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�, , .., � , � DEED OF TRUST n♦n �
<br />(Continued) � V 1 V� O O�� Page 3
<br />Trustor fails to comply with any provision of this Deed of Trust or any Related Documents, including but not limited to Trustor's failure to
<br />discharge or pay when due any amounts Trustor is required to discharge or pay under this beed of Trust or any Related Documents, Lende'r
<br />on Trustor's behalf may (�ut shall not be pbligated to) take any action that Lender deems appropriate, including but not limited to
<br />discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and
<br />paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes
<br />will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the dete of repayment by Trustor. All
<br />such expenses will become a part of the Indebtedness and, at Lender's optian, wili (A) be payable on demand; (B) be added to the
<br />balance of the Note and be apportioned among and be payable with any instaliment payments to become due during either (1) the term of
<br />any applicable insurance policy; or (2) the remaining term pf the Note; or (C) be treated as a balloon payment which will be due and
<br />payable at the Note's maturity. The Deed of Trust also will secure payment of these amounts. Such right shall be in additivn to all other
<br />rights and remedias to which Lender may be entitled upon Default.
<br />WARRANTY; DEFENSE QF TITLE. The fvilowing provisions relating ta ownership af the Propsrty ara a pert of this Deed of 7rust:
<br />Title. Trustor warrants that: (a1 Trustor 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 fprth in the Real Prpperty dascription or in any title insurance policy, title raport, or final
<br />title opinion issued in favor of, and accepted by, Lender in connection with this Peed vf 7rust, and (b) Trustvr hes tha full right,
<br />ppwer, and authority to execute and deliver this �eed of Trust to Lender.
<br />Defense of Title. Subject to the exception in the paragraph a6ove, Trustor warrants and will forever defend the title to the Proper[y
<br />against the lawful claims of all perspns. In the event any action or prpceeding is commenced that questions Trustor's title or the
<br />interest of Trustee or lendar under this beed of Trust, Trustor shall d9fend the action 8t 7rustor's expense. Trustor may be the
<br />npminal party in such proceeding, �ut Lender shall be entitled to participate in the prpcesding and to be represented in the proceeding
<br />by counsel of Lender's nwn choice, and Trustor will deliver, or cause to be delivered, to Lender such instrumenis as Lender may
<br />request from time to time to permit such participation.
<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 regulations of governmental authorities.
<br />Survival of Representations and Warranties. All representations, warranties, and agreements made by Trustor in this Deed of Trust
<br />shall survive the execution 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 />CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust:
<br />Procaedings. If any proceeding in condemnation is filed, Trustor shall promptly notify Lender in writing, and Trustor shall promptly
<br />take such steps as may be necessary ta defend the action snd obtain the award. Trustor may ba the nominal party in such
<br />proceeding, but Lender shall be entitled to participate in the proceeding and to 6e 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 ta permit such psrticipation.
<br />Application 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 nr 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 vf the award shall mean the award after payment of
<br />all reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lender in connection with the condemnation.
<br />IMPOSITION QF TAXES, FEES AND CHARGES BY GOVERNM�NTAL AUTHORITIES. The following provisions relating to governmen[al
<br />taxes, fees and charges are a part of this Deed of Trust:
<br />Current Taxes, Fees and Gharges. Upan 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 pBrfect and continue Lender's lian pn the Real Prqperty. Trus#qr shall
<br />reim6urse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this beed
<br />of Trus#, including without limitation all taxes, fees, documentary stamps, end other charges fnr 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 #he Indebtedness secured by this Deed of Trust; (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 Desd of Trust; (3) a tax on this type of Deed of Trust
<br />chargeable against the Lender or the holder of the Note; and (�) a specific tax on all or any pprtipn pf the Indebtedness or on
<br />payments of principal and interest made by 7rustvr.
<br />Subsequent Taxes. If any tax to which this section applies is enected subsequent to the date of this Daed af Trust, this event shall
<br />have the same effect as an Event of Default, and Lender may exercise any or all of its av�ilat�le remedies for an Event of Default as
<br />provided below unless Trustor 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 corparate surety band or ather security satisfactory to Lender.
<br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreemen[ are a
<br />part of this Deed of Trust:
<br />Security Agreement. This instrument shall constitute a Securi#y Agreement to the extent any of the Property constitutes fixtures, and
<br />Lender shall have all ot the rights of a secured party undsr thg Uniform Commercial Code as amended trom 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 Property. In addition to recording this Deed af Trust in the real property records, Lender
<br />may, at any time and without further authorization from Trustor, file executed counterparts, copies or reproductions of this Deed of
<br />Trust as a financing statement. Trustor shall reimburse Lender for all expenses incurred in perfecting or continuing this security
<br />interest. Upon default, 7rustor shall not remove, sever or detach the Personal Property from the Property. Upon default, Trustor shall
<br />assemble any Personal Property no[ affixed [o the Property in a manner and at a place reasonably convenient to Trustor and Lender
<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 af Trustor (debtor) and Lender (secured party) from which information concerning ihe security
<br />interest granted by this Deed of Trust may be obteined (each as raquired by the Uniform Commercial Code) are as stated on the first
<br />page of this Deed of l"rust.
<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 />Furthar Assurancas. A[ any time, and from time to time, upon request of Lender, Trustor will make, execute and deliver, or will cause
<br />to be made, executed or delivered, to I�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 appropriate, any and all
<br />such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of
<br />further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirabla in. order to
<br />effectuate, complete, perfect, continue, or preserve (1) Trustor's o6ligations under the Note, this Deed of Trust, and the Related
<br />Documents, and (2) the liens and security interests created by this Deed of Trust as firs# and prior liens on ihe Property, whether
<br />now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writing, Trustor shall
<br />reimburse Lender for all costs and expenses incurred in connectipn with the matters referred to in this paragraph.
<br />Attorney-in-Fac#. If Trustor fails to do any of the things referred to in the preceding paragraph, 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 far
<br />the purpose of making, executing, delivering, filing, recording, and doing all othar things as may be neces5ary or desirable, in Lender's
<br />sole opinion, to accomplish the matters referrsd tv in the preceding paragraph.
<br />FULL PERFORMANCE. If Trustor pays all the Indebtedness, including without limitation all future advances, when due, and otherwise
<br />performs all the abligations imposed upon Trustor under this beed of Trust, Lender shall execute and delivar to Trustee a request for full
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