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��,. ,' � y , :,, DEED OF TRUST 2 010 0 S 3 81 Page 3
<br />(Cantinued)
<br />security interests, encumbrancea and pther claims, at any time levied pr placed on the Property and paying all costs for insuring,
<br />maintaining and preserving the Property, All such expenditures incurred or paid by Lender for such purposes will then bear interest at the
<br />rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Trustar, All such sxpenses will becpme
<br />a part of the Indebtedness and, at Lender's option, will (A) ba payable on demand; (6) be addad tp the balance of the Note and 6e
<br />appartioned among and be payable with any installment payments tq become due during either (1) the term of any applicable insurance
<br />policy; or (2) the remaining term ot 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 other rights and remedies to
<br />which Lender may be entitled upon befault.
<br />WARRANTY; DEFENSE pF TITLE. The following provisions relating to ownership of the Property are a part of this Dsed of Trust:
<br />Title. Trustor warrants that: (a) Trustor holds good and marketable title of record to the Property in fea simple, free and clear of all
<br />liens and encumbrances other than those set forth in the Real Property description or in the Existing Indebtedness section below or in
<br />any title insurance policy, title report, or final titla opinion issued in favor of, and accepted by, Lender in connectipn with this Deed of
<br />7rust, and (b) Trustor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender.
<br />Defense of Title. Subject to the exceptian in the paragraph above, Trustor warrants and will forever defend the title to the Prpperty
<br />against the lawful claims vf all persons. In the event any actipn or proceeding is commenced that questions Trustor's title or the
<br />interest ot 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 Lender's own choice, and 7rustor will deliver, or cause to be delivered, to Lender such instruments as Lender may
<br />request from time to time to parmit such partioipation.
<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 regulationa pf ppvernmental authorities.
<br />Survival of Representations and Warranties. All representations, warranties, and agreementa made by 7rustor in this Deed of 7rust
<br />shall survive the execution and delivery of this paed of Trust, shall be continuing in nature, and shall remain in full force and effect
<br />until such time as Borrower's Indabtednaas shall t�a paid in full.
<br />EXISTING INaE6T�DN�SS. The follawing proviaions concerning Exiating Indsdtednesa are a part of this Deed of Trust:
<br />Existing Lien. 7he lien of this Deed of Truat securing the Indebtedness may �e secondary and inferior to an existing lien. Trustor
<br />expressly covenants and agress to pay, pr see to the payment of, the Existing Indeptedness and to prevent any default on such
<br />indebtednass, 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 aver this Deed of Trust by which that agreement is modified, amended, extanded, or renewed without
<br />the prior written consent of l.endar. Trustor shall neithar request nor accept any future advances under any such security agraament
<br />without the prior written consent pf Lender.
<br />CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this I�eed of 7rust:
<br />Proceedings. If any proceeding in condemnation is filed, 7rustor shall promptly notify Lender in writing, and 7rustor shall promptly
<br />take such steps as may be necessary to defend the action and obtain the award. Trustvr may be the nominal party in such
<br />proceeding, but Lender shall be entitled to participate in the proceeding and tp be represented in the proceeding by counsel of its own
<br />chpice, and Trustor will deliver or cause to 6e delivered to Lender such instruments and documentation as may be requested by
<br />Lender from time to time to permit such participation.
<br />AppNcation of Net Proceeds. 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 Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of
<br />all reasanable cpsts, expenses, and attorneys' fees incurred 6y Trustee qr Lender in connection with the condemnatipn.
<br />IMPOSII'ION OF TAXES, FEES AND GHARQES BY GQVERNMENTAL AUTHORITI�S. The follawing prpvisions relating ta 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 Deed of Trust
<br />and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. 7rustor shall
<br />reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this peed
<br />of Trust, including without limitation all t7xes, feea, doCumentary stamps, and Other ch8rgas fpr reCarding br registering this Deed qf
<br />Trust.
<br />Taxes. The follpwing 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 which Borrower is authorized or
<br />required to deduct from payments on the Indebtedness secured by ihis type of Deed of Trust; (3) a tax on this type of Deed 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 Indabtedness or on
<br />payments of principal and intarast made by Borrower.
<br />Subsequent Taxes. If any tax to 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 �vant of pefault, and Lender may exercise any or all of its available remedias for an Event of pafault as
<br />provided balow unless Trustpr either (1) pays the tax before it bacomes delinquent, ar (2) contests the tax as provided �bove in the
<br />Taxes and Lisns saction and deposits with Lender cash qr a sufficient cqrpprata surety bond or pther security satisfactpry tp Lender.
<br />SECURITY AGREEMENT; FINANGING STATEMENTS, The fpllowinq prpvisians relating ta this Deed of Truat as a sacurity egreament era a
<br />part of this Deed of Trust;
<br />Security Agraement. Thia instrument shall constitute a Security Agreement to the extent any of the Prpperty constitutes fixtures, and
<br />Lender shall have all of the rights of a secured party under [he Uniform Commercial Code as amended from time to time.
<br />Security Interest. Upon request by Lender, Trustor shall take whatever action is requested by Lender to perfect and continue Lender's
<br />security interest in the Rents and Personal Praperty. In addition to recording this Deed of Trust in the real property records, Lender
<br />may, at any time and without further authorization from Trustvr, file executed counterparts, copies or reproductions of this peed of
<br />Trust as a financing statement. Trustor shall reimburse Lender for all expenses incurred in perfecting or cpntinuing this sacurity
<br />interest. Upon default, Trustor shall not ramove, sever or detach the Personal Property from the Property. Upon default, Trustor shall
<br />assem6le any Personal Prpperty not affixed to the Property in a manner and at a placa raasonably canvenient to 7rustor and l.ender
<br />and make it available to Lender within three (3) days after receipt of written demand frpm Lendar to the extant permitted by applicable
<br />law.
<br />Addresses. The mailing addresses ot Trustor (debtor) and Lender (securad party) from which infarmativn cancerning the security
<br />interest granted by this Deed of Trust may be obtained (each as required by the Uniform Cpmmercial Code) are as stated on the first
<br />page of this Deed of Trust.
<br />FURTHE,R ASSURANC�S; ATTQRNEY-IN-FACT. Tha fallowing provisions relating to further assurances and attorney-in-fact are a part of
<br />this �eed of Trust:
<br />Further Assurances. At any time, and from time to time, upon request of Lander, Trustar will make, exacute and deliver, or will cause
<br />to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded,
<br />refiled, or reracorded, as the aase may ba, at 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 agreements, financing statements, continuatian statemants, instruments of
<br />further assurance, certificates, and other documents as may, in the sole opinfon of Lender, be necessary or desirable in order to
<br />effectuate, complete, perfect, cqntinue, or preserve (1 � Bvrrower's and 7rustor's obligations under the Note, this Deed of Trust, and
<br />the Related Documents, and (2) the liens and security interests created by this peed af Trust on the Property, whether now owned
<br />or hareafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writing, Trustor shall reim6urse Lender
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