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.•' �,' � � � � `} � y � �, D�ED OF TRUST
<br />(Continued) 2 Q i Q Q$$��► �a 3
<br />balance of the Note and ba apportioned,among and be paya6le with any instal�m�nt paymenta,to bacame due,during sither (1) the term of
<br />any applic�ble insurance qr (2) the.remaining term of the Note� or, (C►;, paymant which will_be due and
<br />payable at the Note's maturity. The Dead of 7rust also yyill secure peyment af these amounts. Such right shall be in addition to all ather
<br />rights and remedies ta which Lender may be entitled upon pefault.
<br />WARRANTY; DEFEN$E QF TITLE. ,The proyisiona relating to ownershi�a of the Prvperty are a part nf this f]eed af Trust;
<br />Title. 7rustor warrants thet: (a) Trustor holds goad and marketable title of record to the Prnparty in fee simple, frae and clear of all
<br />liens and encumbrances other than those set forih in #he Real Property description or in any title insurance policy, title raport, or final
<br />title opinion issusd in favor of, and accepted by, Lender in connection with this Deed of Trust, end (b) Trustor has the full right,
<br />power, and authority to execute and deliver this Deed af Trust to Lender.
<br />Defense af Title. Su6ject to the exception in the paragraph above, 7rustor warrants and will forever defend the tikla to the Property
<br />against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Trustnr's title or the
<br />interest ot Trustee or Lender under this Deed of Trust, Trustpr shall defend the actian at Trustqr'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 Trustor will deliver, or cause to be delivered, to L2nder such instruments ss Lender may
<br />request from time to time to permit such participation.
<br />Compliance Wi#h l.ews. 7rustor warrants that ihe Property and Trustor's use af the Property complies with all existing applicable
<br />laws, ordinances, and regula#ions of governmentai authorities.
<br />Survival of Representations �nd Warrantias. All representations, warranties, and agreements made by Trustor in this Deed of 7rust
<br />shall survive tha execution and delivery of this Dead of 7rust, shall be continuing in nature, and shall remain in full force and effact
<br />until such time as Trustor's Indebtedness shall be peid in full.
<br />CONaEMNATION. The following provisions relating to condemnation procaadings are a part of this Deed of Trust:
<br />procaedings. If any procaedfng in condamnation is filed, Trustqr ahall promptly nptify Ler�der in writing; and Trustar shail promptly
<br />take such ateps as may be necessary to defand ihe action and obtain the award. Trustor may be the nominal party in such
<br />prpcaeding, bui Lender shall be entitled to participate in the praceeding and to be represented in the proceeding by counsal pf its own
<br />choice, and Trustpr will deliver or cause to be delivered to Lender such instruments and documentatipn as may be requested by
<br />Lender from time tn time to permit such participation.
<br />Applicatian of Net Proceeds. If all or any part of the Properky is condemned by eminent domain proceedings or by any proceeding or
<br />purchase in liau of condemnatian, I.ender may at its election require that ell or. any portion of the net proceeds ot the award be applied
<br />to the Indebtedness or the repair or res#oration of the Property. Th'e net proceeds of the award shall mean the award after paymant of
<br />all reasonabla casts, expenses, and attorneys' fees incurred by 7rustee or Lender in connection with the condemnetion.
<br />IMPOSITION OF TAXES, FEES ANp CHARGES BY GDVERNM�NTAL AUTNORITIES. The following provisions relating to governmental
<br />taxes, fess and charges are a part of this Deed of Trust:
<br />Current Taxes, Feea and Charges. Upon request by Lender, Trustor shall execute such dacuments in addition to thia beed of Trust
<br />and take whatever othar action is reques#ed by Lender ta perfect and continue Lender's lisn on the Real Property. Trustor shall
<br />reimburse l.ender for all taxes, as described below, together with all expensas incurred in recording, perfecting qr continuing this Deed
<br />of Trust, including without limitation all taxes, faes, documentary stamps, and ather charges far recording or registering this Deed of
<br />Trust.
<br />Taxas. The following shall aonstitute taxes to which this section applies: (1) a specific tax upnn this type of Deed of 7rust or upon
<br />all or any part of the Indebtednass secured by this f?eed of Trust; (2) a ep.ecific tax on Trustor which Trustor is authorized or
<br />required to deduct from payments on the Indebtedness secured by this type of Deed af 7rust; (3) a tax on this type of beed of Trust
<br />chargeabla against the Lender or the holder of the Nnte; and (41 a specific tax on all or any portion of the indebtedness oc on
<br />payments of principal and interest made by Trustor.
<br />Subsequent 1'axas. If any tax to which this section applias is enacted subsequent to the date of this Deed of 7rust, this event shall
<br />have the same effect as an Event of Default, and l.ender may exercise any or all qf its auailable remedies for an �vent of Default as
<br />provided below unlsss Trustor either 11) Pays the tax befare it 6ecomea delinquent, or (2) contests the tax as provided above in the
<br />Texea and Liens sectipn and daposits with Lender cash or a sufficiant corporate surety bond or other security satisfactory to Lender.
<br />SECURITY AGREEMENT; FINANCING STAT�MENTS. The followinp provisions rela�ing to this Deed of 7rust as a security agreement are a
<br />part af this Deed of Trust:
<br />Security Agreemant. Thia instrumen[ shall constitute a Security Agreement to the extent any af the Property constitutes fixtures, and
<br />Lender shall ,have all of the rlghts of a secured party under the Uniform Commercial. Cqde as amended from time to time.
<br />Sacurity dnterest. Upon request iay Lender, Trustor shall taka whatever gction is requested 6y Lender to perfect and cpntinue Lender's
<br />security interast in the Rents and Personal Property. In`addition to recording this Deed of Trust in the raal property records, lender
<br />may, at any time and without further au#horization from Trustor, file executed coun#erparts, copies or reproductions of this Desd of
<br />Trusf as a financing statement. Trustor shall reimburse Cander for all expenses incurred in perfecting or continuing this security
<br />interest. Upon default, Trus'tor shall not remove, sever or detach the Persanal Property from the Proparty. Uporrdefault, Trustor shall
<br />assemble any Personal Property not affixed to the Property in a menner and at s place reasanably convenient to Trustor and Lender
<br />and make it available to Lender within threa (3) days efter receipC of written demand from Lender to the extent permitted by appiicable
<br />law.
<br />Addresses. 7he mailing addressas of Trustor (debtor) and Lender (secured party) from which information concarning the security
<br />interest granted 6y this paed af Trust may be obtained (each as required by the llniform Gommercial Code) are as stated on tha first
<br />page of this Deed of Trust. ,
<br />FURTHER ASSURANCES; ATTdRNEY-IN-FAC7. 7he following provisions relating to furthar 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 Lendar, Trustor will make, execute and deliver, or will cause
<br />to be made, executed ar delivered, to Lendsr or to Lender's designee, and when requested by Lender, cause to pe filed, recorded,
<br />refilad, or rerecorded, es the case may be, at such times and in such affices and places es l.ender may deem appropriate, any and all
<br />such mortgages, deeds qf trust, security deeds, security agreements, financing statements, cqntinuation statements, instruments of
<br />further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to
<br />etfectuata, camplete, perfect, continue, or preserve (7) Trustor's obligatians under the Note, this peed of Trust, and tha Related
<br />Documents, and (2) the liens and security interasts created by #his Daed of 7rust as firs# and prior liens on the Property, whether
<br />now owned or hereafter acquired by Trustor. UNass prohibited by law or Lender agrees to the contrary in writing, Trus[or shall
<br />reimburse Lender for all costs and expenses incurred ir� connection with the matters referred to in this p�ragraph.
<br />Attorney-in-Fact. If 7rustar fails to do any of the things refarred to in the prsceding paragraph, Lender may do so for and in the name
<br />of Trustor and at Trustor's expense. For such purposes, Trustbr herqby irrevocably appoints Lendar as Trustor's attorney-in-fact for
<br />tha purpose of making, axecuting, delivering, filing, recording, and doing all other thinga as may be necessary or dasirable, in Lender's
<br />sole qpinion, to accomplish the matters referred to in the preceding paragraph.
<br />FUI.L PEREORMANC�. If Trustor pays, ail the Indebtednesa, including without limitation all future advances, when due, and atherwise
<br />parforms all [he obligations imposed upon Trustor under this psad of Trust, Lender shall execute and delivar to 7rustee a requast far full
<br />reconveyance and shall execute and deliyer to Truatar suitable sta#aments of terminativn af any financing statement on file evidencing
<br />Lender's security interest in the Rents and the Personal Property. Any 'reconveysnce fee required by lew shall ba paid by Trustor, if
<br />permitted by �pplicable ,
<br />�VENTS OF DEFAU�,T. Each ot the following; at Lender's pption, shall canstitute an Even# qf Default under this Daed of Trust:
<br />Payment Defsult. 7rustor fails to make any payment when due under the Indebtedness.
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