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� DEED OF TRUST
<br />��� �:�; �.1� t �►� a��` (�or�tinuedl 2 010 0 8 3 5 5 Page 3
<br />paying all costs fvr inauring, maintaining and preaerving the Property. All such expenditures incurred pr paid by Lender fpr such purppses
<br />will then bear interast at the rate charged. under the Note from the date incurred or paid by Lender to the date of repayment by 7rustor. All
<br />such expenses will become a part of the Indebtedness and, at Lender's qptian, will (A► be payable on demand; (B) be added .to the
<br />balance of the Note and be appartioned among and be payable with any installmen[ payments to become due during either (1) the term af
<br />any applicsble insursnce policy; or (2) the remaining term pf the Npte; or jC) be treatad as a halloqn payment which will be due and
<br />payable at the Note's maturity. The Deed of Trust also will secure payment af thesa amvunts. Such right shall bs in additian #o all other
<br />rights and remedies to which Lender may be entitled upon Default.
<br />WARRANTY; pEFENS� AF TITLE. The fallowing provisinns relating to ownership of #he Property ara a par# of this Daed of 7rust:
<br />Title. Trustor warrants that: (a) 7rustor holds good and marketable title of record to tha Property in fea simple, free and clear vf all
<br />liens and encumbrances other than thosa aet forth in the Raal Property description or in any title insurance policy, title report, nr final
<br />title opinion issued in favor of, and accepted by, Lender in connection with this Deed of 7rust, and (b) Trustar has the full right,
<br />power, and autharity to execute and deliver this Deed of Trust to Lender.
<br />�afenee of Titla. 5uhject to the exception in the paragraph above, 1'rustor werrants and will forever defend the title to the Property
<br />against the lawful claima of all persons. In the avent any action or proceeding is commenced that questions Truator's title or the
<br />interest of Trustee or Lender under this Deed oT Trust, Trustor shall defend the action at 7rustor's expense. 7rustor may be the
<br />nominal'qar�i �in such p'roceadl�g'bilC L'pnder sN�l�"be'"entit�ad"to p rticipate in ,th's procee.dir�p and .tn, beZrep�ase.,ntad�}n ths prncesding
<br />by counsel af Lander's own choice, and Truator will deliver, or �ause'{a be delivered, to Lender such instrumenCs as Lende� may
<br />request from time to time to permit such particlpation.
<br />Campliance With Laws. Trustor warrants that the Prpperty end Trustar's use of the Property complies with all existing applicable
<br />laws, ordinances, and regulations vf governmental authorities.
<br />5urvivel pf Represantationa and Warrantles. All representetions, warranties, and agreamants mada by Trustar in this peed 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 time as Trustor's Indebtedness shall pa paid in full.
<br />CQNDEMNATION. The following provisiona ralating to condemnation prpceedings are a part of this Deed of Trust:
<br />prqoee�iings. If any proceeding in condemnation is filed, Trustor shall prpmptly notify Lender in writing, and Trustor shall promptly
<br />take such steps as may be necessary to defend tha action and obtain the award. 7rustor may be the nominal party in such
<br />proceeding, but Lender shall 6e entitled ta participa[e in tha proceeding and to be represented in the proceeding by counsel of its own
<br />choice, snd Tru&tar will delivar pr caUSe to be deliverad to Lender such ins#ruments and documentation as may bq requested kiy
<br />Lender from #ima to time to permit such participation.
<br />Appllcation Qf Nat Proceeds. If all or any part of the Property is cpndamned by eminent damain proceedings or by any proceeding or
<br />purchase in lieu of condemnatipn, Lander may at ita election require that all or any portion of the net proceeds pf the award be applied
<br />to the Indebtedness or the repair or restoration of the Property. The net procseds nf the aw�rd shall mean the award after payment of
<br />all reasonable costs, expenses, end at#orneys' feas incurred by Trustee or Lender in connection with the condemnation.
<br />IMPO$ITIQN OF TAX�S. PE�S ANp CHARGES BY GOV�RNMENTAL AUTHORITIE3. The following prpvisions relating ta gavernmental
<br />taxes, fees and charges are a part nf thia Dead of Truat:
<br />Currant Taxas, Faes ,qnd Chargas. Upon request by Lender, Trustvr shall executa auch documents in addition to this Deed of Trust
<br />and take whatever other action ls requested by Lender to perfect and continue Lender's lien on the Real Praperty. Trustor shall
<br />reimburse Lender for all taxes, as described belnw, tqgether with all expanses �incurred in recording; perfecting or continuing this Deed
<br />of 7rust, including withput limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of
<br />Trust.
<br />.^�w Y:D�ttlttTt�e�B'tre�s°�Ne• vrrhFch�°YMi� aectten , .(�1�°. �apeoffie��ex;u�rn..t�a�•�typ4 o,Y Db�t}'of.:Truet�°or�upon
<br />all or any part of ths Indebtedness secured by this Deed of Trust; (2) a apecific tax on Trustor which Trustor is authorized ar
<br />required ta deduct from payments on the Indehtedness secured by this rype of Deed of Trust; (3) a tax on this type of Deed of Trust
<br />chargeable against ths Lender ar the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or an
<br />payments of principal and interest made by Trustor.
<br />5ubsequant Taxes. If any tax [o which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall
<br />have the same effect as an Event af Default, and Lender m$y exercise any or all of its availa6le remedies for sn Event pf Default as
<br />prpvided belaw unless Trustor either (1) pays the tax be(ore it becomes delinqyent, or (2) contests the tax as provided abave in the
<br />Taxes and Liens sectipn and depnsits with Lender cash or a sufficient corporate aurety bond or other security satisfactory to Lender.
<br />SECURITY AGREEIVIENT; FINANCING STATEMENTS. The fpllowing provisions r�lating to this Deed pf 7rust as a security agreement are a
<br />part of this �eed of Trust:
<br />Security Agreement. 7his instrument shall consti#ute a Security AgrQement to the extent any of the Property constitutes fix[ures, and
<br />Lender shall have sll of the rights of a senured party unda�.tha Ur�jform Comm.ercial Code es amended from #ime ta [ime.
<br />Sepurity Intereat. Upon raquest by L,ender, Trustar shall take whatevar action is requested by Lpnder to pertect and continue Lender's
<br />security interest in the Rents and Personal Property. In addition to recording this Deed of 7rust in the raal prnperty records, Lender
<br />may, at any time and without further authnrizatian from Truator, file execu#ed counterparts, copies or reproductions of this Dasd of
<br />Trust as a financing statement. Trustpr shall reimburse Lender for all expanses incurred in perfecting or continuing this security
<br />interest. Upon defsult, Trustor shall not remove, sever or detach the Personal I'roperty from the Property. Upon default, Trustor shall
<br />assemble sny Personal Property not affixed to the Prqparty in a menner and at a place reasonaqly convenient to Trustor and Lender
<br />and make it available to Lender within threa (3) days after receipt of written damand from Lender to the extent permitted by epplicabla
<br />law.
<br />Addrasses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which information concerning the security
<br />interest granted by this Dsed pf Trust may be obtainad (each as required by the Unifarm Commercial Code) ara as stated an the first
<br />page af this Deed of 7rust.
<br />FURTHER ASSURANCES; ATTORNEY-IN»FAC7. The following provisions relating to.further assurances and attorney-in-fact are a part af
<br />thi�.A��,l�..qf Tr.t�st
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<br />Furthsr Assurences. At any time, and from time to�time, upon request of Lender, 7rustor will make, execute and deliver, or will Qause
<br />to be made, axecuted or delivered, to Lender or to Lender's dasignee, and when requested by Lender, cause to be filed, racorded,
<br />refiled, or rerecorded, as the case mgy be, st such times and in such offices and places as Lender may deem appropriate, any and all
<br />such mortgages, deeds of trust, security deeds, security egraements, financing sta#amenta, continuation statements, instruments of
<br />further assurance, certificates, and other documants as may, in the sqle opinipn pf Lender, be necessary or desirable in order to
<br />effectuate, complete, perfect, continue, or preserve (7) Trustor's obligatlons under the Note, this Deed of 7rust, and tha Related
<br />Documents, and 12) the liens and security interests created by this Deed of Trust as first and prior liens on #he Property, whether
<br />now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writing, Trustar shall
<br />reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this peragraph.
<br />Attorney-in-Fact. It 7rustor fails to do any qf the things referred ta in the preceding paragraph, Lender may do so for and in the name
<br />of Trustor and at Trustor's expense. For such purpases, Trustor here6y irravocably appoints Lender as Trustor's attorney-in-fact for
<br />the purpnse of ineking, executing, delivering, filing, recording, and doing all qther things as may be necessary or desirabls, in Lender's
<br />sole opinion, to accomplish the matters referred to in #ha preceding paragraph.
<br />FULL PERFORMANCE. If Trustor pays all #he Indebtedness, including without limitetion all future advances, when dus, and otherwise
<br />performs all the o6ligations imposed upan Trustor under this peed of 7rust, Lendei ahall execute and deliver tv Trustee a request for full
<br />reconveyance and shall execute and daliver to Trustor suitable statements of termination of any financing statement on file evidancing
<br />Lender's sacurity interest in the Rants and the Parsonal Property. Any reconveyance fee required by law shall be paid by 7rustar, if
<br />permitted by applicable law.
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