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D�ED OF TRUST 2 Q i Q 0 9 2 � J
<br />� y � � ' : i � i r � � ; � (Continued) page 3
<br />such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the
<br />6alance of the Note and be apportioned among and be payahle with any installment payments to become due during either (1) the term of
<br />any applicable insurance policy; or (�) the remaining term of the Note; or 1C) 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 af these amounts. 5uch right shall be in addition to all other
<br />rights and remedies to which Lender may be entitled upon �efault.
<br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Prvperty are a part of this Deed of Trust:
<br />Title. Trustor warrants that: (a) Trustor holds good and marketable title of record to the Property in fee simple, frae and clear of all
<br />liens and encumbrances other than those set forth in the Resl Property description or in any titte 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 autharity to execute and deliver this Deed of Trust ta Lender.
<br />Defense of Title. Subject to the excep#iqn in the paragraph above, Trustor warrants and will forever defend the title tp the Property
<br />against the lawful claims of all persons. In tha evant any action or proceeding is commenced that questions Trustor's titls or the
<br />interest of Trustee or Lender under this beed 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 ta be represented in the proceeding
<br />by counsel of Lender's own choice, and Trustor will deliver, or cause to be delivered, ta Lender such instruments as Lender may
<br />request from time to time to permit such participation.
<br />Compliance With Laws. Trustor warrants that the Proparty 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 hy l'rustor in this Deed of Trust
<br />shall survive the execution and delivery of this Deed ot Trust, shall be avntinuing in nature, and shall remain in full force and effect
<br />until such time as 7rustor's Indebtedness shall be paid in full.
<br />CON�EMNATION. 7he fvllowing provisions relating to condemnatian 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 Trustor shall promptly
<br />taka such steps as may be necessary to defend the action and obtain the award. Trustor may be the naminal 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 Trustor will deliver ar cause to be delivered to Lender such instruments and documentation as may 6e requested 6y
<br />Lender from time #o time to permit such participation.
<br />Application of Net Praceeds. If all or any part of the Property is condemned by eminent domain proceedings or by eny proceeding or
<br />purohase in lieu of condemnation, Lender may at its alection require that all or any portion of the net proceeds of the award be applied
<br />to the Indebtedness or the repair or restoration vf the Property. The 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 />111APOSITION pF TAXES, FEES AND CHARGES eY G4VERNMENTAL AUTHORITI�S. The following prvvisions relating to governmental
<br />taxes, fees and charges are a part of this Deed of Trust:
<br />Current T�xes, Fees and Chargas. Upon request by Lender, Trustar shall execute such documents in addition to this Deed of Trust
<br />and iake whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Trustor shall
<br />reimburse Lender for all taxes, 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 registering this Deed of
<br />Trust.
<br />Taxes. The following shell constitute taxes to which this section applies: �1) a specific tax upan this #ype of peed of Trust or upon
<br />all or any part of the Indebtedness secured by this Deed of Trust; (2) u specific tax on Trustor which Trustor is authorized or
<br />required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (3) a tax on this type of Deed of Trust
<br />chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion pf the Indebtedness or on
<br />payments of principal and interest made by 7rustor.
<br />Subsequent Taxes. If any tax to which this section applies is enacted subsequant to the date of this Peed of Trust, this event shall
<br />have the same effect as an Event of befault, 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 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 corporate surety bond or other security satisfactory to Lender.
<br />SECURITY AGREEMEIVT; FINANCING STATEMENTS. The fnllowing provisions relating to this Deed of Trust as a security agreement are a
<br />part of this Desd 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 af a secured party under the Unitorm Commercial Code as amended from time to time.
<br />Security Interest. Upon request by Lender, Trustor shall teke whatever action is requested by Lender to perfact and continue Lender's
<br />security interest in the Rents and Personal Property. In addition to recording this Deed of Trust in the real property records, Lender
<br />may, at any time and without further authorization from Trustor, tile executed counterparts, copies or reproductions of this beed 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, Trustor shall not remove, sever or detach the Personal Property from the Property. Upon default, Trustar shall
<br />assemble any Personal Property not affixed to #he 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 trom Lender to tha extent permitted by applicable
<br />law.
<br />Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) frbm which intormation cpncerning 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 />FUR7HER ASSURANCES; ATTppNEY-IN-FACT. The following prvvisivns relating to further 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 Lender, Trustor will make, execute and deliver, or will cause
<br />to be made, executed or delivered, to Lender or to Lender's deaignee, and when requested 6y 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, 6e necessary or desirable in order to
<br />effectuate, complete, perfect, continue, or preserva (1) Trustor's o6liga#ions under the Note, this Deed of Trust, and the Related
<br />Documents, and (2) the liens and security interests crea#ed by this Deed of Trust as first and prior liens on the Property, whether
<br />now owned or hereafter acquired by Trustar. Unless prohibited by law or Lender agrees to the cvntrsry in writing, Trustor shall
<br />reimburse lender for all costs and expenses incurred in connec[ion with the matters referred [o in this paragraph.
<br />Attorney-in-Fact. 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 for
<br />the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's
<br />sole opinion, to accomplish the matters referred to in the preceding paragraph.
<br />FULI. PERFORMANCE. If Trustor pays all the Indebtedness, including without limitation all future advances, when due, and oiherwise
<br />performs all the obligations imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to Trustee a request far full
<br />reconveyance and shall execute and deliver to Trustor suitahle statements of termination of any financing statement on file evidencing
<br />Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by law shall be paid by Trustor, if
<br />permitted by appliceble Isw,
<br />EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed pf Trust:
<br />Paymant Default. Trustor fails ta make any payment when due under the Indebtedness.
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