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;' ; � d` �" DE�D OF TRUST c+ � ry ry
<br />(Cantinu�d) ,G O 1 O U(�1 9( Page 3
<br />laws, ordinances, and regulations of governmental authprities.
<br />Survival qf Representations and Warranties. All representations, warranties, and agreements made by 7rustor in this Dead of Trust
<br />shell survive the execution and delivery of this (]eed of Trust, shall be continuing in nature, and shall remain in full fprce and effect
<br />until such time as Trustor's Indebtednesa shall be paid in full.
<br />CONDEMNATIpN. The following provisions relating to condemnatipn proceedings are a part of this pesd 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. 7rustor may be tha nqminal party in such
<br />proceeding, but Lender shall be entitled to participate in [he 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 I»ender such instruments and documentation as may be requested by
<br />Lender from time tp time to permit such participation.
<br />Application of Net Proc�eds. If all or any part of the ProperCy is condemned 6y 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 proceads af the award be applied
<br />to the Inde6tedness or the repair or rastoratipn 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 l.ender in connection with the condemnation.
<br />IMPOSITIpN OF TAXES, FEES AND CHARG�S BY GOVERNMENTAL AUTHORITIES. The following provisipns relating to gpvernmental
<br />taxes, fees and charges are a part of this Deed of Trust:
<br />Current Taxes, Fees and Charga�. Upon request by Lender, Trustor shall execute such documents in additian to this Deed of Trust
<br />and take whatever ather action is requested 6y Lender to perfect and continue Lender's lien on the Real Property. Trustor shall
<br />reimburse Lender for ell taxes, as described below, together with all expense& incurrad 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 pert pf the Indebtedness secured by this Qeed af Trust; (2) a specific tax on Trustor which Trustor is authorized oc
<br />required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (3) a tax on this type of Deed vf Trust
<br />chargeable against the Lender or the holdar of the Note; and (41 a specific tax on all or any portion of the Indebtedness or on
<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 af Trust, this event shall
<br />hava the same effect as an Event of Default, and Lender may exerciae any or all of its available remedies for an Event of Default as
<br />provided below unless Trustor either (1) pays the tax befqre it becpmes delinquent, or 12► contests the tax es provided abnve in the
<br />Taxes and Liens section and depasits with Lander cash or a sufficient corporate surety bond or othar securiky satisfactory tq Lender.
<br />SECURITY AGR�EMENT; FINANCING Sl'ATEMENTS. The following prpvisions relating to this Deed of Trust as a security agreament are a
<br />part of this Deed of Trust:
<br />Sacurity Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and
<br />Lender shall have all of [he 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 aotion is requested 6y Lender to perfect and continue Lender's
<br />security interest in the Rents and Personal Proparty. In addition to recording this Deed of Trust in the real property records, Lender
<br />may, at any time and without further authorization frpm Trustor, file executed counterparts, copies or reproductions of this Desd of
<br />Trust as a financing statement. Trustor shall reimburse Lender for all expenses incurred in parfecting or epntinuing this security
<br />interest. Upon default, Trustor shall not remove, sever or dstach 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 Lendar
<br />and make it available to Lender within thres (3) days after receipt of written demand from Lender to the axtent permitted by applicable
<br />law.
<br />Addresses. 7he mailing addresses of Trustor (debtor) and Lender (secured party) from which infprmatipn concerning the security
<br />interest granted by this Deed af Trust may be obtained leach as required by the Uniform Commercial Code) era as stated on the first
<br />page of this I�eed of Trust.
<br />FURTHER ASSURANCES; ATTORNEY-IN-FACT. The fpllpwing prqvisions 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, Trustar 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 Lendar, cause to be filed, recorded,
<br />refiled, or rerecorded, as the case may be, at such times and in such offices and places as l.ender may dasm apprppriate, any and all
<br />such mortgages, deeds of trust, security deeds, security agraements, tinancing statements, continuation statements, instruments of
<br />further assurance, certificates, and other documents as may, in the sole opiniqn pf Lender, be necessary or desirable in order to
<br />effectuate, complete, perfect, cantinue, or preserve (1 � Trustor's obligations under the Note, this Deed of Trust, and the Related
<br />qocuments, and (2) the liens and security interests created by this Deed of Trust as first and prior liena an the Prpperty, whether
<br />now owned or hereaftar acquired by Trustor. Unless prohibited by law or Lender agrees to the cpntrary in writing, Trustar shall
<br />reimburse Lender for all costs 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 axpense. Fpr such purposes, 7rustor hereby irrevocably appoints L.ender as Trustor's attorney-in-fact fvr
<br />the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necassary vr desirabls, in Lender's
<br />sole opinion, ta accomplish the matters referred to in the preceding paragraph.
<br />FULL PERFORMANCE. If Trustor pays all the Indebtedness when due, and otherwise perfprms all the obligations imppsed upon Trustor
<br />wnder this Deed of Trust, Lender shall execute and deliver to TrusCea a request for full reconveyance and shall execute and deliver to
<br />Trustor suitable statements of terminatipn af any financing statement on file evidencing Lender's security interest in the Rents and the
<br />Personal f'roperty. Any reconveyance fee required by law shall be paid by Trustvr, if permittsd by applicable law.
<br />EVENTS OF DEFAUL7. Each of the following, at Lender's option, shall constitute an Event of Default under this (7eed of Trust:
<br />Payment Default. 7rustor fails ta make any payment when due under the Indebtedness.
<br />Othar Defaults. Trustor fails to comply with or to perform any other term, pbli�ation, covenant or condition contained in this Deed of
<br />Trust or in any of the Related pacumBnts or tq comply with or to perform any term, obligation, covenant or condition contained in any
<br />other agrsement betwesn Lender and Trustor.
<br />Compliance Default. Failure to comply with any other term, obligation, covenant or conditian contained in this Deed of Trust, the Note
<br />or in any pf the Related Documents.
<br />Default an Qther Payments. Failure of Trustor within the time required by this Deed af Trust to make any payment for taxes or
<br />insurance, or any other payment nscsasary to prevent filing qf or to effect discharge of any lien.
<br />Default in Favor of Third Parties. Should Grantor default under any loan, extension of credit, security agreement, purchase or sales
<br />agreemant, pr any other agreement, in favor of any other creditor or person that may materially affect any qf Grantor's praperty pr
<br />Grantor's ability to repay the Indebtedness or Grantor's ability to perform Grantor's obligations under this Deed of Trust ar any of the
<br />Related Documents.
<br />False 5tatements. Any warranty, representation or statement made or furnishad tv Lander 6y Trustor or on Trustor's 6ehalf under this
<br />peed of Trust or tha Related Documents is false or misleading in any material respect, either now or at the time made or furnished or
<br />becomea false pr misleading at any time thereafter.
<br />�efective Collateralization. This Deed of Trust or any of the Related Documents ceases ta be in full force and effect (including failure
<br />of any collateral document to craate a valid and perfacted security interast ar lien) at any time and for any reason.
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