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<br />_, .t 4� ��, ;:;;, DEED OF TRUST 2 010 4 8 3� 4
<br />(Continued) �age 3
<br />a part of the Indebtedness and, at Lender's option, will (A) be payable on dem�nd; (B) be added to the balance of the Note and be
<br />apportioned among and be peyable with any installment payments to becpme due during either (1) the term of any applicable insurance
<br />policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's
<br />maturity. The Deed of Trust also will secure payment of these amounts. Such right shall be in addition to all athar rights and remadies to
<br />which Lender may be entitled upon Default.
<br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part af this beed vf 7rust:
<br />Titla. Truator warrants that: (a) Trustor holds good and msrketable title of record to the Property in fes simple, free and clear of all
<br />liens and encumbrances other than those set forth in the Real Property descriptian or in the Existing Indabtednass sectian below or in
<br />any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Deed of
<br />Trust, and (b) Trustor has the full right, power, and authority to axecute and deliver this Deed of Trust to Lender.
<br />qefense of Title. Subject to the exception in the paragraph above, Trustor warrants and will torever dafend the title ta the Property
<br />against the lawful claims of all persons. In the event any action or prpceeding is commenced that questions Trustor's title or the
<br />interest of Trustee or Lender under this Deed of Trust, Trustor shall defend the action at Trustor's expense. Trustor may be the
<br />nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding
<br />by counsel of I.ender's own CF1pIGB and Trustor will deliver, or cause to be delivered, tq Lander such instrumants as Lender may
<br />request from time to time to permit such participatipn.
<br />Compliance With Laws. 7rustor warrants that the Property and Trustor's use of the Property cpmplies with all existing applicable
<br />laws, ordinances, and regulatipns of govemmental authorities.
<br />5urvival of Representations and Warranties. All representations, warranties, and agreemants made by Trustor in this pead of Trust
<br />shall survive the execution and delivery of this paed af Trust, shall be continuing in neture, and shall remain in full force and effact
<br />until such time as Borrvwer's Indebtedness shall be paid in full.
<br />EXISTING INqEB7�DNE55. The follpwing prpvisions cpncerning Existing Indebtedness are a part of this Deed of Trust:
<br />Existing Lien. 7he lien of this Deed af Trust sacuring the Indebtedness may be secondary and inferior tp an existing lien. TruStar
<br />expressly covenants and agrees to pay, or see to the payment vf, the Existing Indebtedness and to prevent any default on such
<br />indebtedness, any default under the instruments evidencing such indebtedness, or any default under any security documents for such
<br />indebtedness.
<br />No Modification, Trustor shall not enter into any agreement with the holder of any mortgage, deed of trust, or other security
<br />agreement which has priority over this Desd pf Trust 6y which that agreement is modified, amended, extended, or renewed without
<br />the prior written consent of Lender, Trustor shall neither request nor accept any future advances under any such security agreement
<br />without the prior written consent of Lender.
<br />CONDEMNA710N. The following prpvisions relating tp cpndemnatipn prpceedings are a part of this Deed of Trust:
<br />Proceedings. If any proceeding in condemnativn is filed, Trustor shall promptly notify Lender in writing, and Trustor shall promptly
<br />take such steps as may be necessary to defend the actiqn and obtain the award. Trustor may ba the nominal party in such
<br />proceeding, 6ut 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 instrumen[s and documentation as may be requested by
<br />Lender from time to time to permit such participation.
<br />Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain praceedings 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 Indabtedness or the repair pr restqration of the Property. The net proceeds af tha award shall maan the award after payment of
<br />all reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lender in connection with the condemnation.
<br />IMPOSITIQN pF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisiona relating tp governmental
<br />taxes, fees and charges are a part of this Deed of Trust:
<br />Current Taxes, Feea and Chargss. Upon request by Lender, Trustor shall execute such dpcuments in eddition ta this Deed af Trust
<br />and take whatever ather action is requested by Lender tp perfact and cpntinue Lender's lisn pn tha Real Prpperty. Trustor shall
<br />reimburse Lender for all taxes, as described 6elow, 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 for 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 Dead of Trust; (2) a specific tax on 8orrower which Borrower is authorizad or
<br />raquired to deduct from payments pn the Indebtedness securad l�y this type pf Deed of Trust; (3) a tax pn this type af peed of Trust
<br />chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on
<br />payments of principal and interest made by Borrower.
<br />Subsequent Taxes. If any tax to which this section applies is enacted subsequent tp the date of this Deed of Trust, thia svent shall
<br />have the same effect as an Event of Default, and Lender may exarcise any or all pf its available remedies for an Event of pefault as
<br />provided below unless Trus[or either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the
<br />Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender.
<br />SECURITY AGREEMENT; FINANCING STATEMEfVTS. The following provisions relating to this Deed of Trust as a security agreement are a
<br />part of this Deed of Trust;
<br />Security Agreement. Tl�is instrument shall conatitute a 9ecurity Agreement to the extent any of the Property constitutes fixtures, and
<br />Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time.
<br />Security Intarast. Upon request by Lender, Trustor shall take whatever actipn is raquested by Lender to perfact 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 recprds, Lender
<br />may, at any time and without further authorization from Trustor, file executed counterparts, copies or reproductions of this Deed of
<br />7rust as a financing statement. Trustor shall reimburse Lender for all expenses incurred in perfecting or continuing this security
<br />intarest. Upan default, Trustor shall npt remove, sever pr detach tha Personal Property from the Property. Upon default, Trustor shall
<br />assemble any Perspnal Property not affixed to the Property in a manner and at a place reasonably cpnvenient to Trustor and l.ender
<br />and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable
<br />law.
<br />Addresses. The mailing addresses of Trustor (debtor) and Lender (secured partyl from which information concerning the security
<br />interast granted by this Daed of Trust may 6e obtained (each as required by the Uniform Commercial Code) ara as stated on the first
<br />page of this Deed of Trust.
<br />FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-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, qr will cause
<br />to be made, executed or delivered, ta l.ender or to Lender's designee, and when requested by Lender, 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 deem apprapriate, any and all
<br />such mortgages, deeds of trust, security deeds, security agreements, finaneing statemenis, continuation statements, instruments of
<br />further assurance, certificatas, and vther dacuments 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 Trusior's abligations under the Note, this Daed of Trust, and
<br />the Related Documents, and (2) the liens and security interests created by this Deed of Trust on the Property, whether now owned
<br />or hereafter acquired by Trustor. Unless prohibited by law or l.ender agrees to the contrary in writing, Trustor shall reimburse Lender
<br />for all costs and expenses incurred in connection with the matters referred to in thia paragraph.
<br />Attorney-in-Fact. If Trustor fails to do any of the things referred tp in the preceding paregraph, Lender may do so for and in the name
<br />of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints Lender as Trustor's attorney-in-fact for
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