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<br />DEED OF TRUST
<br />Loan No: 872058A87 (Cantinued)
<br />2oioo7�5�
<br />Page 3
<br />balance of che Credit f�greerYient and be appnrtioned amqng and be payable with any installment payments to becorne due during either (1)
<br />tf7e term o( any �pplir.able insuranr,e policy; or (2) the remaining term of the Credit �greement; or (C) f)P, [ra�tP.Ci as a balloon payment
<br />which will be due and payable at the Credit Ayreement's maYGirity. T'he UP..P,II oF Trust also will SP.GUrP, payment of these amounts. The
<br />rights provid�d for in this parayraph shall be in adtlition to ar7y other rights or �ny rernedies tn whir,h Lender may be entilled on account of
<br />any default. l�ny such ection by Lender sh�ll not be construed as curing the deTault so as to bar Lender from any remedy that it oth�rwise
<br />would have had.
<br />WARRANTY; DEFENSE AF TITI.�. ThP Tollpwing provisions relating to ownership of the Property are a part of this Deed of Trust:
<br />Title. l'rustor warrants thar. (a) Trust:or holds go�ci and marketahle title nf record to the Prnperty in fee simpl�, free �nd clear nf all
<br />liens and encumbrances ol.her than those s�t forth in the Real Pro�erty dascription nr in the Existing Indehtedness section below or in
<br />any title irtsurance polir.y, title report, or Tinal title opinion issued in favor of, and accepted by, Lender in connection with this Dred of
<br />Trust, and (b) Trustor has the full right, power, and authority to exer,ufe and deliver tfiis peed tif Trust t[� l.ender.
<br />Defense of Title. Suhject tn the exr.eption in the paragraph a6ove, Trustor warrants and will torever defend the title to the Property
<br />against the lawful claims of all p�rsons. In the event any ar,tinn or proce?din,y is comrnencr;d th�af ques[ions 'frus[or's title or the
<br />interest of Trustee or Lender under this [)eed c�f Tr�.ist, Truslnr shall defand tl7e �r,tinn �t Trustor's expense. Trusl'or rriay be lhe
<br />nominal party in such proceeding, but Lender shall he entill�d Lo p�rticip�te in th� prqceeding �nd to be represented in the proceediny
<br />by counsel of �.er7der's own chnir,e, �nd Trustnr will deliver, or c�use to be delivered, to Lender such instruments as Lender may
<br />request from time to time to permit such �:�articipation.
<br />Compliance With Laws. 1'rustor warrants that the Property and Trustor's use of the Property compliPS with all existing applicable
<br />laws, ordinances, and regulations of yqvernirient�l authorities.
<br />Survival of Promises. All promises, ac�reernents �nd s1alFrnants 'Trustnr has made in khis Ue�d n( Trust sh�ll survive tha executinn
<br />end delivery of this Ueed ni Trust $I1BII r)P, continuing in natur� and shall remain in full force and e(Tect until such time as Trustnr's
<br />Indebtedness is paid in full.
<br />EXISTING INDEBTEDNESS. The following provisions r..oncerning Existing Indebtedness are a part of this f.)eed of �I rust:
<br />Existing Lien. 7he lien of this Deed o( Trias[ securing th� Indeht�dness may bQ secondary anrJ inierior to an existing lien. Trustor
<br />expressly covenancs and agrePS to pay, or ser to the payrnent of, the Fxisfin3 Indek�tedness and to prevenc ar7y default or� such
<br />indebtedness, any defeult Uf1CIF:( YIIF. IIlSYfUI71P.l1t5 BVI(�@f1Clf1C� SIICfI If1CIBI)TP.f.If1�55, Of �fl�/ (IP•�.'�UII U(1(�P,I' B�1�1 $P,CUI"IIy fI0CUf110f1I5 IOf SUCII
<br />indehtedness.
<br />Nq Modification. Trustor shall not enter into any ac�reement with the hold?r of any mortyage f�P.P,(� qf trust, or other security
<br />agreement which has priority over this f]eed of "f'rust hy which tfiat acareement is rtiodi(ied, amended, extended, or renewed without
<br />the prior written consont of Lender. '1'rustor shall r7either request nor acc?pt any fulure advances uncler any s�ich security agreernent
<br />without the prior written cor�sen[ nf Lender.
<br />CONDEMNATION. The following provisions relating to cnndemnation pror.eedinys are a part nf ll�is Deed of Trust.;
<br />Prpceedings. If any proceeding in condemnation is filed, 'Trustbr shall prorriptly notify L.ender in writing, arid T'rustor shall prorriptly
<br />take such steps as may be necess�ry to defend the aclion and qhrain the �ward. TYustor may h� tfie nomin�l parly in stach
<br />proceeding, but Lender shall be erititled to partir,ipa�e in t.fie prnceedinq and to h� represented in the proceeding by counsel of its own
<br />choice, and Trustor will deliver pr cause to be dc�livered to L�nder such instruments and documentation as rnay be requ�sted hy
<br />Lendcr from time to time to permit such participation.
<br />Application of Net Proceeds. If all or any part of the Prn�erty is condemned by eminent dornain pr[�ceedin,'ys or hy any pror,eeding or
<br />purchase in lieu of condemn2tinn, Lender rr�ay 2t its election require th�t �II or any portipn of tha net pror,e�ds of the �ward he applied
<br />to the Indebtedness or the repair or res�or�cion of the Prnperty. The net proca.Pds of #he aw�rd shall mean th� award after payment oT
<br />all reasonable costs, expenses, and attorneys' faes incurred by Trustee �f i.en<ier in conner.tion with the condemnatian.
<br />IMPpSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AU7MQRITIES. The followin� provisions relating to governrnental
<br />taxes, fees and charges are a part of this Deed of 'Trust;
<br />Current Taxes, Fees and Chargas. Upon request 6y Lender, Tn.�stor shall execute such docunients in eddition to this Dead of Trust
<br />and take whatever other action is rec�uested by I�ender tn perierC and r..nntinue �end�r's lien on the Real Property. frustc�r sh�ll
<br />reimhurse Lender for all taxes, as described below, to�ether with all expenses incurreci in re:cording, per'feclin�,] or continuing this Ueed
<br />bf lrust, including without limitation all laxes �P.P.S, document�ry st�mps, and othr�r r.harg�s for rer.nrding or reyisteriny fhis fJeed pF
<br />Trust.
<br />Yaxes. The followin,y sh�ll r.onstitute taxes to whir,h this section applies: (1) a speci(ic tax upon this type of Deed of Trust or upon
<br />all or any part of the Indebtedness ser.ured by this Oeed of Trust; (7._) a specific tax on '1 rustor which Trustor is authorized or
<br />required to deduct from payments on the Indebt?dness secured by this IV�P., q( �P•(;f.� [.)f T1USl; (.3) il Ii1X q�l I.f115 type of Ueed of 7rust
<br />chargeable ayainst the L.ender or the holder of the Gredit Aqrer�ment flllC� (4) 8 5�7f?CIfIC Y8X Ofl fl�� or any portinn of the Indr�htedness
<br />or on paymenYS of principal �nd interesl rr�ade by Trustpr.
<br />Subsequent Taxes. If any tax tb which this section applies is enar..ted sut�sequent to the date of this Deed of Trust, this event sh�ll
<br />heve the same effect as an Event of [)efault and I..ender m�y exerr,ise �ny or all nf i[s :��?ilahle remediPS for an �vent nf De(ault as
<br />provided below unless Trustor ?itf�er (1) pays the tax heTore it b�r.omes delinquent, or (2► contests the tax as provided ahnve in the
<br />Taxes and Liens section and deposits with Lender r,ash or a sufiicient r,nrport�t� surety bnnd or other security satisfar,tory to L�nder.
<br />SECURITY AGREEMENT; FINANCING STFITEM�NTS. Th� following provisipns relating to this Deed of Trust as a security agreement r�rP a
<br />part of this deed of Trust:
<br />Security Agreement. This instrument sh211 constilute a Security F�greernent tn thr! �xtFnk any of thc Property r.onstitutes fixture5, �nd
<br />Lender shall have all of the rights of a secured par�y under Yhe lJniForm Commercial Code �s amended from time to time.
<br />5ecurity Interest. Upon request by Lend�r, Trustor shall tal<e whatever action is requested by Lender to perfect and continue Lender's
<br />security interesc in ihP Personal Pror.�a�rty. In addition to recording this beed of Trust in che real property records, Lender may, at any
<br />time and without further authorization trbm T'rusror, file �xecuted counterparts, copies or reproductions pf this D�ed pf Trust as a
<br />financing statement. 7rustor shall reimburse Lender for all e:xpenses incurred in perfecting or continuing this security interest. Upon
<br />default, Trustor shall not remove, saver or detach the Fersonal Property from the Prnperty. Upon deFault, Trustor shail assernble any
<br />Perspnal Property not affixed to the Prnperty in a manner and �[ � place reasonably r.qnvenient to Trustor t�nd Lender and make it
<br />available to Lender within three (3) days after receipt nf written dem�nd frnm Lender to ihe exYent �ermitted 6y applicable law.
<br />Addresses. The mailing 8(�C�f855P.5 of Trustor (debtor) ar�d t_?nder (sec.ured n�rty) frnm which inf�rmation concerniny the SP,CUI'lly
<br />interest granted by this Deed of Tn.ist may he ohtained (P�r,h �s re<auired l�y the Uniform Comrnercial Code) 3re �s st�ked on t.he firsf.
<br />page of this beed of Trust.
<br />FURTHER ASSURANC�S; A7?bRN�Y-IN-FACT. The inllowin,y �rnvisions rc�laiing to further assurances and attorney-in-fact are a part of
<br />this Deed of Trust:
<br />Furtlier Assurancas. At any time and frnm tim? [o tirne, upnn reqt,iest ni L�nd�r, Trustor will m�ke, �xFCUte and dc�liv�r, or will c�use
<br />to be made, executed or delivered, to Lender or tn Lendc�r's designee, and when requested 6y Lender, cause to be filed, recorded,
<br />refiled, or rerecorded, as the r.ase mfly 6�, at such times and in such offices and plares as L.er7der rtiay deern appropriate, any and all
<br />such martgages, CIP.P.C�$ of trust, security deeds, security ayreements, fir�ancing statemPnts, cnntinuation sta(ements, insfrumenfs of
<br />further assurance, r,ertificates, and othier docurnenfs as tr�ay, in the sole npinion of Lender, he nec�ssary or desir�ble in order to
<br />affectuate, complete, perfect, continue, or preserve (1) Trustnr's nhligations under the Credit Agreement, this Deed pf Trust, and
<br />the Related Uocuments, and (7) the liens and security interests creat�d by this b�ad of 7rust on the Property, wh�ther now nwned
<br />or hereafter acquired by 'Trus[or, Unless prohibitFri by It�w or Lend�r agrees to the contrary in writing, Trustor shall reimhurse Lender
<br />fpr all costs and expenses incurred in connection with the matters referred to in this paragraph.
<br />Attorney-ir�-Fact. If Trustor fails to do any of the things r�ferred to in the prer.eding paragr:�ph, LPnder may do sq inr �nd in tYie r7arrie
<br />of Trustor and �t Trustor's expense. For such purposes, Trustor hereby irrevocahly appoints Lender as Trustor's �ttnrney-in-far,t Tor
<br />�s, � 4 rl.,,. ,�.. �
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