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S „ , ; ; s 9 ; ~ DEED OF TRUST 2 010 0 0 9 31
<br />Loan No: 101271213 ~ (Continued) Page 4
<br />Defense of Title. Subject to the exception in the paragraph above, Trustor warrants and will forever defend the title to the Property
<br />against the lawful claims of all persons. In the event any action or proceeding is commenced that quastipns Trustor's title or the
<br />interest of Trustee nr Lender under this Deed pf Trust, Trustor shall defend the action at Trustor's expense. Trustor may be the
<br />nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding
<br />by counsel of Lender's own choice, and Trustor will deliver, or cause to be delivered, to Lender such instruments as Lander may
<br />request from time to time to permit such participation.
<br />Compliance With Laws. Trustor warrants that the Property and Trustor's use of the Property complies with all existing applicable
<br />laws, ordinances, and regulations of governmental authorities.
<br />Survival of Representatipns and Warranties. All representations, warranties, and agreements made by Trustor in this peed of Trust
<br />shall survive the exacutipn and delivery of this Deed of Trust, shall be continuing in nature, and shall remain in full farce and affect
<br />until such time as Borrower's Indebtedness shall be paid in full.
<br />EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Deed of Trust:
<br />Existing Llan. The lien of this Deed of trust securing the Indebtedness may be secondary and inferior to an existing lien. Trustor
<br />expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any default on such
<br />indebtedness, any default under the instruments evidencing such indebtedness, or any default under any security documents fpr such
<br />indebtedness.
<br />No Modification. Truster shall not enter into any agreement with the holder of any mortgage, deed of trust, or other security
<br />agreement which has priprity over this Deed of Trust by which that agreement is modified, amended, extended, or renewed without
<br />the prior written consent of Lender. Trustor shall neither request nor accept any future advances under any such security agreement
<br />without the prior written consent of Lender.
<br />CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust:
<br />Proceedings. If any proceeding in condemnation is filed, Trustor shall promptly notify Lender in writing, and Trustor shall promptly
<br />take such steps as may be necessary to defend the option 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 tp 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 />Lender from time to time to permit such participation.
<br />Applicn#ion pf Net Proceeds. If all or any part of the Rroperty is condemned by eminent domain proceedings ar by any proceeding pr
<br />purchase in lieu of condemnation, Lender may at its election require that all nr any portion of the net proceeds of the award be applied
<br />to the Indebtedness or the repair or restoration of the Property. The net proceeds pf 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. Tha following provisions relating to governmental
<br />taxes, fees and charges era a part of this Deed of Trust:
<br />Current Taxes, Feas and Charges. Upon request by Lender, Trustor shall execute such documents in addition to this Deed of Trust
<br />and take whatever ether action is requested by Lender to perfect and continue Lender's lien on the Real Property. Truster shall
<br />reimburse Lender for all taxes, as described below, together with all expanses incurred in recording, perfecting or continuing this Deed
<br />of Trust, including without limitatipn all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of
<br />Trust.
<br />Taxes. The following shall constitute taxes to which this section applies: 11) 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; 121 a specific tax on Borrower which Borrower is authorized or
<br />required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; 131 a tax on this type of Dead of Trust
<br />chargeable against the Lander pr the hpider pf the Npte; and (4) a specific tax pn all pr any portion pf the Indebtedness or pn
<br />payments of principal and interest made by Borrower.
<br />Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this heed of Trust, this event shall
<br />have the same effect as an Event pf Default, and Lender may exercise any or all pf its available remedies for an Event of Default as
<br />provided below unless Trustor either 11) pays the tax before it becomes delinquent, or 12) 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 ether security satisfactory to Lender.
<br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a
<br />part of this Deed of Trust:
<br />Security Agreement. This instrument shall constitute a Security Agreement to the extent any pf the Property cpnstitutes fixtures, end
<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 Lander, Trustor shall take whatever action is requested by Lender to perfect and continue Lender's
<br />security interest in the Rents and Personal Property. In addition to recording this heed of Trust in the real property records, Lender
<br />may, at any time and without further authorization from Trustor, file executed counterparts, copies or reproductions of this Deed of
<br />Trust as a financing statement. Trustor shall reimburse Lender fpr all expenses incurred in perfecting or continuing this security
<br />interest. Uppn default, Trustor shall not remove, sever or detach the Personal Property from the Rroperty. Upon default, Trustor shall
<br />assemble any Rersonal Property not affixed to the Rroperty in a manner and at a place reasonably convenient to Trustor and Lender
<br />and make it available to Lender within three 13- days after receipt pf written demand frpm Lender tp the extent permitted by applicable
<br />law.
<br />Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which information concerning the security
<br />interest granted by this Deed pf Trust may be obtained leach as required by the Uniform Commercial Code- are as stated on the first
<br />page pf this Deed of Trust.
<br />FURTHER A55URANCES; ATTORNEY-IN-FACT. The following previsions relating to further assurances and attorney-in-fact are a part of
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