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<br />~' ' ~ d .. ~ DEED OF TRUST
<br />(Continued) 2 010 0 6 3 2 5 Page 3
<br />a part of the Indebtedness and, at Lender's pptipn; will IAI be payable on demand; IBI be added to the balance 'of the Note and be
<br />apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance
<br />policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's
<br />maturity, ,The Deed of Trust also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to
<br />which Lender may be entitled upon Default.
<br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust:
<br />Title. Trustor warrants that: (a) Truster holds goad and marketable title of record to the Property in fee simple, free and clear of all
<br />liens and encumbrances other than those set forth in the Real Property description or in the Existing Indebtedness section below or in
<br />any title insurance policy, title report, or final title opinion issued in favor of, and acpepted by, Lender in connection with this Deed of
<br />Trust, and (bl Trustor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender.
<br />Defense pf 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 pr proceeding is commenced that questions Trustor's title or the
<br />interest of Trustee or Lender under this Deed of 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 pounsel of Lender's pwn• choice, and Trustor will deliver, or cause to be delivered, to Lender such instruments--as Lender may
<br />request from time to time to permit such participation.
<br />Compliance With Laws. Truster 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 peed of Trust
<br />shall survive the execution and delivery of this Deed of Trust, shall be continuing in nature, and shall remain in full force and effect
<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 Lien. The lien pf 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 for such
<br />indebtedness.
<br />No Modification. Trustor shall not enter into any agreement with the holder of any mortgage, deed of trust,' or other security
<br />agreement which has priority 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 rieither request nor accept any' future advances under any such security agreement
<br />without the prior written corisent 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 action and obtain the award. Trustor may be the nominal party in such
<br />proceeding, but Lender shall be entitled tp participate in the proceeding and to be represented in the proceeding by counsel of its own
<br />choice, and Trustor will deliver or pause to be delivered to Lander such instruments and documentation as may be requested by
<br />Lender frpm time to time to permit such participation.
<br />Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or
<br />purchase in lieu pf condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied
<br />to the Indebtedness pr the repair pr 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 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:
<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 Lender to perfect and continue Lender's lien on the Real Property. Trustor shall
<br />reimburse Lender for all taxes, as described below, tpgether with all expenses inpurred in recording, perfecting or continuing this Deed
<br />of Trust, including without limitation 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: (1) 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; (2) 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 Deed of Trust
<br />chargeable against the Lender or the holder of the Note; and 14- a specific tax on all or any portion of the Indebtedness or on
<br />payments of principal and interest made by Borrower.'
<br />Subsequent Taxes. If any tax to which this, section appljes is enacted subsequent to the date pf this Dsed 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 for an`Event of Default as
<br />provided below unless Trustor either (1) pays the tax before it becpmes delinquent, or (21 contests the tax as provided above in the
<br />Taxes and Liens section and deposits with Lender cash pr a suffipient corporate surety bond or other security satisfactory to Lender.
<br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following previsions relating to this Deed of Trust as a security agreement ors a
<br />part of this Deed of Trust:
<br />Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and
<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 6y 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 recording this Deed of Trust in the real property reoprds, Lender
<br />may, at any time and without further authorization from Trustor, file executed counterparts, copies nr reprpductions of this Deed of
<br />Trust as a financing statement. Trustor shall reimburse Lender for all expenses inpurred 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 Prpperty not affixed to the Property in a manner and at a place reasonably convenient to Truster and Lender
<br />and make it available to Lender within three (31 days after receipt of written damahd from LsnBiar-'to the-extent permitted by applicable
<br />law.
<br />Addresses. The mailing addresses pf Truster (debtor) and Lender (secured party) from which information concerning the security
<br />interest granted by this Desd of Trust may be obtained (each 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 previsions relating to further assurances and attorney-in-fact are a part of
<br />this Deed of Trust:
<br />Further Assurances. At any time, and from time to time, uppn request of Lender, Trustor will make, execute and deliver, or will cause
<br />to be made, executed or delivered, to Lender nr 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 sole opinion of Lender„ be necessary or desirable in order to
<br />.effectuate, complete, perfect, continue; or preserve 111 Borrower's and Trustor's obligations under the Note, this ^eed of Trust, and
<br />the Related. Documents, and 12) the liens and security interests created by this Deed of Trust on the .Property, whether now Awned
<br />or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writing, Trustor shall reimburse Lender
<br />fpr all costs and expanses incurred in connection with the matters referred tp in this paragraph.
<br />Attorney-in-Fact. If Trustor fails to do any of the things referred to in the preceding paragraph, Lender may do so fpr and in the name
<br />of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints Lender as Trustor's attorney-in-fact for
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