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<br />"''�' ' D�ED OF TRUST
<br />Loan No: 808314 (Con#inued)
<br />Page 3
<br />interest of Trustee or Lender under this beed of Trust, Trustnr shall dafend the action at Trustor's expense. Trustor may be the
<br />nominal party in such proceeding, but L.ender shall be entitled to perticipate in the proceeding and tn be represented in the proceeding
<br />by counsel ot Lender's own choice, and Trustor will deliver, or cause to 6e 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 />Iaws, ordinances, and regulations of governmental authorities.
<br />Survival of Promises. All promises, agreements, and statemsnts Trustor has made in this Desd of Trust shall survive the execution
<br />and delivery of this Deed of Trust, shall be continuing in nature and shall remain in full force and effect until such time as Trustor's
<br />indebtedness is paid in full.
<br />CONDEMNATION. 7he follvwing provisions relating to condemnation proceedings are e part of this peed 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 staps 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 ta 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 requested by
<br />Lender frpm time to time to psrmit such participation.
<br />Application af Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding nr
<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. 7he net proceeds of the award shall mean the award after payment of
<br />all reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lender in connection with the condemnation.
<br />IMPQSITION OF TAXES, FEES AND CHARGES BY G�VERNMENTAL AUTMORITIES. The following provisions relating to governmental
<br />taxes, fees and charges are a part of this Deed of Trust:
<br />Current Taxes, Faes and Charges. Upan 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 continua Lender's lien on the Real Property. Trustor shall
<br />reimburse L.ender far 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 peed of trust; (2) a specific tax on Trustor which Trustor is authorized or
<br />required to deduct from payments on the Indebtedness secured by this type of beed af Trust; (3) a tax an this type of Deed of Trust
<br />chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on
<br />payments of principal and interest made 6y Trustor.
<br />Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date af this Deed of Trust, this event shall
<br />have the same effect as an Event of Default, and Lender may exerciss any or atl of 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 and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other sscurity satisfactory to Lender.
<br />SECURITY AGREEM�NT; FINANCING STATEMENTS. The following provisions relating to this beed of Trust as a security agreement are a
<br />part of this peed of Trust:
<br />Security Agreement. This instrument shall constitute a 5ecurity 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 Cade as amended from time to #ime.
<br />Sacurity Irrtereat. Upon request by Lender, Trustor shall take whatever action is requested by Lender to perfect and continue Lender's
<br />security interest in tha Personal Property. In additivn to recording this Deed of Trust in the real property records, Lender may, at any
<br />time and without further authorization from 7rustor, file executed counterparts, copies ar reproductions of this Daed of Trust ss a
<br />financing statement. Trustor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upan
<br />default, Trus#or shall not remove, sever nr dstach the Personal Property from the Property. Upon default, Trustor shall assemble any
<br />Personal Property not affixed to the Property in a manner end at a place reasonably convenient to Trustor and Lender and make it
<br />available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law.
<br />Addresses. The mailing addresses pf Trustor (debtor) and Lender (secured party) from which information concerning the security
<br />interest granted by this peed of Trust may be obtained (each as required by the Uniform Cvmmercial Code) are as stated on the first
<br />page of this Deed of Trust.
<br />FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further essurances and attorney-in-fact are s part of
<br />this Deed pf Trust:
<br />Further Assurdnces. At any time, and from time to time, upon request of Lender, Trustor will make, execute and deliver, or will cause
<br />to be mads, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded,
<br />refiled, or reracorded, 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 vf
<br />further assurance, certificates, and other documents as may, in the sola opinion of Lender, be necessary or 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 pf Trust as first and pripr liens on the Property, whether
<br />now owned or hereafter acquired by 7rustor. Unless prohibited by 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 referred to in this paragraph.
<br />Attorney-in-Fact. If Trustor feils ta do any of the things referred to in the preceding paragraph, Lender may do so for and in the name
<br />of Trustpr and at ?rustor's expense. For such purposes, Trustor hereby irrevocably appoints Lender as Trustor's attorney-in-fact for
<br />the purpose of making, executing, delivering, filing, recording, and doing all other things as may ba necessary or desirable, in Lender's
<br />sole opinion, to accnmplish the matters referred to in the preceding paragraph.
<br />FUI.L PERFORMANCE. If Trustor pays all the Indebtedness when dus, and otherwise performs all the obligations imposed upon 7rustor
<br />unde� 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 statement on file evidencing Lender's security interest in the Rents and the
<br />Personal Property. Any reconveyance fee required by law shall be paid by 7rustor, if permitted by applicable law.
<br />EVENTS OF DEFAULT. At Lender's option, Trustor will be in defauit under this Deed of Trust if any of the following happen:
<br />Payment Default. Trustor fails to make any psyment when due under the Indebtedness.
<br />Break Other Promises. Trustor breaks any promise made to Lender or fails to perform promptly at the time and strictly in the manner
<br />provided in this peed of Trust or in any agreement related to this Deed of Trust.
<br />Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed nf Trust, the Note
<br />or in sny of the Related Documents.
<br />Default qn Qther Payments. Failure of Trustor within the time required by this Deed of Trust to make any payment for taxes or
<br />insurance, or any other payment necessary to prevent filing of 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 />agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Grantor's property or
<br />Grantor's ability to repey the Indebtedness or Grantor's ability to perform Grantor's obligatinns under this peed of trust or any of the
<br />Related Dpcuments.
<br />False Statements. Any representation or statement made or furnished to Lender by Trustor or on Trustor's behalf undar this Deed of
<br />Trust or the Related Documents is false or misleeding in any material respect, either now or at the time made or furnished.
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