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DEED OF TRUST 2 010 O S 4 2 i
<br />Lvan No: 8O83U1 (Cpntinued) Page 3
<br />Trust, anti (b) Trustor has the full right, power, and authority to execute and dnlivar this Deed of Trust to tender.
<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 questions Trustor's title nr 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 erriit.led to participate in the proceeding and to be represented in the proceeding
<br />by counsel of Lender's own choice, and lrustar 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. Trustor warrants that the Property and Trustor's use of the Property r:ormplies with all existing applicable
<br />laws, ordinances, and regulations of governmental authorities.
<br />Survival of Promises. All promises, agreements, and statements Trustor has mach in this Deed of Trust shall survivt? the execution
<br />and delivery of this Dead of T'nast, stroll be rantinuing in nature oral shall remain in full force and effect until such time as Trustor's
<br />Indebtedness is 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 of this Deed of Trust securing the Inrlehtednass may he secondary and inferior to an existing lien. Trustor
<br />expressly covenants and agrees to pay, or see to the payment nf, the Existing Indebtedness and to prevent any default on such
<br />indebtedness, any default under the inst.rurnents evidencing such indebtedness, or any default under nny security documents for such
<br />indebtedness.
<br />No Modification. lYustor shall not enter into any rtgreement with the ftolder of any mortgage, deed of trust, or other security
<br />agreement which has priority over this C7eed of Trust by which that agreement is modified, amended, extended, or renewed without
<br />the prior written consent of Lender. Trustor shall neither request rtnr accept any future advances under any such security ayreentent
<br />without the prior written consent of Lender.
<br />CONDEMNATION. The following provisions relating to condernnafion proceedings are a part of this Deed nt l-rust:
<br />Proceedings. If any proceeding in condemnation is filed, Trust:nr 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 to participate in the proceeding and to be represented in the proceeding by counsel of its own
<br />choice, and Trustor will deliver or cause to be delivered to Lender such instruments and documertlation as may be requested by
<br />Lender from time to tirme 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 of condemnation, Lender rney at its election regclire that all nr any portion of the rteC proceeds of the award k>e applied
<br />to the Indebtedness or the repair or restoration of the Properly. The net proceeds of the award shall mean the award after prtymenl of
<br />all reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lender in connection with the condernnafion.
<br />IMPOSITION OF TAXES, FEES ANP 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 Ueed of Trust
<br />and take whatever other action is requested by Lender to perfec,k and continue L.ender's lien on the Heal Property. truster shall
<br />reimburse 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, tees, dortumentary stamps, and other charges for recording or registering this Deed nF
<br />Trust.
<br />Taxes. The following shall constitute taxes to which this section applies: 171 a specific, tax upon this type of Deed of Trust or upon
<br />all or any part of the Indebtedness secured by this Ueed of Trust; (7_) a specific tax on Trustor which Trustor is authorized or
<br />required to deduct from payments on the Indebtedness secured by this typo of Deed of Trust; 13) a tax on this type of Deed of 'T'rust
<br />chargeable against the Lender or the holder of the Nnte; and (4) a specific tax on all or any portion of the Indebtedness nr nn
<br />payments of principal and interest made by `T7usfor.
<br />Subsequent Taxes. If arty tax to which this section applies is enacted SUbSeCIUP.nt t0 the date of this Deed or 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 wither (1) pays the tax before it becorr,es delinquent, or (7_) atntests the tax as provided above in the
<br />Taxes and Liens section and deposits with Lender rash or a sufficient corporate surety bond or other security satisfactory to L.er,der.
<br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of 'TYtast as a security agreement are a
<br />part of this Deed of Trust:
<br />Security Agreement. "Tftis instrument shall constitute a Security Ayreernent to the extent any of the Property constitutes fixtures, acrd
<br />Lender shall have all of the rights of a secured party under the Uniform Camrnercial (bode as amended from time to time.
<br />Security Interest. Upon request by tender, Trustor shall take whatever action is requested by I_endnr to perfect and continue Candor's
<br />security interest in the Personal Properly, In addition to recording this Deed of "Trust in t.ha real property records, Lender may, at any
<br />time and without further authorization from Trustor, file executed counterparts, cnpias or reproductions of this Dated of Trust as a
<br />financing statement. Trustor shall reimburse lender for all expenses incurred in perfecting or continuing this security interest. Upon
<br />default, Trustor shall not remove, sever or detach the Personal Property from the Property. Upon default, Trustor shall assemble any
<br />Personal Property nut affixed to the Propeny in a manner acrd nt. a place reasonably convenient to Trustor and Lender nnrl make it
<br />available to Lender within three (31 days after receipt of written demand from Lender to the extent permitted by applicable law.
<br />Addresses. The mailing addresses of Trustor (debtor) and tender (secured party) from which information concerning the security
<br />interest granted by this Deed 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 A55URANCES; ATTORNEY-IN-FACT. The fallowing {trovisions 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, upon request of Lender, 'Trustor will make, execute and deliver, or will cause
<br />to be made, executed or delivered, to l..enrier or to Lender's designee, and when requested by Lender, CaU$P. to he filed, recorded,
<br />raffled, or rerecorded, as the case rmay he, at such tirttes and In SUCK Ofilces and places a5 Lender tttay dertlm appropriate, any and all
<br />such mortgages, deeds of trust, sec..urity deeds, security agreements, financing statements, c:ontinuatinn statements, instruments of
<br />further assurance, certificates, and other doc:urnents as may, in the SOIP. opinion of Lender, rte necessary or desirable in order to
<br />effectuate, complete, perfect, continue, or preserve (1) Trustor's obligations urtcder the Nnte, this Deed of Trust, and the Related
<br />Uorurnents, and 17) the liens and security interests are9tad by this Deed of 'trust nn the Property, whether now owned or hereafter
<br />acquired by Trustor. Unless prohibited by law or Lender agrees to rite contrary in writing, Trustor shall reimburse Lender for all CasYS
<br />and expenses incurred in connection with the tnatlers referred to in this paragraph.
<br />Attorney-in-Fact. If Trustor fails to clo any of the things referred to in the preceding paragraph, Lender may do so for and in the name
<br />of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints Leerier as Tnlstor's attorney-in fart for
<br />the purpose of making, executing, delivering, filing, recording, attd doing all other th,ir,gs 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 when due, wort otherwise performs all the obligativns imposed upon Trustor
<br />under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to
<br />Trustor suitable statements of termination of any financing stal.ernent nn file evidencing Lender's security interest in the Rents and the
<br />Personal Property. Any reconveyance fee required by law shall be paid by Trustor, if permitted by applicable law.
<br />DEFAULT. At Lender's option, Trustor will be in default under this Daad of Trust ii any of the following happen:
<br />Fraud or Material Misrepresentation. Trustor commits fraud or material misrepresentation in connection with the terms of the Nnte.
<br />Payment Default. Trustor fails to meet the repayment terms of the Note for any outstanding balanr.~. i ' ~ ~ ~~~ ~ `~,
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