnation, Lendef may at its election require that all or any portion of the net proceeds of the award be applied
<br />to the Indebtedness Of the fepair or restoration of the Property. 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 />
<br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental
<br />taxes, fees and charges are a part of this Deed of Trust:
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<br />Current Taxes, Fees and Chllrges. Upon request by Lender, Trustor shall execute such documents in addition to this Deed of Trust
<br />and take whatever other action is fequested by Lender to perfect and continue Lender's lien on the Real Pfoperty. Trustof shall
<br />reimburse Lender for all taxes, as described below, together with all expenses incurred in recofding, perfecting Of continuing this Deed
<br />of Trust. including without limitation all taxes, fees, documentary stamps, and other charges fOf recofding or fegistering this Deed of
<br />TfuSt.
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<br />Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon
<br />all Of any part of the Indebtedness secured by this Deed of TfUSt; (2) a specific tax on Trustor which Trustor is authorized or
<br />fequifed to deduct from payments on the Indebtedness secufed by this type of Deed of Trust; (3) a tax on this type of Deed of TfUSt
<br />chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any pOftion of the Indebtedness Of on
<br />payments of principal and interest made by TfustOr.
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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
<br />have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies fOf an Event of Default as
<br />provided below unless Tfustor eithef (1) pays the tax before it becomes delinquent, or (2) contests the tax as pfovided above in the
<br />Taxes and Liens section and deposits with Lender cash or a sufficient corpofate surety bond Of other security satisfactory to Lender.
<br />
<br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions felating to this Deed of Trust as a security agreement afe a
<br />part of this Deed of TfuSt:
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<br />Security Agreement. This instrument shall constitute a Security Agfeement to the extent any of the Property constitutes fixtufes, and
<br />Lender shall have all of the rights of a secured party undef the Uniform Commercial Code as amended ffom time to time.
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<br />Security Interest. Upon fequest by Lender, TfuStOf shall take whatever action is requested by Lender to perfect and continue Lender's
<br />secufity intefest in the Rents and Personal Propefty. In addition to recording this Deed of TfuSt in the real property records, Lender
<br />may, at any time and without further authorization from Trustor, file executed countefparts, copies or reproductions of this Deed of
<br />Trust as a financing statement. Trustor shall reimburse Lendef fOf all expenses incurred In perfecting or continuing this security
<br />interest. Upon default, Tfustor shall not remove, sever or detach the Personal Propefty from the Property. Upon default, Trustor shall
<br />assemble any Personal Propefty not affixed to the Pfoperty in a manner and at a place feasonably convenient to TfUStOf and Lendef
<br />and make it available to Lendef within thfee (3) days after receipt of written demand from Lender to the extent permitted by applicable
<br />law.
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<br />Addresses. The mailing addresses of TrUStOf (debtor) and Lender (secured party) from which information concerning the security
<br />interest granted by this Deed of Trust may be obtained (each as fequifed by the Uniform Commercial Code) afe as stated on the fifSt
<br />page of this Deed of Trust.
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<br />FURTHER ASSURANCES; ATTORNEY -IN-FACT. The following provisions felating to further assurances and attorney-in-fact are a paft of
<br />this Deed of Trust:
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<br />Further Assurances. At any time, and from time to time, upon fequest of Lender, Trustor will make, execute and deliver, or will cause
<br />to be made, executed or delivered, to Lender Of to Lender's designee, and when requested by Lender, cause to be filed, recorded,
<br />fefiled, Of refecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all
<br />such mOftgages, deeds of trust, security deeds, security agfeements, financing statements, continuation statements, instfuments of
<br />furthef assurance, certificates, and othef documents as may, in the sole opinion of Lender, be necessafY or desirable in order to
<br />effectuate, complete, peffect, continue, or preserve (1) Trustor's obligations under the Note, this Deed of Trust, and the Related
<br />Documents, and (2) the liens and security interests created by this Deed of Trust as first and pfior liens on the Pfoperty, whethef
<br />now owned or hereaftef acquired by Trustor. Unless prohibited by law or Lendef agrees to the contrary in writing, TrUStOf shall
<br />reimbufse Lender for all costs and expenses incurred in connection with the mattefs refefred to in this paregraph.
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<br />Attorney-in-Fact. If Trustor fails to do any of the things feferred to in the preceding paragraph, Lender may do so for and in the name
<br />of TfUStOr and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints Lender as Trustor's attorney-in-fact for
<br />the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessafY or desirable, in Lendef's
<br />sole opinion, to accomplish the matters referred to in the preceding paragfaph.
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<br />FULL PERFORMANCE. If Trustor pays all the Indebtedness, including without limitation all futufe advances, when due, and othefwlse
<br />performs all the obligations imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full
<br />feconveyance and shall execute and deliver to Trustof suitable statements of termination of any financing statement on file evidencing
<br />Lender's security interest in the Rents and the Personal Pfoperty. Any feconveyance fee required by law shall be paid by Trustor, if
<br />permitted by applicable law.
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<br />EVENTS OF DEFAULT. Each of the following, at Lendef's option, shall constitute an Event of Default under this Deed of Trust:
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<br />Payment Default. Trustor fails to make any payment when due under the Indebtedness.
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<br />Other Defaults. TfUStOf fails to comply with or to perform any other tefm, obligation, covenant or condition contained in this Deed of
<br />Trust or in any of the Related Documents or to comply with or to perfOfm any tefm, obligation, covenant or condition contained in any
<br />othef agreement between Lendef and Trustor.
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<br />Compliance Default. Failure to comply with any other term, obligation, covenant Of condition contained in this Deed of Trust, the Note
<br />or in any of the Related Documents.
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<br />Default on Other Payments. Failure of Trustor within the time fequifed by this Deed of Trust to make any payment for taxes or
<br />insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien.
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<br />Default in Favor of Third Parties. Should Trustor default under any loan, extension of credit, secufity agfeement, purchase Of sales
<br />agreement, or any othef agreement, in favor of any other creditor or person that may matefially affect any of Trustor's propefty or
<br />Trustor's ability to repay the Indebtedness or perfofm their fespective obligations under this Deed of Trust Of any of the Related
<br />Documents.
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<br />False Statements. Any warranty, representation or statement made or furnished to Lender by Trustor Of on Trustof'S behalf under this
<br />Deed of Trust or the Related Documents is false or misleading in any matefial respect, eithef now Of at the time made or furnished or
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