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� � ' �� " � � � � ` � �' DEED �F TRUST 2 O �. O O � � O 9
<br />(Cpntinued) Page 3
<br />rights and remedies to which Lender may be entitled upon Default.
<br />WARRANTY; D�FENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust:
<br />Titls. Trustqr warrants that: (a) Trustor holds good and marketa6le title ot record to the Property in fee simple, free and clear of all
<br />liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, ar final
<br />title opinion issued in favor of, and accepted by, Lender in connection with this Dsed of Trust, and (b) Trustar has the full right,
<br />power, and authority to exepute and deliver this Deed of Trust tp Lender.
<br />Defense of Title. Subject to the exception in the paragraph above, Trustor warrants and will forever dafend the title tp the Prpperty
<br />against the lawful claims of all persons. In the event any action qr prpcaeding is commenced that questions Trustor's title or the
<br />interest of Trustee ar l.ender under this Deed of Trust, Trustor shall defend the actian at Trustor's expense. Trustor may be the
<br />nominal party in such prpceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding
<br />by counsel of Lender's own choice, and Trustor will deliver, or cause ta be delivered, ta 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 />laws, ordinances, and regulations of governmental authorities.
<br />5urvival of Representations and Warranties. All representations, warranties, and agreements made by Trustor in this Deed of Trust
<br />shall survive the execution and delivery of this Deed of Trust, shall be continuing in nature, and shall remain in full force and effect
<br />until such tims as Borrower's Indebtedness shall be paid in full.
<br />CONDEMNATION. Tha fqllowing prpvisions relating to condemnation proceedings are a part of this Deed of Trust:
<br />Proceedings. If any proceeding in condemnation ia filed, Trustor shall prpmptly notify Lender in writing, and Trustor shall prpmptly
<br />take such steps as may be necessary tp dafend the action and obtain the award. Trustpr may pe the nominal party in such
<br />proceedin�, but Lender shall be entitled to 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 from time to time to permit such participation.
<br />Application of Net Prqqeeds. If all 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 proceeds of the award be applied
<br />to the Indebtadness or the repair or restoratiqn of the Prpperty. The net proceeds of the eward shall mean the award after payment of
<br />all reasonable costs, expenses, and attorneys' fees incurred by Trustee ar Lender in connection with the candemnetion.
<br />IMPOSITION OF 7AXES, FEES AND CHARGES BY GQVERNMENTAL AU7HORI7I�S. 7he following provisipns relating to governmental
<br />taxes, fees and charges are a part of this Aeed of Trust:
<br />Current Taxes, Fees and Chargea. Upon request by Lender, Trustor shall execute such documents in additipn tp this Deed of Trust
<br />and take whatever other actipn is requested by Lender to perfect and continue Lender's Ifen on the Real Property. Trustor shall
<br />reimburse Lander for all taxes, as descri6ed 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 far 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 Deed of Trust; (2) a specific tax on Borrower whioh Barrower is authorized or
<br />required to deduct from paymsnts on the Indabtedness secured by this type of paad of Trust; (3) a tax pn this type of peed of Truat
<br />chargeable against the Lender or the holder of the Note; and (�F) a specific tax on all or any portipn of ihe Indebtedness nr pn
<br />payments of principal and interest made by Borrower.
<br />Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed ot Trust, this event shall
<br />have the same effect as an Euent of pefault, and l.ender may exercise any or all of its available remedies for an Event of Default as
<br />provided below unless Trustor either (1) pays the tax befare it becomes delinquent, or (2) contests the tax as provided above in the
<br />Taxes and Liens seption and deposits with Lender cash or a sufficisnt corpprate aurety bond pr other security satisfactory ta Lender.
<br />5ECURITY AGRE�MENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a
<br />part of this Deed of Trust:
<br />Security Ag�eement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and
<br />Lender shall have all of the rights of a sepured party under the Uniform Commercial Code as amended fram time tv time.
<br />Security Interast. Upon requast by Lendar, Truatar shall take whatever action is requested by l.ender to perfect and continue Lender's
<br />security interest in the Rents and Personal Property. In addition to recording this Deed of Trust in the real prpperty records, Lender
<br />may, at any time and without further authorization from Trustor, file executed counterparts, copies or reproductions of this Deed of
<br />Trust as a financing statement. Trustar ahall reimburse Lander for all expenses incurred in perfecting or continuing this security
<br />interest. Upan dafault, Trustor shall not remove, sever pr detach the Personal Prvperty from the Property. Upon default, Trustor shall
<br />assemble any Personal Property not affixed to the Property in a manner and at � pl�ce reasonably cvnvenient to 7rustor and Lender
<br />and make it available to Lender within three (3) days after receipt of written demand from Lender tp the extent permitted by applicable
<br />law.
<br />Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which infprmation cancerning the security
<br />interest granted by this Deed of Trust may be obtained (e�ch as required 6y the Unifprm Commercial Code) ara es &tated on the first
<br />page of this Deed of 7rust.
<br />FURTHER ASSURANCES; ATTORNEY•IN-FACT. The following provisions relating to further assurances and attarnay-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, Trustor will make, execute and deliver, or will cause
<br />to be made, executed or delivered, to Lender or to Lender's deaignee, and when requested by l.ender, cause to be filed, recorded,
<br />refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deam appropriate, any and all
<br />such mortgapes, deeds of trust, seourity deeds, security agresments, financing statements, continuation statements, instruments af
<br />further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to
<br />effectuate, complete, perfect, continue, or preserve (1) Borrower's and Trustor's obligatians under the Note, this Deed of Trust, and
<br />the Related [7ocuments, and (2) the liens and security interests created by this peed of Trust es first and prior liens on the Property,
<br />whether now awned or hereafter acquired by 7rustor. Unless prohibited by law or Lender agrees to the contrary in writing, "frustor
<br />shall reimburse Lender for all costs �nd expenses incurred in connection with the matters referred to in this paragraph.
<br />Attvrney-in-F�ct. If Trustor fails to do any of the things referred to in the preceding paragraph, Lender may dp so fpr and in the name
<br />of Trustor and at Trustor's expense. For such purppsas, 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 be necessary or desira6le, in Lender's
<br />sole opinion, to accomplish the matters referred to in the preceding paragraph.
<br />FULL PERFORMANCE. If 8orrower and 7rustor pay all the Indebtedness when due, and Trustor otherwise performs all the obligations
<br />imposed upon Trustor under this Deed of Trust, Lendar shall execute and deliver to Trustee a request for full reconveyance and shall
<br />execute and deliver to Trustor suitable statements of terminatipn of any financing statement on file evidencing Lender's security interest in
<br />the Rents and tha Personal Property. Any reconveyance fee required by law shall be paid by Trustar, if permitted by applicable law.
<br />EVENT$ pF DEFAULT. Each of the following, at Lender's option, shall constitute an Evant of Default under this Deed of Trust:
<br />Payment Dafault. Barrower fails to make any payment when due under the Indebtedness.
<br />pther Defauhs. Borrawer or Trustor fails to comply with or to perform any othar term, obligation, covenant or conditipn contained in
<br />this Deed of Trust or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition
<br />cantained in any other agreement between Lender and Borrower or 1'rustor.
<br />Compliance Dafault. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Nota
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