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o��� o� TRUST 2� 1 U U'� $ 8�
<br />L.oan*tl�,.:: 872058U95 (Co1lti�tUBd) Page 3
<br />7itle. Trustor warrants that: (a) Trustor holds good �nd marketable title of rer,ord to the Property in fee simple, free and clear of all
<br />liens and encumbrances other than those set fortl� in the Real Property description or in any title insurance policy, title report, or final
<br />title opinion issued in favor of, and accepted by, Lender in connection with this fJeed nf Trust, and (b) Trustor has the full right,
<br />power, and authority to execute and deliver this Deed of TruSt tp Lender.
<br />Defense of Title. Su6ject to thP 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 thp event any action or proceeding is commenced that questions Trustor's title or the
<br />interest of Trustee or Lender under this Deed af 7rust, Trustor shall defend the action at Trustor's expense. Trustor may be the
<br />nominal party in such proceeding, hut Lender shall be entitled to p�rticipate in the proce�ding and to be represented in the proceeding
<br />by counsel of l.ender's own choice, and Trustor will deliver, or cause t� be delivered, to Lender such instruments as Lender may
<br />request frbm time to time to permit such participatior�.
<br />Compliance With Laws. TrusCOr warrants that the Property and Trustor's use of the Property r,omplies with all existing applicable
<br />laws, ordinances, and regulations af governmental authorities.
<br />Survival of Promises. All promises, agreements, and s#atements 7rustor has made in this Dc�ed of Trust shall survive the execution
<br />and delivery pf this beed of Trust, shall be continuing in nature and shall remain in full force and effect until such tim� as Trustor's
<br />Indebtedness is paid in full.
<br />CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust:
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<br />," � Proce��fings:" 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 deTend the action and ohtain the award. Trustor may be the nominal party in such
<br />proceeding, 6ut Lender shali be erititled to pflrticipate in the prqre�ding t�nd to t�e represented in the proceeding by counsel of its own
<br />chpice, and Trustor will deliver or r,ause to be delivered to Lendar such instruments and documentation as may be requested by
<br />Lender from time to time to permit such participation.
<br />Application of Net Procseds. If �II 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 prqr,eeds of the award be applied
<br />to the Inde6tedness or the repair or restoration of the Property. The net proceeds of the award shall mc�an the award after payment of
<br />all reasonable costs, expenses, and attomeys" fees incurred by 7rustee or LPnder in connection with the condemnation.
<br />IMPOSITI�N OF TAX�S, FEES AND CHARGES BY GOVERNMENTAL AU7MORITI�S. The following provisions relatiny to yovernmentfll
<br />taxes, fees and charges t�re a pert of this Deed of 7rust:
<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 nn the Real Property. 7'rustor shall
<br />reimburse Lender for all taxes, as descrik�ed 6elow, together with all expenses inr,urred in recording, perfecting or continuing this Deed
<br />pf Trust, induding without limitation all taxes, fees, documentary stamps, and other charc�es for rer,ording or registering this Peed of
<br />Trust.
<br />Taxas. ?he following shall constitute tax�s to which this section applies: (1) a specific tax upon this type of beed af Trust or upon
<br />all or any part of the Indebtedness secured by this Peed of ?rust; (2) a specific tax on Trustor which 7rustor is authorized or
<br />required to deduct from payments on the Indebtedness secured hy this type of Deed bf Trust; (3) a tax on this type of Decd of Trust
<br />chargeable against the Lender or the holder of the Credit Agreement; and (4) a specific tax on all or any portinn of the Indebtedness
<br />or on payments of principal and interest made by 7rustor.
<br />Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of 1"rust, this event shall
<br />have the same eifect as an �vent of �efault, end Lender may exercise any or all of its available remedies for an Event of Default as
<br />provided 6elow unless Trustor either (1) pays the tax bPfore it becomes delinquent, or (2) contests the tax as provided �6ove 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 />SECl1RITY AGREEMENT; FINANCING STAT�MENTS. l"he following provisions relating to this beed of Trust as a security agreement are a
<br />part of this Deed of Trust:
<br />Security Agreetnent. This instrument shall constitute a Sar.urity Agreement tn the extent any of the Property cnnstitutes fixtures, and
<br />L�nder shall have all of the riyhts of a secured parry under the Uniform Commercial Code as amended from time to timP.
<br />Security Interest. Upnn request by Lender, Trustor shall take whatever actinn is requested by LPnder to perfect and continue Lender's
<br />security interest in the Personal Property. In addition to recordiny this f7eed of Trust in the real property rer.,ords, Lender may, at any
<br />time and without further authorization frort� Trustor, file executed counterparts, copies or reproductions of this Deed �f Trust as a
<br />financing statement. Trustor shall reimburse Lender fnr all expenses incurred in perfectin� nr continuing this security interest. Upon
<br />default, Trustor shall npt remove, sevt�r or detach the Personal Property irom the Propercy. Upvn default, Trustor shall assemble any
<br />Personal Property nnt affixed to Yhe Property in a manner and at a nlar,e reasonably convenient to Trustor and LPnder and make it
<br />available to Lender within three (3) days after receipt of written demand from Lender to tha extent permitted hy applicable law.
<br />Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which information r,oncerning the security
<br />interest granted 6y this Deed of Trust may be ahtained (each as required by the Uniform Commercial Gode.) are as stated on the first
<br />paye of this Deed of TrusC.
<br />FURTHER ASSURANCES; A770RNEY-IN-FACT. The following provisions relating to Turther assurances and attorney-in-fact are a part of
<br />this Deed bf Trust:
<br />Purther Assurances. At any tim�, and irom timP to time, upon requc:st of Lender, Trustor will make, execute and deliver, or will cause
<br />to be made, executed or delivered, to l.endar or to Lertider's designee, and when requested by Lender, cause to he iiled, recorded,
<br />retiled, or rerecorded, as the case may be, �t sucf� fimes and in such offir.es and places as Lender may deem appropriate, any and all
<br />such mortqages, dEeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of
<br />further assurance, certificates, and other documents as may, in the sole opininn nf Lender, be necessary or desirat7le in order to
<br />effectuate, complete, perfect, r,ontinue, or preserve (1) Trustor's obligations und�r the Credit Agreement, this peed of Trust, and
<br />the Related DocumenYS, and (21 the liens and security intPrests created by this Deed of Trust as first and prior liens on the Property,
<br />whether now bwned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writing, Trustor
<br />Shafl reimburse Lender for all costs and expen5es incurred in connection with the matters rPfPrred to in this paragraph.
<br />Attorney-in-Fact. If Trustor fails to do �ny of the things referred to in the preceding paragraph, Lender rnay do so for and in the name
<br />of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints Lender as Trustor's attomey-in-fact Tor
<br />the purpose of making, executing, delivaring, filing, racording, and doing all other things as may be necessary or desira6le, in Lender's
<br />sole opinion, to accomplish the matters referred to in the prececiiny p�ragraph.
<br />FULL PERFORMANCE. If Trustnr pays all the Indebtedness when due, terminates the crPdit line account, and otherwise performs all the
<br />abligations imposed upon Trustar under this f7Ped of Trust, l.ender shall execute and deliver to Trustee a request for 1«II recnnveyance and
<br />shall execute �nd deliver to Trustor suitable statements of t�rmination of nny financing statement on file evidencing Lender's s?curity
<br />interest in the Rents and the Personal Property. Any reconveyance fee required by law shall he paid by Trustor, if parmitted by applict�ble
<br />law.
<br />EbENTS OF DEFAULT. Trustor will be in defaul# under this Deed of Trust if any of the following happen: (A) Trustor commits fraud or
<br />makes a material misrepresen#ation at any time in connection with the Cradit Agreement. This can include, for example, a false statement
<br />about Trustor's income, assets, liabilities, or any other aspects of Trustor's tinancial condition. �B) Trustor does not meet the repayment
<br />terms of the Credi[ Agreement. (C) Trustor'S aci.inn or inaction adversely affects the collateral or Lender's rights in the r,ollateral. This
<br />can include, for example, failure to m�intain required insurance, waste or destructive use of the dwelling, failure to pay taxes, death of all
<br />persons liable on the account, transfer of title or sale of the dwelling, creation of a senior lien oty the dwelling without l.ender's permission,
<br />foreclosure by tk�e holder of another lien, or the use of funds or tha dwelling for prohi6ited purposes.
<br />RIGHl'S AND REMEDIES dN DEFAULT. If an Event of befault occurs under this Peed of Trust, at any time thereafter, Trust?e or Lender
<br />may exercise any one or mnre of the following rights and remedies:
<br />„'i q �!. �? ' r% �; Yi
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