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<br />� ' ' � � • ` � ° � °' ` DEED OF TRUST
<br />(Continued) 2 O 1 O O 9 O�► �; Page 3
<br />(B) be added to the balance of the Note and be appartioned among and be payabis with any instaliment payments to become due during
<br />either (1) the term of any appliceble insurance policy; or (2► the remaining term of the Note; or (C) be treated as a balloon payment
<br />which will be due and payabla at the Note's maturity. The �esd of Trust also will secure payment of these amounts. The rights provided
<br />for in this paragrsph shall be in addition to any o[her rights or any remedies to which Lender may 6e entitled on account of any default.
<br />Any such action by Lender shall not be construed as curing the default so as to bar Lender from any remedy that it otherwise would have
<br />had.
<br />WAiiRANTY; DEFENSE QF TITLE. The following provisions relating tp pwnership of the Property are a part af this peed of Trust:
<br />Title. Trustor warrants that: (a) Trustor holds good and marketable titla af 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 any title insurance policy, title report, or final
<br />title opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust, and (b) Trustor has the full right,
<br />power, and authority to execute and deliver this Deed of Trust to Lender.
<br />Defense af Title. Subject to tha exception in the paragraph above, Trustor warrants and will forever defend the title to the Property
<br />against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Trustor's title or the
<br />interest of 7rustee 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 awn choice, and 7rustor will deliver, or cause to be delivered, to Lender such instruments as Lender may
<br />request from time xo time to permit such participation.
<br />Compflanca Wikh 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 Promises. All promises, agreements, and statemen#s Trus[or has made in this Deed of Trust shall survive the execution
<br />and delivery of this Deed of Trust, shall be continuing in nature and shall remain in full force and affect until such time as Trustor's
<br />Indebtedness is paid in full.
<br />CONDEMNATION. The following provisions relating to cnndemnation proceedings are a part of this �eed 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 to defend the action and obtain the award. 7rustor may be the nominal party in such
<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 Trustar 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 Procaeds. If all or any part of tha 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 qf the net proceeds of the award be applied
<br />to the Indebtedness or the repair or restoration of the Property. T'he net proceeds of 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 OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. 7ha fallawing provisions relating to gvvernmental
<br />taxes, fees and charges are a part of this beed of Trust:
<br />Current Taxes, Fees and Charges. Upon request by Lender, Trustor shall execute such documents in addition to this Deed of Trus[
<br />and take whatever other action is requasted by Lender to perfect and continue Lender's lisn on the Real Property. Trustor shall
<br />reimburse Lender for all taxes, as described 6elow, together with all expenses incurred in recording, perfacting or continuing this Deed
<br />of Trust, including without limitation all taxes, tees, documentary stamps, and other charges for 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 nf Trust or upon
<br />all or any part of the Indebtedness securad by this Deed of 'Trust; (2) a specific tax on 7rustor which Trustor is authorized or
<br />required to deduct firom payments on the Inde6tedness secured by this type of Deed of Trust; (3) a tax on this type of Deed of 7rust
<br />chergeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on
<br />payments of principal and interest made by Trustor.
<br />SubsequBnt T�xes. If any tax to which this section applies is enacted subsequent to tha date of this Deed of Trust, this event shall
<br />have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as
<br />provided below unless Trustor either (1) pays the tex 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 corporate surety bond or other security satisfactory to Lender.
<br />SECURITY AGREEMENT; FINANCING STATEMENTS. 7he following provisions relating to this peed of Trust as a security agreement are a
<br />part of this Deed 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 Cammercial Code as amended from time to time.
<br />Security Interest. Upon request by Lender, Trustor shall take whatever ac[ion is requested by Lender to perfect end continue Lender's
<br />security interest in the Personal Property. In addition to recording this Daed of Trust in the real praparty records, Lender may, at any
<br />time and without further autharization from Trustor, file executed 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 />default, Trustor shall not remove, sever or detach the Personal Property from the Property. Upon default, Trustor shall assemble any
<br />Personal Property nvt affixed to the Property in a manner and at a place reasonably canvenient to Trustor and Lender and make it
<br />available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applica6ls law.
<br />Addresses. The mailing addresses of Trustor (debtor) and �ender (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 Gode) are as stated on the first
<br />page of this Deed of Trust.
<br />FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attprney-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 Lender, 7rustor will make, execute and deliver, or will cause
<br />to be made, executed pr dalivered, to Lender or to l.ender's designee, and when requested by Lender, cause to 6e filed, recorded,
<br />refiled, or rerecorded, as the case may be, at such times and in such oftices and places as Lender may deem appropriate, any and all
<br />such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statemsnts, instruments of
<br />fur[her assurance, certificates, and other documents as may, in the sale opinion of Lender; be nacessary or desirable in order to
<br />effectuate, complete, perfect, continue, or preserve (1) Trustor's obligations under the Note, this Deed of Trust, and the Related
<br />Documents, and (2) the liens and security interests created by this Peed of Trust as first and prior liens on the Proper[y, whether
<br />now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writing, Trustor shall
<br />reimbursa Lender for all costs and expenses incurred in connection with the matters refarred to in this paragraph.
<br />Attorney-in-Fact. If 7rustar 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 for
<br />the purpose of making, executing, dslivering, filing, recording, and doing ell other things as may ba necessary or desirable, in Lender's
<br />sole opinion, to accomplish the mattars referred to in the preceding paragraph,
<br />FULL PERFORMANCE. If Trustor pays all the Indebtedness when due, and otherwise pertorms all the obligations imposed upon Trustor
<br />under this beed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to
<br />Trustor suitable statemenis of termination of any financing statement an file evidencing Lender's security interest in the Rents and the
<br />Personal Property. Any reconveyance fee required by law shall be paid by Trustor, if permitted 6y applicable law.
<br />EVENT5 OF pEFAULT. At Lender's option, Trustor will be in defauft under this Deed of Trust if any of the following happen:
<br />Payment Default. Trustor fails to make any payment when due under the Indebtedness.
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