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�' ��'' �' �` f!��' �" D�ED OF TRUST 2 O i D U S� 5 Q
<br />(Continued) �age 3
<br />•Compliance With Laws. 7rustpr warrants that the Property. and Trustor's use of the Property complie�� with all existing applicable
<br />laws, ordinances, and regulations qf governmental authorities.
<br />Survival of Representations and Warranties. All representations, warranties, and agreements made by Trustor in this Deed of 7rust
<br />shall survive the execution and delivery of this Deed of Trust, shall be continuing in nature, and shell remain in full force and effect
<br />until such time as Trustor's Inde6tedness shall be paid in full.
<br />COND�MNATION. Tha following provisions relating to condemnation proaeedings are a part of this Deed of Trust:
<br />Proceedings. If any praceeding in condemnation is filed, Trustor shall promptly notify Lender in writing, and Trustor shall promptly
<br />take such steps 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 to participate in the proceeding and to be represented in the proceeding by counsel of its own
<br />chqice, and Trustor will deliver or cause to be delivered ta Lender such instruments and documentation as may be requested by
<br />Lender from time ta time to permit such participation.
<br />Application of Net Proceeds. If all or any part af 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 tha award be applied
<br />to the Indebtadness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of
<br />all weasonsble costs, expenses, and atiarneys' faes incurred by Trustee or Lender in cpnnectian with the condemnation.
<br />IMPQSITIpN OF TAXES. FEE& AND CHARGES BY QOVERNM�NTAL AUTHORITIES. The following provisions relating to governmental
<br />taxes, fees and charges are a part of this Deed of Trust:
<br />Current Taxes, Fees and Charges. Upon request by Lender, Trustor shall execute such documents in addition to this peed of Trust
<br />and take whatever other action is rsquasted by Lender to perfect and continue Lender's lien on the Real Prvperty. Trustor shall
<br />reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting qr cpntinuing this Deed
<br />vf Trust, including withqut limitation all taxes, fees, documentary stamps, and other charges fqr recording or registering this Deed of
<br />Trust.
<br />7axes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this Type af Deed of Trust or upon
<br />all or any part of tha Inde6tedness secured by this Deed of Trust; (2) a specific tax on Trustor which Trustor is authorized or
<br />required to deduct from payments on the Indebtedness securad by this type pf Deed of Trust; (3) a tax on this type of Deed ot 7rust
<br />chargeable against the Cender or the holder of the Nota; and (4) a specific tax qn all or any portion ot the Indebtedness or on
<br />payments of principal and interest made hy Trustor.
<br />5ubsequent Taxes. If any tax to which this section applies is enacted subsequent to the date af this Deed of Truat, this evant shall
<br />have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for arr EVent of Default as
<br />provided belpw unless Trustor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided alaove in the
<br />Taxes and Liens section and deposits with Lsndar cash or a sufficient corporate surety bond or other security satisfactory to Lender.
<br />S�CURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Dead af Trust as a security agreement are a
<br />part of this Deed of Trust:
<br />Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Prpperty constitutas fixtures, and
<br />Lender shall have all of the rights of a secured party under tha Uniform Commercial Cade as amended from time to time.
<br />Sacurity Interest. Upon request by Lender, Trustor shall take whatever action is requested by Lender ta parfect and continue Lander's
<br />security interest in the Rents and Personal Prnperty. In addition to rscprding this Deed of Trust in the real property records, Lender
<br />may, at any time and without further authprization from Trustqr, fils executed counterparts, copies or reproductions of this Deed of
<br />Trust as a financing statement. Trustor shall reimburse Lender for all expenses incurred in perfepting pr continuing this security
<br />interest. Upon default, Trustor shall not remove, sever or detach the Personal Propsrty frpm tha Prpperty. Upon default, Trustqr shall
<br />assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Trustor and Lender
<br />and make it available to l.ender within three (3► days after receipt of written demand from l.ender to the extenf parmitted by applicable
<br />law.
<br />Addresses. The mailing addresses of Trustor (debtor► and Lender (secured party) from which information cancerning the security
<br />interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated on the first
<br />page of this Deed of Trust.
<br />FURTHER ASSURANC�S; AT70RNEY-IN-FACT. The following provisions relating to further assuranoas and attorney-in-fact are a part of
<br />this Deed of Trust:
<br />Further pssurances. At any time, and from time to time, upon request of Lendar, Trustor will make, execute and deliver, or will cause
<br />to be made, executed or delivered, to Lender pr tp Lender's designee, and when requested by Lender, cause to be filed, recorded,
<br />refiled, or rerecorded, as the nase may be, at such times and in such offices and places as Lender may deem appropriate, any and all
<br />such mortgeges, deeds pf trust, security deeds, security agreemen4s, financing statements, continuation statements, instruments of
<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, pecfect, continue, or praserva (1) Trustpr's pbligations under the Note, this Deed of Trust, and the Related
<br />Documents, and (2) the liens end security interests created by this Deed of Trust as first and prior liens on the Property, whether
<br />now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writing, 7rustar shall
<br />reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph.
<br />Attorneyin-Fact. If Trustor fails to do any of the things referred ta in the preceding paragraph, Lender may do so for and in the name
<br />pf Trustor and at Trustor's expense. For such purppses, Trustor hereby irrevpca6ly 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 desirabla, in Lender's
<br />sole opinion, to accomplish the matters referred to in the preceding paragraph.
<br />FULL PERFORMANCE. If Trustor pays all the Indebtedness when due, and otherwise perfarms all the pbligatipns imposed upon Trustor
<br />under this Deed of Trust, Lender shall execute and deliver to Truatee a request for full reconveyance and shall execute and deliver to
<br />Trustor suitable statements of termination of any financing statement an file evidencing Lender's security interest in the Rents and the
<br />Personal Property. Any reconveyance fee required by law shall be paid by Trustor, if permitted by applicable law.
<br />EVENTS pF DEFAULT. Each ot the following, at Lender's aption, shall cqnstitute an Event of Default under this Deed of Trust;
<br />Paymant Dnfaut#. Trustpr failg io. make�ny paym�# when due under the lndebtedness. .
<br />Other Dafaults. Trustor fails to comp�y with or to perform any othar term, obligatinn, cpvenant or condition contained in this Deed of
<br />Trust or in any of the Related Documents or to cvmply with or tn perform any term, pbligation, covenant or condition contained in any
<br />other agreement between Lender and Trustor.
<br />Compliance Default. Failure to comply with any other term, obligation, covenant or conditian conteined in this Deed pf Trust, the Note
<br />or in any of the Ralated Documents.
<br />Default on Othar Peyments. 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 qf or to effect dispharge pf any Ilen.
<br />Default in Favor of Third Parties. Should Grantqr default under any loan, extension of credit, security agreement, purchase ar sales
<br />agreement, or any other agreement, in favor of any other creditor qr person that may materially affect any pf Grantor's property or
<br />Grantor's ability to repay the Indebtedness or Grantor's ability to perform Grantor's abligations under this Deed of Trust or any of tha
<br />Related Documents.
<br />Fa1se;Sta#ements. Any warranty, representatian o� statement made or furnished to Lender by Trustor or on Trustor's behalf un¢er this
<br />Deed of Trust or the Related C)oauments is false vr misl.eading in any material respect, either.-,now or at tha time� made pr fucni,shed or
<br />b,ecomes fal.se or-misleading at any time thereafter. � �
<br />Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and effect (including failure
<br />of any collateral document to create a valid and parfectad security interest or lien) at any time and for anq reason.
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