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D~~D O~ TRUST 2 010 0 2 2 4
<br />Loan No: 808184 (CUntitlued) Page 3
<br />Trust, and (b) Trustnr has the full right, power, and authority to nxerute and deliver this Decd of Trust to Lender.
<br />Defense of Title. Subject to the exception in the f~areyraph attove, Trustnr 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 nomrnenced that questions Trustee's title or the
<br />interest of Trustee or !.ender under this Deed of Trust, Trustnr shall defend the action at: Trustee's expense. 1'rustor rney be the
<br />nominal party in such proceeding, but Lander shall be entitled to participate in the proreedirtg and to be represented in the proceeding
<br />by counsel of Lender's own nhnice, and Trustnr will deliver, or cause to be delivered, to lender such instrr.lments as Lender may
<br />request from time to time to permit such participation.
<br />Camplianae With Laws.' Trustnr warrants that the Property and "1-r'oster's use of the Property complies with all existing applicable
<br />laws, ordinances, and regulations of governmental authorities.
<br />Survival of Promises. All promises, agreements, and statements TYuslor has made in this Dnad of Trust shall survive the execution
<br />and delivrtry of this Deed of Trust, shall be continuing in nature and shall remain in full forte and effect until such time as Trustee's
<br />Indehtctdnass is paid in full.
<br />EXISTING INDEBTEDNESS. The following provisions conn..erning Existing Indebtedness are a part of this Deed of 'T"rust:
<br />Existing Lien. The lien of this feed of Trust securing the Indebtedness may be secondary and inferior to an existing lien. Trustnr
<br />expressly covenants and agrees to pay, or see to Ihr. payment nF, the Existing Indebtedness and to prevent any default on such
<br />indebtedness, any default under thrt instruments evidencing such indebtedness, or any default under any security documents (or such
<br />indebtedness.
<br />No Modificakion. Trustnr shall not enter into arty agreement with the holder of any mortgage, deed of trust, nr other security
<br />agreement which has priority over this C]eed of Trust by which that agreement is modified, amended, nxtctnded, or rnnctwed without
<br />the prior written consent of Lender. T'rustor shall neither request nor flrcept any future advances under any such security agreement
<br />without the prior written consent of !..ender.
<br />CONDEMNATION. The fallowing provisions relating to condemnation proceedings are a part of this Deed of Trust:
<br />Proceedings. If any pror..eeding in nandnnntfltion is filed, lYustor shall promptly notify Lender in writing, and Trustnr shall promptly
<br />take such steps as may be necessary to defend the an.tion anti obtain the award. Trustnr Wray be the nominal party in such
<br />proceeding, but Lnndnr shall be entitled to participate in thrt pror•.eeding and to be represented in the proceeding by counsel of its own
<br />choice, and Trustnr WIII deliver or CaUSP, ro he delivered to Lender such Instruments and docurnentalion as rnfly he requested by
<br />Lender from time to time to permit such participation.
<br />Application of Net Proceeds. If all nr any part of the Property is oondernned by eminent dornflin proceedings or by any proceeding or
<br />purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net prnreeds of the flwflrd he applied
<br />to the Indebtedness or the repair 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 />IMPOSITION qF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental
<br />taxes, fees and charges are fl part of this Deed of Trust:
<br />Current Taxes, Fees and Charges. Upon request by Lender, `truster shall exealle sunh rlncumRnts in addition to this Derd of Trust
<br />ancJ take whatever other action is requested by Lender to perfer.t and continue Lender's lion on the Real Property. Trustnr shall
<br />reirnhurse Lender for all taxes, as described below, together with all expenses 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 regisl.ering this Ueed of
<br />Trust.
<br />Taxes. The following shall constitute taxes to whinh this section applies: (1) a specific tax ufton this type of Deed of Trust or upon
<br />all or any part of the Indebtedness ser..ured by this Dried of Trust; (2) a specific tax on 'T'rustee which Trustnr is authorir.ecl or
<br />required to deduct from payments on the Indebtedness secured by this type of peed of Trust; (3) a tax on this type of Deed of Trust
<br />charyeable against the Lender or the holder of the Nate; arul 141 a specific tax on all or any portion of the Indebtedness or on
<br />payments of principal and interest made by Trustnr.
<br />Subsequent Taxes. If any tax to which this section applies is enflcted subsequent to the date of this Deed of 'T'rust, this event shall
<br />have the same effect as art Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default fls
<br />provided below unless Trustnr either (1) pays the tax befclre it becomes delinquent, or (71 contests the tax as provided above in the
<br />T'exes and Liens section and deposits with Lender cash ar a sufficient rorporflte surety bond or other security satisfactory to Lender.
<br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following flrrtvisions relating to this Unnd of Trust as a seourity agreemant arc a
<br />part of this Deed of Trust:
<br />Security Agreement. This instrument shall nonstitute a Security Agreement to the extent any of the Property constitutes fixtures, artd
<br />Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended front tune to tune.
<br />Security Interest. Upon request by Lender, Trustnr shall take whatever action is requested by Gender to perfect and continue l_ertder's
<br />snnurity interest in the Personal Properly. In addition to recording this Deed of Trust in the real property records, Lnndnr may, at any
<br />time and without further authorization from Trustnr, file exer,uted counterparts, copies or reproductions of this Dried of Trust as fl
<br />financing statement. TYustor shall reimburse Lender for all expenses incurred iri perfecting or nnntinuing this seourity interest. Upon
<br />default, Trustnr shall not remove, sever or detach the Personal Property from the Property. Upon default, Trustnr shall assemble any
<br />Personal Property not affixed to the Property in a mariner and at a place reasonably nonvenient to Trustnr and Lender and make it
<br />available to Lender within three (3) days after receipt of written dnmarul from Lender to the extent perrrtitted by applireble law.
<br />Addresses. The rnailiny addresses of Trustnr (debtor) and Lender Iserured early) from which information concerning the security
<br />interest granted by this Ueed of Trust may be obtained leach as required by the lJniform Commercial Code1 are as stated on the first
<br />page of this Ueed of Trust.
<br />FURTHER ASSURANCES; ATTORNEY-IN-FACT. T'he following provisions relating to further assurances and attorney-in fflct are fl part of
<br />this DenrJ of Trust:
<br />Further Assurances. At any time, and from tune to time, upon request of Lender, Trustnr will make, execute and deliver, or will pause
<br />to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filer!, recorded,
<br />refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any find all
<br />such mortgflges, deeds of trust, security deeds, seourity agreements, financing s[aternenls, continuation statements, instruments of
<br />further assurance, certificates, and other documents as may, in the sole opinion of Lnndnr, hn necessary or desirable in order to
<br />effectuate, complete, perfect, nontinue, or preserve I1) Trustee's obligations under the Notn, this Deed of Trust, and the Related
<br />Documents, anrJ 17) the liens and security interests created by this Deed of Trust nn the Property, whether now awmed nr hereafter
<br />acquired by Trustnr. Unless prohibited by law or Lender agrees to the contrary in writing, T"roster shall reirnhurse Lender for all costs
<br />and expenses incurred in connection with the matters referred to in this paragraph.
<br />Attorney-in-Fact. If Trustnr fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name
<br />of Trustnr and at Trustee's expense. For such purposes, Trustnr hereby irrevocably appoints Lender as Trustee's attorney-in-fact for
<br />the purpose of making, executing, delivering, filing, recording, and doing all other tflings as may be necessary or desirable, in Lender's
<br />sole opinion, to acnomplish the matters referred to in the peeceding paragraph.
<br />FULL PERFORMANCE. If Trustnr pays all the Indebtedness when due, and otherwise performs all the obligations irnl.tnsed upon Trustnr
<br />under this peed of Trust, Lender shall execute artd deliver to Trustee a request for full recnnveyance and shall execute and deliver to
<br />Trustnr suitable statements of termination of any financing statement on file evidencing Lender's security interest in that Rents find the
<br />Personal Property. Any reconveyance fee required by law shflll 6e paid try Trustnr, If permuted by applicable Iflw.
<br />EVENTS OF DEFAULT. At Lender's option, T'rustor will be in default under this Deed of f'rust if any of the following happen:
<br />Payment Default. Trustnr fails to make any payment when due under the Indebtedness.
<br />Break Other Promises. Trustnr breaks any promise made to Lender or fails to perform promptly flt the time and strintly in the mflnner
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