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� � ,; ; ,. , P ` , � � DE�D OF TRUST
<br />l.oan No: 122725 (Continued) 2 Q i Q Q 8 4i 4 g Page 3
<br />Survival af Promises. All pramises, agreements, and statements Trustor has made in this Deed of Trust shall survive the execution
<br />and delivery of this Deed of Trust, shall be continuing in nature end sha�� remain in full force and effect until such time as Trustor's
<br />Inde6tedness is paid in full.
<br />EXISTING INDEBTE�NESS. 7he following provisians concerning Existing Indebtedness are a part of this Deed of Trust:
<br />Existing Lien. The lien of this Deed of Trust securing tha Indebtedness may be secondary and inferior to an existing lien. Trustor
<br />expressly covenants and agrees to pay, or see to the payment of, the Existing Inde6tedness and to prevent any default an such
<br />indebtedness, any default under the instruments evidencing such indebtedness, or any default under any security documents for such
<br />indebtedness.
<br />No Modificatlon. Trustor shall not entar into any 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 futura advsncss undar any such security agreement
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<br />wi#hout the prior wi•iiten conSent pf Lander.
<br />CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust:
<br />Proceedings. If any proceeding in condemnation is filed, Trustor shall promptly notify Lender in writing, and Trustar shall promptly
<br />take such steps as may be necessary to defend the action and obtain the award. Trustor mey 6e the naminal party in such
<br />proceeding, 6ut Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by nounsel of ite own
<br />choice, and Trustnr 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 participa#ion.
<br />Application of Net Prpceeda. 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 tha repair or restoration of ths Property. The net proceeds of the award shall mean the award after payment of
<br />all reasonable costs, expenses, and sttarneys' fees incurred by 7rustee or Lender in connection with the condemnation.
<br />IMPOSITIQN pF TAX�S, FEES ANp CHARGE5 BY GOVERNMENTAL AUTHORITIES. Ths fpllowing prpvisipns ralating to governmental
<br />taxes, fees end charges are a part of this Deed of Trust:
<br />Currant Taxes, �ees and Charges. Upon request by Lender, Trustor shall execute such documants in addition to this Deed of 7rust
<br />and taka whataver other action is requested by Lender to perfect and continue Lender's lien on the Rsal Proparty. 7rustor shall
<br />reimburae Lender for all taxss, as described below, 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 ragistering this Deed of
<br />Trust.
<br />Taxes. 7he following shall constitute taxes to which this section applies: (1) a specific tax upnn this type of beed of Trust or upon
<br />all or any part of the Indebtedness secured 6y this Deed of 1'rust; (2) a specific tax on Trustor which Trustor is authorized or
<br />required to deduct from payments on the Indebtedness secured by this type of peed of 7rust; (3) a tax on this type of Deed of Trust
<br />chargeable against the Lender or the holder ot the Note; and (4) a specific tex on all nr any partion of the Indebtedness or on
<br />payments of principal and interast made by Trustor.
<br />Subsaquent Taxes, If any tax ta which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall
<br />have ths same effsct as an Evant of Default, and Lender may exercise any or all of its availa6le remedies for an Event of Default as
<br />provided 6elow unless Trustor either �1) pays the tax before it becomes delinquent, or (2) contests the tax as qrovided abova in the
<br />Taxes and Liens sectian and deposits with Lender cash or a sufficient co[porate su�ety bond or other security satisfactory to Lender.
<br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement ara a
<br />part of this Deed of Trust:
<br />5ecurity Agreemant. This instrument shall constitute a 5ecurity Agreement to the extent any of the Property constitutes fixturas, and
<br />Lender shall hava all of the rights af a secured party under the Uniform Commercial Code as amended from time to tima,
<br />Security Interest. Upon request by Lender, Trustor shall take whatever actipn is requested by Lender to perfect and continue Lender's
<br />security interest in the Personal Property. In addition to recording this Deed of Truat in the real propsrty recards, Lender may, at any
<br />time and without further authorizetion from Trustor, file exacuted counterparts, copies or reproductions of this Deed of Trust as a
<br />financing statement. Trustor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon
<br />dafault, Trustor shall not remove, sever or detach the Personal Property from the Property. Upon default, 7rustor shall assemble any
<br />Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Trustor and Lender and make it
<br />availabla ta Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law.
<br />Addresses. The mailing addresses of Trustor ldebtor► and Lender (secured party) from which information concerning 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 ASSURANCES; ATTORNEY-IN-FAC7. 7he following provisions relating to further assurances and attorney-in-faot are a pert of
<br />this Deed of Trust:
<br />Further Axsurances. At any time, and from time to time, upon request of Lender, Trustor will make, execute and daliver, or will cause
<br />to be made, executed or detivered, ta Lender or to Lender's designee, and when requested by Lender, cause to be filed, recordad,
<br />refiled, or rerecorded, as the case may be, et 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, continuation statements, instruments of
<br />furthar assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or deairable in order to
<br />effectuate, complete, perfect, continue, or pressrvs (1) Truxtor's obligations under the Note, this Deed of Trust, and the Related
<br />Documents; and (2) the liens and security interests created by this Desd af Trust on the Property, whether now owned or hereafter
<br />acquired by Trustor. Uniess prohibited by law or Lender agrees to the contrary in writing, Trustor shall reimburse Lender for all costs
<br />and expenses incurred in connection with the matters referred to in this paragraph.
<br />Attarney-in-Ferct. If Trustor fails to do any of the things referred to in the preceding paragraph, l.ender may do so for and in the name
<br />of Trustar and at Trustor's axpense. For such purposes, 7rustor hereby irrevocably appoints Lender as Trustor's attomay-in-fact for
<br />the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lander's
<br />sole opinion, to accomplish the matters raferrad to in the preceding paragraph.
<br />FULL PERFORMANCE. If Trustor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Trustor
<br />under #his Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to
<br />rustor suitable statementa of termination of any financing statement on file evidencing Lender's security interest in #ha Rents and the
<br />Personal Property. Any reconvayance fee required by Isw shall be paid by Trustor, if permitted by applicable law.
<br />DEFAULT. At Lender's option, Trustor will be in default under this Deed of Trust if any of the following happen:
<br />� � Fraud or Material Misrepresentation. Trustor commits fraud or material misrepresentation in connection with the terms af the Nota.
<br />Payment pefault. 7rustor fails to meet the repayment terms of the Note for any outstanding balancs.
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<br />Other Defaults. 7rustor's act or failure to act adversely affects Lender's security interest In the Property, or any right of Lender's in
<br />such security.
<br />Right to Cure. If any default, other than a default in payment is curable and if Trustor has not been given a notice of a breach of tha
<br />same provision of this Deed of Trust within the preceding twelve (12) months, it may be cured if Trustor, after Lender sends written
<br />notice to Trustor demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) if the cure requires more than
<br />fifteen (16) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and
<br />thareafter continues and completes all reasonable and necessary steps sufffcient to produce compliance as soon as reasona�ly
<br />practical,
<br />RIGHTS AND REMEDIES QN DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender
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