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Loan No: 808334
<br />D��D OF TRUST 2 0� � � g � s'7 Pa 3
<br />(Continued)
<br />interest at the rate charyed undar the Note from the date inr,urred or p�id by L�nder to the date of repayrrient by Trustor. All sur.li
<br />expenses will ber,ome a part of the Indebtedness and, at Lender's optinn, will �/�) be payable on dernand; (B) be added to the halance nf
<br />the Note and b? apportinned among and be payable witY� any insf�llment payments to becr�rne due during eilher (1) the t�rm of any
<br />applic�hle insurance policy; or 17.) Uie rernaininq term of the Note; or (C) 6e treat.ed as � b�llnnn payment which will be due ancl payable
<br />at the Note's maturity. 7he beed of Trust aiso will secure payment of these arnounfs. The rights provided for in this paragraph shall be in
<br />addition to any other riyhts or any remedies to which Lender m:�y he entitled nn �ccount of any default. nny such ar,tion by Lender shall
<br />not be construed �s curing the default so as to bar Lender from any remedy that it otherwis? would have had.
<br />WARRANTY; DE�ENSE QF TITLE. The following provisions relafiny to owi�ership of the Properfy are � p?rt nf this Deed oi Trust:
<br />Title. ?rustor warranls that: (fl) Trustor holds yood and m:�rketable title of record to the Property in TPe simple, iree and clear of all
<br />liens and encumbranr.es other than tl�ose se[ fnrth in the Real Property description or in the Existing Indebtedness section below or in
<br />any tiUe insuranr.e policy, title report, or iinal title opinion issued in f�vnr of, and acr.epted hy, Lender in connection with this beed of
<br />Trust, and (6) Trustor has the f«II riqht, power, and authority to execute and deliver this Deed of Trust tn Lender.
<br />Defense of Title. Suhjer,t to the exception in the paragraph above, - lrustor warrants and will fnrev�r defend the title to the Property
<br />ayainsl Yhe I�wiul claims of all persons. In the event any action or �roceeding is r.orrnnenr.ed that questions 7rustor's title or the
<br />interest of Trustee or Lender under tl�is PP.P.C� of Trust, �T'rustor shall defend the actiqn �t Trustor's expense. 1'rustor rnay be the
<br />nominral party in such proceeding, buk Lendar shall be entitled to participate in the proceeding and to be represented in the proceedin,y
<br />6y counsel of Lender's own choice, and trustor will cleliver, ar cause to be delivered, to Lerxler such instruments as Lender may
<br />reyuest from tirne to time to permit such participation.
<br />Compliance With Lews. Trustor warranfs �hat the Propert:y and frustor's «se qf the Property r,omplies with all existing applicable
<br />I:�ws, ordinances, and re,yulafiqns nf yovernmental authorilies.
<br />Survival of Promises. All promises, agrPements, and staternents TrG�stor h�s made in this �eed of Trust shall suruive the exec�tion
<br />rjnd delivery ot tltis qeed of Trust, shall be continuing in nature and shall remain in f�dl force and effect until such tirne as Trustor's
<br />Indebtedness is p�id in full.
<br />EXIStING INDEB7EDNESS. The fnllowing provisions concerninp Exiskinq Indebtedness are a part o( this [�eed oi Trust:
<br />Existing Lien. The lien of this Deed of Trust securing the Indebledne5s m�y be s�r.ondary and inferior to an existing lien. Trustor
<br />expressly r.ovenants and agrees to pay, or see to the payment of, t.he �xisting Indebtedness and to prevent any de(ault on such
<br />indebtedness, any defaidf under the instruments evidenciny SUCII I�l(�(?Y]tF.CJIlP.55, Uf BfIY CIBIBUIY U(1CIG'I' �IIY $QCUrI(�/ fIOCL1171P.IlTS fnr 5ur.h
<br />indebtedness.
<br />No Modification. TrusCor sh�ll not enter inio any a,yreement with the holder of any morlyage, deed of trust, or other security
<br />agreement whir.h has priority over this beed o( TYust by which that agreem?nt is rru�difi�d, amended, extended, or renewed without
<br />lhe priqr written consent of I..ender, Trustor shall neither request nc7r �r:r.ept any future advances under any such securii.y �,yreement
<br />without the prior written consent nf Lender.
<br />CONpEMNATIQN. The following provisions relating to condernnation nroceedings are � part oP iliis Deed of 'Trust:
<br />Proceedings. If any proceeding in condemnation is filed, Trustor shall promptly nol.ify Lend�r in writing, and Trustor shall promptly
<br />tak? such steps es may 6e necessary tn dc�f�nd the action and obtair� tha award. Trustor may k�e the nominal p�rty in si.ich
<br />prnr..�eding, but Lender shall be entitled tn �articipAte in the praceeding ?nd to he r�presented in the prr�ceediny by counsel of its own
<br />choice, and 7rustor will deliver or cause to be delivered to Lend�;r such instruments and documentacir�n as rnay he requesled by
<br />Lender from time ib time to p�rmit 5uch participation.
<br />Application of Net Proceeds. If ail nr any p�rt nf the Property is condemned hy eminent domain proceedinys or by any proceedinc� or
<br />purchase in lieu of r,��ndertirration, Lender may at its election r?��uire fh�f �II or any portion of the net �.�roce?ds o( ihe awarc:l bP a��(�li�;d
<br />to th? Indebt�dness or the repair or restoration of the ProperYy. lhe net proceedS oT the award sh�lt maan the award after payment oF
<br />all reasonable costs, experises, and nttorneys' fees incurred t.�y TYustee or Lender in connection with the condemnation.
<br />IMPOSITION bF TAXES, FEES ANQ CfiARGES BY G�VERNMENT'AL AUTHORITIES. The following provisions rela[iny to yovernrnental
<br />taxes, fees and charges are a�art of this Deed of 'T'rust:
<br />Current Taxes, Fees and Charges. Upon request by l_ender, Trustor shall execute such documents in additinry lo tliis Deed qf Trust:
<br />and teke whatever othar action is requested by Lender to perfect and continue l.ender's lien or7 the Real F'rnperty. Trustor shall
<br />reimburse I�ender for all taxes, as described balow, tog�ther with all ex�enses incurred in rer.nrding, perfer.ting nr r.nntinuing this Deed
<br />oi Trust, including without limitation all taxes, fees, dor,umentary start7ps, ar'�d other ch�rges (nr rer.ording or registering this Deed of
<br />Trusl.
<br />Taxes. The following shall constitule taxes to which this section applies' (1) ? speci(ic tax upon this type of Deed of Trust or upon
<br />all or any part of the Indebtedness secured by this beed of Trust; (2) a sper,ifir, t�x on Trustor whicki 'l rustnr is authorired or
<br />required to deduct from payitients nn the Inde6tedness seri,ired by this type of Deed of Trust; (3) a tax c7n t:his Yype af Dc;ed of Trust
<br />chargeable againsf ihe Lander or the holder o( the Nofe; and (�F) a specific tax on all qr any portipn nf the IndFbt�dness or on
<br />payments oF principal and interest rnad� t>y Trustor.
<br />Subsepuent Taxes. If any tax to which fhyis section applies is enacted si.ibsequenl to the d�t� of this Deed of - �rust, this event shall
<br />have the s�me eiTect as an Ever7t of Default, and Lender may exer�ise any or all of its availahle remedies for an Cvent of Oefault as
<br />provided below unless `Trustnr either (1) pays the tax before it ber,omes delinquent, or (2) contests the tax as �?rovided abnve in the
<br />Taxes and Liens section and deposits with Lender casYi or a sufficient r.orporate surety bond or other security safasfacfory tn Lender.
<br />SECURITY AGREEMENt; FINANCING STl�TEMENTS. The following provisions relating to this D�ed of 7rust as a security ayreement are a
<br />par[ of lhis Deed of Trust:
<br />5ecurity Agreement. This instrument shall constiti�te a S�r.urity Agreement to the extent �ny of ihe Prnperty r,onstitutes fixtures, and
<br />Lender shall have all of the rights of a secured party under the Uniform Commercial Cnr.1e as amended irom time to tirne.
<br />Security Interest. Upon reryuest by Lender, Tr�rstor sh�ll tnke whatever ac:tion is requ?sted by Lender to perfect and cnntinue L.end?r's
<br />security interest in the Personal Prnrerty. In addition to recording tl�is C)eed of Trusk in the rec�l property fPCOf(.IS, I.EfI(IP.P rnay, at �ny
<br />time and without further authoriz�tion from T'rustnr, file exer.uted counterparts, copies or repr��ductions af this Deed of Trust as a
<br />financing staternenl. Trustor shail reiniuurse Lender Tor all expenses incurred in per(ecting or continuing this security interesl. Upon
<br />default, Trustor shall not remove, sever or detach the Personal Pronerty from the Froperty. Upon default, Trustor shall assemble any
<br />Person�l Property not affixed to the Property in a rnanner and at a pl�ce reasonably convenient to Trustor and Lender and make it
<br />avr�ilahle to Lendar within three (3) days affer recPipt of written demand fr[�m Lender tn the extent permitted by applicable law.
<br />Addresses. The mailing acidresses of Trustor (debror) and 1_ender (secured party) frorn which inTomiatipn cnncerninq tha security
<br />interest granted by this peed of Trust may be obt�ined (ear.h as rec�uired hy the Uniform Gomr7iercial Code) are as stated on the first
<br />page af this Deed of Trust.
<br />FURTHER ASSURANCES; ATTORNEY-IN-FACT. The followin� prc�visioi�s relating tn further assurar7ces arid attorney in-fact are a part of
<br />this beed of Trust:
<br />�urther Assurances. At any time, and from timP to time, upon raquest of I.ender, Trustor will make, execute ar7d deliuer, or wiu cause
<br />to he made, exer.uted or delivered, to lender or to Lender's designee, and when requc�sted hy Lender, ca�ase to be Tiled, rer,orded,
<br />re(iled, or rPrecorded, as the c�se rnay be, at such tirnes eind in sur,h ofFices and places as I.,ender rnay deem appropriate, any and all
<br />such mortgages, deeds af' trust, security deeds, sec�arity agreements, financinr3 5[�ternents, continuation statements, instrumPnl:s of
<br />further assuranr.e, r.ertifir.ates, and okher documents as may, in the sole npiriion of Lender, be necess�ry or desir�ble in nrcler to
<br />effectuate, romplete, perfect., r.ontinue, or preserve (1) 1��astor's pbligativns undPr the Nole, Ihis O�ed of Trust, and the Related
<br />Documents, and (?.) tYi? liPns and security int:erests cre�lFd by lhis Deed of irusf or7 the Property, whether now owned or hereafter
<br />acquired by Trustqr. Unless prohibited by law or Lender agrees to the cc>ntrary ii� writinq, Trustor shall reimk�urse Lender for all costs
<br />and expenses inr.urred in connection wiYh khe matters referred to in this paragraph.
<br />Attorney-in-Fact. If Trustar fails to do any of the thinps refarred to in the preceding paragrr�ph, Lender may do so for and in the name
<br />p p � 7�li�t.�� ,
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