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DEED QF TRUST 2 Q i Q � g 4 1�
<br />Loan No: 810088 (Cantinued� Page 3
<br />under this beed of Trust, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the
<br />Indebtedness. If �ender holds any proceads after payment in full of the Indebtedness, such proceeds shall be paid to Trustnr as
<br />Trustor's interests may appear.
<br />Cpmpliance with Existing Indebtedness. During the period in which any Existing Indebtedness described below is in effect, compliance
<br />with the insurance provisions contained in the instrument evidencing such Existing Indebtedness shall constitute compliance with the
<br />insurance provisions under this Deed of 7rust, to the extent compliance with the terms of this Deed of Trust would constitute a
<br />duplication of insurance requirement. If any proceeds from the insurance 6ecome payable on loss, the provisions in this beed of Trust
<br />for division of proceeds shall apply only to that portion of the proceeds not payable to the halder of the Existing Indebtedness.
<br />Trustor's Report an Insurance. Upon request of Lender, however not more than once a year, Trustor shall furnish tb Lender a report
<br />on each existing policy of insurance showing; (1) the name of the insurer, (2) the risks insured; (3) the amount of the pnlicy; (4)
<br />the property insured, the then current replacement value of such property, and the manner of de#ermining that value; and (5) the
<br />expiration date of the pnlicy. Trustor shall, upon request of Lender, have an independent appraiser satisfactory to Lender determine
<br />the cash value replacement cost pf the Property.
<br />LENb�R'S EXPENDITURES. If any action or proceeding is commenced that would materially affect I�ender's interest in the Prvperty or if
<br />Trustor fails to comply with any provision of this Deed of Trust or any Related bocuments, including but not limited to Trustor's failure to
<br />comply with any obligation to maintain Existing Indebtedness in good standing as requirad below, or to discharge or pay when due any
<br />amounts Trustor is required to discharge or pay under this Deed of Trust or any Related Documents, Lender on Trustor's behalf may (but
<br />shall not 6e obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens,
<br />security interests, encumbrances and other claims, at any time levied or 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 da#e of repayment by Trustor. All such expenses will become
<br />a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be
<br />apportioned among and be payable with any installment payments to become due during ei#her �1) the term of sny applicable insurance
<br />pvlicy; or (2) the remaining term of the Nate; or (C► bs treated as a balloon payment which will be due and payable at the Note's
<br />maturity. The beed 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 Default.
<br />WARRANTY; UEFENSE pF TITLE. The following provisions relating to ownership of the Property are a part of this beed of Trust:
<br />Title. Trustor warrants that: (a) 7rustnr holds good and marketable title of 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 the Existing Indebtedness section 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 execute and deliver this beed of 7rust to Lender.
<br />Defense of Title. 5ubject to the exception in the paragraph above, Trustor warrants and will forever defend the title to the Property
<br />against the lawful ciaims of all persons. In the event any action or proceeding is commenced tha# questions Trustor's title or the
<br />interest of Trustee or Lender under this Deed of Trust, 7rustor shall defend the action at 7rustor's expense. Trustor may be the
<br />nominal party in such proceeding, but Lender shall be sntitled to participate in the proceeding and to be represented in #he prnceeding
<br />by counsel of Lender's own choice, and Trustvr will deliver, or cause to be delivered, to Lender such instruments as Lender may
<br />request from time to time to permit such participation.
<br />Compliance With Laws. 7rustor warrants that the Property and Trustor's use of the Property complies with all existing applicable
<br />laws, ordinances, and regulations of gavernmental authorities.
<br />Survival of Representations and Warranties. All representations, warranties, and agreements made by Trustor in this Deed of Trust
<br />shall survive the axecution 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 be paid in full.
<br />EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part ot this Dsed of Trust:
<br />Existing Lien. The lien of this Deed of Trust securing the Indebtedness may be secondary and interior to an existing lien. Trustor
<br />expressly covenants and agrees to pay, or see to the payment of, 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 />indebtednass.
<br />No Madification. Trustor shall not enter into eny agreement with the holder of any mortgage, deed of trust, or other security
<br />agreement which has priority over this Deed of Trust by which that agreement is madified, 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 writ#en consent of Lender.
<br />CONDEMNATION. The following provisions relating to condemnatian proceedings are a part of this Deed vf Trust:
<br />Proceadings. If any proceeding in condemnation is filed, Trustor shall promptly notify Lender in writing, and Trustor shall promptly
<br />take such s#eps as may be necessary to defend the action and obtain the award. Trustor may be the nominal party in sur,h
<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 />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 Proceeds. If all pr any part nf the Property is condemned by eminent domain proceedings or by any proceeding or
<br />purchase in lieu of condemnativn, 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 awerd shall mean the award after payment of
<br />all reasona6le costs, expenses, and attorneys' fees incurred 6y Trustee or Lender in connection with the condemnation.
<br />IMPOSITIpN OF TAX�S, FEES ANp CHARGES BY GOVERNMENTAL AUTMORITIES. 7he following provisions relating to governmental
<br />taxes, fees and charges are a part vf this Deed of Trust:
<br />Current T�xes, Fees and Charges. Upon request by Lender, Trustor shall exenute 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. Trustar shall
<br />reimburse Lender for all taxes, as described below, togsther with all expenses incurred in recording, perfecting or continuing this Deed
<br />of Trust, including without limitation all texes, fees, documentary stamps, and other charges for recording or registering this Deed of
<br />Trust.
<br />Taxes. The following shall constitute taxss to which this section applies: (1) a specific tax upon this type of peed of Trust or upon
<br />all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on 7rustor which Trustor is authorized or
<br />required to deduct from payments an the Indebtedness secured 6y this type of Deed of Trust; (3) a tax on this type of Deed of Trust
<br />chargea6le against the Lender or the holder of the Note; and (4) a spacific tax on all or any portion of the Indebtedness or on
<br />payments of principal and interest made by Trustor.
<br />Subsequent Taxes. If any tax to which this section appties is enacted subsequent to the dste of this Dead of Trust, this event shall
<br />have the same effect as an Event of ❑efault, and Lender may exercise any ar all of its available remedies for an Event vf Default as
<br />provided below unless Trustor either (1) pays the tax before it becomes delinquent, or (2) contests the tax ss provided above in the
<br />7axes and Liens section and deposits with Lander cash or a sufficient corporate surety bond or other security satisfactory to Lender.
<br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this beed of Trust as a security agreement are a
<br />part of this beed of Trust:
<br />Security Agreement. 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 secured party under the Uniform Commercial Code as amended from time to time.
<br />Security Interest. Upon request by Lender, Trustor shall take wha#ever action is requested by Lender to pe�fect and continue Lender's
<br />security interest in the Rents and Personal Property. In addition to recording this Deed of Trust in t e r�al prqpertW racords, Lender
<br />may, at any time and without further authorization from Trustor, file executed counterparts, copi�3 �r 12prddGctions of this beed of
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