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f ��` a � ` DEED OF TRUST 2 O � O O� 4 S s
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<br />such expenses will become a part of the Indebtedness and, at Lender's option, will (A) ba payabte on demand; (B) be added to the
<br />balance of the Nnt� and be apportivned amnng end be payable with any installment payments to become due during either (1) the term of
<br />any applicable insurance policy; or (2) the remaining term of the Note; or (C► 6e treated as a balloon payment which will be due and
<br />payable at the Note's maturi[y. The Deed of Trust also will secure payment of these amounts. Such right shall be in addition to all other
<br />right8 8nd remedies to which Lendar may be entitled upon befsul#.
<br />WARRANTY; DEFENSE OF TITLE. The following provisions re�ating to ownership of the Proper#y ere a part of this Deed of Trust:
<br />Title. Trustor warrants that: (a) Trustor holds good and marketable title of record to the Property in fae simple, free and clear of all
<br />liens and encumbrances other than those set forth in the Real Property description or in any titte insurance palicy, title report, or final
<br />title opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust, and (b) Trustor has the full right,
<br />power, and authority to execute and deliver this Deed of Trust to Lender.
<br />Defense of Title. Subject ta the exception in #he paragraph above, 7rustor warrants and will forever defend the title to the Property
<br />againat the lawful claims of all perspns. In the avant any actipn or prpceeding is commenced that questions Trustor's title or the
<br />interest of 7rustee or Lender under this Deed of Trust, Trustor shall defend the action at Trustor's expense. Trustor may be the
<br />nominal party in suah proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding
<br />6y counsel of Lender's own 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. 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 liepresentatinns and Werr�nties. All representations, warranties, and agreements made by Trustor in this Deed of Trust
<br />shall survive the execution and delivery of this �eed of Trust, shall be continuing in nature, and shall remain in full forca and effect
<br />until such time as Trustor's Indebtedness shall be paid in full.
<br />CONDEMNATION. The follpwing provisions relating to condemnation proceedings are a part of this Deed of Trust:
<br />Proceedings. If any proceeding in condemnation is filed, Trustor shall prpmptly notify Lender in writing, and Trustor shall promptly
<br />take such steps as may be necessary ta defend ths actipn and obtain the award. Trustor may be the nominal party in such
<br />proceeding, but Lender shall be entitled tn 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 documentation as may be raquested by
<br />Lender from 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 pr
<br />purchase in lieu of 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 or the repair or restoration of the Property. The net proceeds of the award shall mean the award after peyment of
<br />all reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lender in connection with the condemnation.
<br />IMPOSITIqN QF TAXES, FEES ANa CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental
<br />#exes, faas and charges are a part of this D9ed af 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, 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 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 Trustor which Trustvr is authorized or
<br />required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (31 a tax on this type of Deed of Trust
<br />chargeable against the Lender or the holder of the Note; and (4) a specific tax on all pr any portion of the Indebtedness or on
<br />peyments of principal and interest made by Trustar.
<br />Subsequent taxes. If any tax to which this section epplies is enacted subsequent to the date of this Deed of Trust, this event shall
<br />have the same effect as an Event of Default, and Lender may exercise any pr all pf its availa6le remedies for an Event of Default as
<br />provided below unless 'Trustor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the
<br />Taxes end Lisns section and deposits with Lender cash or a sufficient corporata surety bond or other security satisfactory to Lender.
<br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreemant are a
<br />part of this Deed af 7rust:
<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 by Lendsr, Trustor shall take whatever action is reques#ed by Lender to perfect and continue Lender's
<br />security interest in the Rents and Persanal Property. In additipn to recording this Deed 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 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 convenient to Trustor and Lender
<br />and make it available to Lender within three (31 days after receipt of written demand from Lender to the extent permitted by applicable
<br />law.
<br />Addressas. The mailing addresses of Trustor (debtor) and Lender (secured party) from which information concerning tha security
<br />interest granted by this Deed of Trust may be abtained (eaoh as required by tha Uniform Commercial Code) are as stated on the first
<br />page of this Deed of Trust.
<br />FURTHER ASSURANCES; ATTORNEY-IN-PAGT. The following provisions relating to further assurances and ettomey-in-fact ara a part of
<br />this Deed af 7rust:
<br />Further Assursnces. At any time, and from time to time, upon request of Lender, Trustor will make, execute and deliver, or will cause
<br />to be mede, executad or daliverad, to Lander vr to Lender's designee, and when requestad by Lander, 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 v#her documents as may, in the sole opinion of Lender, be necesssry pr desirable in order to
<br />effectuate, complete, perfect, continue, or preserve (1) Trustor's obligations under the Note, this Deed of Trust, and the Related
<br />Documents, and (2) the liens and security interests created by this Deed of Trust as first and prior liens on the Property, whether
<br />now owned or hereafter acquired by Trustor. Unless prohibited 6y law or Lender agrees to the contrary in writing, Trustor shall
<br />reimburse Lender for all costs and expenses incurred in connection with the matters referrad to 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 for and in the name
<br />of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevpcably appoints Lender as Trustor's attorney-in-fact for
<br />the purpose of making, executing, delivering, filing, recprding, and daing all other things as may be necessary pr 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 otherwise
<br />performs all the obligations imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to 7rustee s request for full
<br />reconveyance and shall execute and deliver to Trustor suitable statements nf termination of any financing statement on tile evidencing
<br />Lender's sscurity interest in the Rents and the Personal Property. Any reconveyance fee required by law shall be paid by Trustor, if
<br />permitted by applicable law.
<br />EVENTS OF DEFAULT. Each of the following, st Lsnder's optian, shall constitute an Event of Default undar this Daed of Trust:
<br />Payment Default. Trustor fails to make any payment when due under the Indebtedness.
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