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' DEED OF TRUST 2 O 1 O U� E 9 O
<br />(Cantinued) Page 3
<br />apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance
<br />pplicy; or (2) the remaining term of the Note; or (C) be treated as a ballopn payment which will be due and payable at the Note's
<br />meturity. The Deed pf Trust siso will secure payment of these amounts. Such right shall be in addition to ell other rights and remedies to
<br />which Lender may be entitled upon Default.
<br />WARRAN7Y; D�FENSE QF TI7LE. The following provisions relating to ownership of the Property are a part of this Deed of Trust:
<br />Title. Trustar warrants that: (a) Trustor holds good 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 nr in the Existing Indeb#adness section below or in
<br />any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Deed af
<br />Trust, and (b) Trustor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender.
<br />Defense of Title. Su6ject 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 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 procaeding
<br />by counsel of Lender's own choice, and Trustor will daliver, 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. 7rustor warrants that the Property and Trustor's use of the Property complies with all existing applica6le
<br />laws, ordinences, and regulations of governmental authorities.
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<br />3urv7val of Reprasentations and Warranties. Aif representations, werranties, end agreements mede 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 force and effect
<br />until such time as Trustor'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 of this Deed of Trust securing the Indebtedness may be sacondary and inferior to an existing lien. Trustor
<br />expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness snd to prevent any default on such
<br />inde6tedness, any default under the instruments evidencing such indebtedness, or any default under any security documents for such
<br />inde6tedness.
<br />No Modification. Trustor shall not enter into any agreement with the holder of any mortgege, 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 neither request nor accept any future advances under any such security agreement
<br />without the prior written consent af l.ender,
<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 prqmptly
<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 daliver or cause to be delivered to Lender such instruments and documentation as may be requested by
<br />Lender from time to time to permit such p9rtiCipatian.
<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 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 payment of
<br />all reasonable costs, expenses, and attorneys' fees incurrad by Trustee or Lender in cannection with the condemnation,
<br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMEN7AL AUTH�RITIES. 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 Lak�. �rhatever other action is requested by Lender tp perfect end cvntinue 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 beed of 7rust; (2) a specific tax on Trustor which 7rustor is authorized or
<br />required to deduct from payments on the Inde6tedness secured by this type of Deed af Trust; (3) a tax on #his type of Deed of 7rust
<br />chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indeb#edness or vn
<br />payments of principal and interest made by Trustor.
<br />5ubsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall
<br />haue 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 balow unless Trustor either (9) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the
<br />Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender.
<br />SECURITY AGR�EMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a
<br />part of this Deed of Trust:
<br />Security Agreement. 7his 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 />5ecurity 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 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 shail 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 aftixed to the Property in a manner and a[ a place reasonably convenient to Trustor and Lender
<br />and make it available to Lender within three (3) 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 intormation concerning the security
<br />interest granted by this baed of Trust may be obtained (each as required by the Uniform Commercial Code) are as s[at�d arti the first
<br />page of this Deed qf Trust.
<br />FURTWER ASSURANCES; A77pRNEY-IN-FACT. The following provisions 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 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 Lander may deam appropriate, any and all
<br />such mortgages, deeds ot trust, security deeds, security agreements, financing statements, continuation statements, instruments of
<br />further assurance, certificates, and athar documents as may, in the sole opinion ot Lender, be necessary or desirable in order to
<br />effectuate, epmplete, perfect, continue, or preserve (1) Trustor's obligations under the Note, this Deed of Trus[, and the Related
<br />Documents, and (2) the liens and security interests created by this Deed of 7rust on the Property, whether now owned or hereafter
<br />acquired by Trustor. Unless prohibited by Isw pr Lender agrees to the contrary in writing, Trustor shall reimburse Lender fbr all costs
<br />and expenses incurred in connection with the matters referred to in this paragraph.
<br />Attorney-in-Fact. If 7rustor 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 irrevocably appoints Lender as 7rustor's attorney-in-fact for
<br />the purpose of making, executing, delivering, filing, recording, and doing all pther things as may be necessary or desirable, in Lender's
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