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<. �,�,� �,�,, a DEED OF TRUST 2 010 0'7 8 9 2
<br />� (Continued)
<br />Page 3
<br />repayment by Trustor. All such expenses will becamc: �i p�art o( thq Indebtedness 3nd, t3t Lender's option, will (A) be payahle on demand;
<br />(B) be �added to the b��lance o( thq Note and be apporiipned among and be payable with any instaliment payments to becornE� C�ue c9urin,y
<br />either 11) the torm ai any applicable in5urance policy; or (2) the remaining term o( the Nnte; or (C) be trpated as a ballpon p�yment
<br />which will be due and payable at the Note's m�lurity. The Deed of Trust also will sc;cure payment oi these amounts. The rights providod
<br />for in this paragraph shall be in addition lo any ather rights ar any remedies to which Lender may pe entitled pn account of �jny default.
<br />nny such �ac:tion by �.ender sh��ll not be consirued as curing rhe default so as ta bar Lender tram any remedy that it otherwise would have
<br />ti��ci.
<br />WARRANTY; DEFENSE OF 717LE. The (ollowing provisions relAting to ownership of the Praperty ar� A pArt of this Deed of Trust:
<br />Titlo. Trustor warrants that: (a) Trustor holds good a3nd marketable title of record to the Property in fee simple, frec and clear of all
<br />liens ��nd encurnbrrances ofhor than thpsc� set forth in thc Real Prpperiy description or in any tiile insurance policy, title report, or final
<br />title opinion issued in favor pf, and pccepted by, Lender in connectian with this beod of Trust, and (b) T�rustor has the full right,
<br />power, and awthority to oxecute and deliver this Deed of 7rusY to Lender.
<br />Defense of Title. Subject to the excoptipn in the paragraph abqve, 7rustor warrsants and will torever defend the title to the Pr�perty
<br />against the lawful claims ot ��II persons. In the event any acfion or procec�ding is commenced t'hat queslions Trustor's tidt; pr the
<br />interest of Trusteo or Lender under this Depd pf Trust, Trustor shall defend the aclian at Trustor's axpense, Trustor may be the
<br />nominal parly in such proceeding, but Lender shall be �ntitled ta participate in the proceeding and to be represanted in the proceeding
<br />by counsel ot Lender's own ch�ice, eind TrusCC�r will deliver, or cause to be delivered, [o Lender such instruments as L.ender may
<br />request frpm time to time to permit such partieip
<br />Compliance With Laws. Trustar warrants th3t the Property and Trustor's use c�i the Properry complies with �II existing applicable
<br />le�ws, ordinances, ��nd regulations of gnv�;rnmental authorities.
<br />Survival af promises. All promises, agreements, and sratements Trustor has made in this Deed of Trust shall survive the execution
<br />and delivery of this Deed of Trust, sh�all be continuing in nature �and shall remain in full force �nd offect until such time as Trustor's
<br />Indebtec�ness is p�3id in full.
<br />CONDEMNA710N. The following prpvisions ralaling tp cqndemnatiqn proceedings are a part of this Deed of Trusi:
<br />Proceedings. If any proceeding in condemnation is filed, Truslor shall prompdy no[ify Lcnder in wriling, and Trustor shall promptly
<br />f�ake such steps ��s m�ty bt: npcess�ry To defend the action and ppl�3in iho aw�3rd. Trustor may be the nominal pc�rty in such
<br />proceeding, bui Lender sh<'all be entitled tq pt�rticipate in the procGeding nnd to 6e represented in the proceediny by counsel of Its awn
<br />choice, and Trustor will dpliver or cause to be delivered to Lendor such instruments and documentation as rn�3y be; re;qu�:sted by
<br />Lender trom time to time to permif such participt�fion.
<br />Application of Net Proceeds, If all or any part o( the ProperYy is cvndemned by eminent dnmain proceedings pr by ��ny procpeding or
<br />pureh�ase in lieu of condemn�tion, Lendar m�y at its election require that all or any portion af the net proceeds of the �wArd pe appliad
<br />to lh�: Indebtedness ar lhe rapair or restaratipn oi the Property. The nel' proceeds of the �ward shall mean the award attar payment qt
<br />all reaspnablo costs, expenses, and atiorneys' tees incurred by 7rustee or Lender in connection with the condemnation.
<br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHQRITIES. The (ollowing provisions rolating to gvvernment�al
<br />taxes, icos and charges are a part of this Deed of Trust:
<br />Current Taxes, Fecs and Charges. Upon request hy Lender, Trustar sh�ll exqcute such documents in addition to this Deed of 7rust
<br />and take whatever other action is requested k�y Lender co perfect and continue Lender's lien on the Real Prnperty. Trustor shall
<br />reimburse Lender ior all taxes, as described below, together with all expenses incurred in recordiny, perfectiny or continuiny this Deed
<br />o( 7rust, in�ludiny wifh�ut limitation t�ll t��xes, fees, documpntt�ry st��mps, and other ch��rgcs ipr recordiny or registering fhis Deed of
<br />TruSt.
<br />7axes. The ipllpwiny shall constitute taxc�s [o which this sectian applies: (1) �:�pecitic t'ax upan this typn of peed of Trust or upon
<br />��II pr any p�rt pi thq Indebtedness secured by fhis de�d of Trusi; (2) a specific tax on Trustor which 7rustor is authorized or
<br />required to deduct trom payments on Ihe Ind¢:btedness secured by this type of Ueed of TruSt; (3) a teax on this lype ot Uc�ed <�t �frust
<br />charyeable ayainsi the l ender or �h�; holder of the Note; and (4) a specific tax on all or �ny portian oi th�� Indebtec9nc;ss or on
<br />payrnenis c�( principal and intprest mt�de 6y Truscor.
<br />5ubsequent Taxes. If any tax to which this section ap(�lies is enacted subsequent to the datc of this Deed of Trusi, this �vent shall
<br />h�ave the same eiiect as an Lvent of Default, and Lender may exercise any or all ot its av��ilable remedies tor an �vent of Deiault as
<br />prvvided below unless Trustor either (1) pays the tax k�efore it becomes dalinquent, or (2) contests the tax as provided abovc� in the
<br />7axes and Liens section and deposits with Lender cash or a sufficient corporate surety bonc� or oYher security satisfactory to Lender.
<br />SECUFiITY AGR��M�NT; FINANCING S7A7EM�N7S. The following provisions relating ta this Deed ot Trust as a sacurity agreement are a
<br />part of this Deed ot Trust:
<br />5acurity Agreement. 7his instrument shall cnnstitute a Security Agreement to the extent any o( the Property constitut�s fixtures, and
<br />l.ender shall have all �f the rights o( a secured ���rfy under the Unifarm Commereial Code 3s �mended irom time io time.
<br />Sacurity Interest. Upon requeat by L�nder, Truswr shi�all take whatever action is requestf:d hy Lender to per(ect and continue l.r;nder's
<br />security incerest in fhe Personal Proporty. In addition to recprding this De�:d of Trusi in the re��l property records, L��ndc;r m�iy, at a�ny
<br />time t�nd withoul (urther authprizatiqn trom Trustar, file executed c4untorparts, cppies or reproductions of this peod pf Trust as a
<br />financing 5lalement. Trustor shail reimburse Lendar tor all expenses incurred in pertecting or continuing this 5ecurity interest. Upon
<br />default, rrustor shall not remove, sever or detach the Personal Property from the property. Upon default, 7rustor shall assemble any
<br />Personal Property not aftixed to the Property in a manner and at a plece reasonably convenient to 7rustor �nd Lender and mtake it
<br />�aveiil�ble to Lender wichin three (3) d��ys aher receipc o( wricten demand irom Lender to the extent permitt�d t�y applicahlo law.
<br />Addressas. The mailing addresses o( 1'rustor (debtor) and Lender (secured party) frpm which information concerninc� the security
<br />interest granted by this Deed o( Trust may be obtaincd (eaeh as required hy the Unitorm Commercial Code) are as stated on the tirst
<br />page of this Dec;d oi Trust.
<br />FUR7HER ASSURANCES; A7TORNEY-IN-FACT. The following provisinns relatiny to further assurances and attorney-in-fact are a part ot
<br />lhis Deed ai Trust:
<br />Furthor AssurancQS. At �ny time, �nd from time ta time, upon request of l.ender, Trustor wiii make, execute and delivor, or will cause
<br />fo be made, executed or delivered, to Lender or to Lender's designse, and whan roquestod by Lender, causa tq bo filed, recprdad,
<br />refiled, or rereeorded, �s the case may be, t�l such iimes tind in such offices and places as Lender may deem eppropriate, any and all
<br />such mprtgt�ges, deeds qf trust, sacurity deods, security agreements, fint.incing statements, cpntinuation stat�monts, instruments of
<br />turther assurence, certit'icates, and olher documents as may, in the sole opinion of Lender, be necessary or desirable in order to
<br />�if�ctuate, compl�te, perfec;t, c�ntinue, nr preserve (1) Trustor's obligtations under the Note, this [Jeed of Trust, and the Related
<br />Dc�curne;nts, ��nd 12) the liens �nd ser,urity intc.rests creat�d by chis De��d of Trust as (irst aind prior liens on the Prc�perty, wherher
<br />now awned �r her�a�i(t��r acquired by Trustor. Unless prohit�ited by law or Lender �agrces ta che cantrary in writinq, Trus�or sh�311
<br />reimburse Lender for all cpsts and expenses incurred in connectiqn with the matiers rett�rred to in this paragraph.
<br />Attomey-in-Fact. If Trustor (ails ta do �ny ai the things raferred to in the preceding paragraph, Lender m�y do sa for �nd in thc; n�mc
<br />of Trustor and aY Trustpr's c�xpense. Fpr such purposes, Trustor hereby irrevpcably appoints Lender as - f'rustor's attorney in fact for
<br />the purpose ot makiny, executiny, deliveriny, (ilin,y, recordiny, and doing �all other thing5 ��s may be necessary or desirable, in l ender's
<br />sole opinion, to t�ccomplish the mattQrs reiprred to in the prqcedirig p�ragr��ph.
<br />FULL PERFQRMANCE. li Trustor pays all the Indebtedness, including without limitation all future advances, when due, and qtherwise
<br />pc;rforms �311 ihe ok�liyationti imposed upon Trustar undpr thi;: Doed o( Trust, Lend[:r 5hall execu�e and delivcr to Trusiec: a requc;s� ipr full
<br />reconvey�nce and shalt execute and delivcr to Trustor suitt�ble statements ai termination pf any tinancing statement on file evidenciny
<br />l_ender's security interest in the Rents and lhe f'ersonal Property. Any reconveyance fee required by law shall be paicJ by Trustor, if
<br />K�ormiCied by applicablc Iraw.
<br />EVENTS OF DEFAULT. At Lender's option, Trustor will be in deiaulr under this Deed of Trust if any of the (ollowing happen:
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