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o~~o o~ TRUST 2 010 O G 0 3 G
<br />~cal~t~f,ut~d- Page s
<br />by counsel of Lender's awn choice, and Trustor will deliver, or cause to be delivered, tp Lender such instruments as Lender 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 Representations and Warranties. All representations, warranties, and agreements made by Trustor in this Deed of Trust
<br />shall survive the execution and delivery of this Daed of Trust, shall be eontinuing in nature, and shall remain in full forts and affect
<br />until such time as Trustor's Indebtedness shall be paid in full.
<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 Truster shall promptly
<br />take such steps as may be necessary to defend the action and obtain the award. 7rustpr may be the nominal party in such
<br />proceeding, but Lender shall 6e entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own
<br />chpipe, and Trustor will deliver or cause to be delivered to Lender suph instruments and documentation as may be requested by
<br />Lender from time tp time to permit such participation,
<br />Application of Nat Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding pr
<br />purchase in lieu pf condemnation, Lender may at its election require that all or any portion pf the net proceeds of the award be applied
<br />to the Indebtedness or the repair or restoration of the Property. Tha net proceeds of the award shall mean the award after payment pf
<br />all reasonable costs, expenses, and attorneys' fees incurred by Trustee pr Lender in connection with the condemnation.
<br />IMPOSITION OF TAXES, FEES AND CHARGES eY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental
<br />taxes, fees and charges are a part of this Deed pf Trust:
<br />Current Taxes, Fees and Charges. Upon request by Lender, Trustor shall execute such documents in addition to this Deed of Trust
<br />and take whatever other action is requested by Lsndsr tp perfect and pnntinue Lender's lien on the Real Property. Trustor shall
<br />reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Dsed
<br />of Trust, including without limitation all taxes, fees, documentary stamps, and other charges for recording pr registering this Desd pf
<br />Trust.
<br />Taxes. Ths following shall constitute taxes to which this section applies: l11 a specific tax upon this type of peed pf Trust ar upon
<br />all or any part of the Indebtedness secured by this Deed of Trust; 121 a specific tax on Trustor which Trustor is authorized or
<br />required to deduct from payments on the Indebtedness secured by this type of Dsed of Trust; 131 a tax on this type of Deed of Trust
<br />chargeable against the Lender or the holder of the Note; and (~) a specific tax on all nr any portion of the Indebtedness or on
<br />payments of principal and interest made by Trustor.
<br />Subsequent Taxes. If any tax tp which this section applies is anapted subsequent to the date of this Deed of Trust, this event shall
<br />have the soma affect as an Event pf Default, and Lender may exercise any or all of its available remedies for an Event pf Default as
<br />provided below unless Trustor either 11) pays the tax before it becomes delinquent, or Izl cpntests the tax as provided above in the
<br />Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond pr ether security satisfactory to Lender.
<br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed pf Trust as a security agreement are a
<br />part pf this Daed of Trust:
<br />Security Agreement. This instrument shall constitute a Security Agreement to the extent any pf the Property cpnstitutes fixtures, and
<br />Lander shall have all pf the rights of a secured party under the Uniform Commercial Code as amended from time tp time.
<br />Security Interest. Upon request by Lender, 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 retarding this Desd of Trust in the real property records, Lender
<br />may, at any time and without further authorization from firustor, file executed pauntarparts, copies or reprnductinns of this Deed of
<br />Trust as a financing statement. Truster shall reimburse Lender for all expenses incurred in perfecting or continuing this security
<br />interest. Upon default, Trustor shall not remove, sever or detach the Personal Property from the Property, Upon default, Trustor shall
<br />assemble any Personal Property not affixed to the Property in a manner and at a place reasonably cpnvenient to Trustor and Lender
<br />and make it available tp Lender within three 131 days after receipt of written demand from Lender to 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 of Trust may be obtained leach as required by the Uniform Commercial Code) are as stated on the first
<br />page of this Deed of Trust.
<br />FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assuranpes and attorney-in-fact are a part of
<br />this Deed of Trust:
<br />Further Assurances. At any time, and from time to time, upon request of Lender, 7rustpr will make, execute and deliver, or will cause
<br />to be made, executed nr delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, 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 and all
<br />such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of
<br />further assurance, certificates, and other documents as may, in the sale opinion of Lander, bs necessary or desirable in order to
<br />effectuate, complete, perfect, continue, or preserve 11) Trustor's obligations under the Note, this Daed of Trust, and the Related
<br />Documents, and 121 the liens and security interests created by this Desd of Trust as first and prior liens on the Property, whether
<br />now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writing, Trustor shall
<br />reimburse Lander for all posts and expenses incurred in connection with the matters referred to in this paragraph,
<br />Attorney-in-Fact. If Truster fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the Hama
<br />of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints Lander as Trustpr's attorney-in-fact for
<br />the purpose of making, executing, delivering, filing, recording, and doing all ether 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 pays all the Indebtedness, including without limitation all future advances, when due, and pthsrwise
<br />performs all the obligations imposed upon Trustor under this Dead of Trust, Lander shall execute and deliver to Trustee a request far full
<br />reconveyance and shall execute and deliver to Trustor suitable statements of termination of any financing statement on file evidencing
<br />Lender's security interest in the Rents and the Personal Property. Any recnnveyance fee required by law shall be paid by Trustor, if
<br />permitted by applicable law.
<br />EVENT5 OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Desd of Trust
<br />Payment Default. Trustor fails to make any payment when due under the Indebtedness.
<br />Other Defaults. Trustor fails to comply with or to perform any other term, obligation, povenant or condition contained in this Deed of
<br />Trust or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or eondition contained in any
<br />other agreement between Lender and Trustor.
<br />Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note
<br />or in any of the Related Documents,
<br />Default on Other Payments. Failure of Trustor within the time required by this Deed of Trust to make any payment far taxes or
<br />insurance, or any other payment necessary to prevent filing of pr to effect discharge of any lien.
<br />Default in Favor of Third Parties. Should Granter default under any loan, extension of predit, security agreement, purchase or sales
<br />agreamant, or any ether agreement, in favor of any other creditor or person that may materially affect any of Grantor's property or
<br />Grantor's ability to repay the Indebtedness or Grantor's ability to perform Grantor's obligations under this Dead pf Trust ar any of the
<br />Related Documents.
<br />False Statements. Any warranty, representation or statement made or furnished to Lender by Trustor or on Trustor's behalf under this
<br />Deed of Trust or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or
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