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DEED OF TRUST c � c �
<br />Loan No: 932�84 ' 7 � r , (Continued) �+ � 1 0 � 9� 6�G Page 3
<br />payable at the Nate's maturity. The Deed of Trust also will secure payment of these amounts. Such right shall be in addition to all other
<br />rights and remedies to which Lender may be entitled upon Default.
<br />WARRANTY; pEFENB� OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust:
<br />7itle. Trustar warrants that: (a) Trustor holds good and marketable title of record to the Property in fee simple, free and clear.of all
<br />liens and encum6rances 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 6y, Lender in connection with this �eed of Trust, and (b) 7rustor has the full right,
<br />power, and authority to execute and deliver this Deed of Trust to Lender, •
<br />Defense of Title. Subject to the exception in the paragraph above, Trustor warrants and will forever defend the title to the Property
<br />against the lawful claims pf all persons. In the event any action or proceeding is commenced that questipns Trustar's title or the
<br />interest of 7rustee or Lender under this Deed of Trust, Trustor shall defend the action at 7rustor's expense. Trustor may be the
<br />nominal party in such proceeding, but Lender shall be antitled to participate in the proceeding and to be represented in the pracesding
<br />by counsel of Lender's own choice, and Trustor will deliver, or cause to be delivered, to Lender such instruments as Lender may
<br />raquest from time to time to permit such participation.
<br />Compliance With Laws. 7rustor warrants that the Property and Trustor's use of the Property compliss with all axisting applicable
<br />laws, ordinances, and regulations of governmental authorities.
<br />Survival of Representations and Warranties. AII representations, warranties, and agreemants made by Trustor in this Deed of Trust
<br />shall survive the execution and delivery of this Deed of Trust, shall ba cnntinuing in nature, and shall remain in full force and effect
<br />until such time as Trustor's Indebtadnass shsll ba paid in full.
<br />CON�EMNATION. The following provisians relating tv condemnation proceedings are a part of this Deed of Trust:
<br />Proceedings. If any proceeding in condemnation is filed, 7rustor shall promptly notify Lender in writing, and Trustor shall promptly
<br />take such steps as may be nacessary to defend the action and obtein the award. Trustor may be the nominal party in such
<br />proceeding, but Lender shall be entitled to participate in the proceeding and tn be represented in the proceeding by counsel of its 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 participation.
<br />Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain prviceedings or by any proceeding or
<br />purchase in lieu of condemnation, Lender may at its election raquire that all ar any portian of the net proceeds of the award be applied
<br />to the Indebtedness or the repeir or restvratiqn pf the Property. The net proceeds of the award shall mean the award after payment of
<br />all reasonable casts, expanses, and attorneys' fees incurred by Trustee or Lender in connection with the condemnation.
<br />IMPOSITION 0'� TAX�S, FEES AND CHARGES BY GQVERNMENTAL AUTHORITIES. The following provisions relating to gouernmental
<br />taxes, feas and charges are a part of this Deed of Trust:
<br />Current Taxes, Fees and Charges. Upon request by Lender, 7rustor shall execute such documen#s in addition to thia peed of Trust
<br />and take whatever other ac[ion is requested by Lender to perfect and continue l.ender's lisn on the Real Property. Trustor shall
<br />reimburse Lender for all taxes, as described below, together with all expenses incurrad in recording, perfecting or continuing this Deed
<br />of 7rust, including without limitation all taxes, faes, documentary stamps, and other charges for recording or registering this Deed of
<br />Trust.
<br />Taxes. The following shall constituta taxas to which this sectian applies: (1 � a specific tax upnn this type of Deed of Trust or upon
<br />all or any part of the 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 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 of the Indebtadness or on
<br />payments of principal and interest made by Trustor.
<br />Subsequent Taxes. If any tax to which this saction applias is enactad subsequent to the date of this Deed of Trust, this event shall
<br />have the sama affect as an Event of Default, and Lender may exercise any or ell of its availa6le remedies tor 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 abave in the
<br />Taxes and Liens section and deposits with Lender cash or a sufticient corporate surety bond or other security satisfactvey to Lender.
<br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed ot Trust as a security agreement ara 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 canstitutes fixtures, and
<br />Lender shall have all of the rights of a secured party under the Uniform Commercial Cade as amended from time to tima.
<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 Dead of 7'rust in the real prvparty records, Lender
<br />may, at any time and without further authqrization frqm Trustpr, fila axecuted counterparts, copies or reproductions of this Deed of
<br />Trust as a financing statement. Trustor shall reim6urse 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 frvm the Property. Upon default, Trustor shall
<br />assemble any Personal Property nat affixad to the Proparty in a manner and at a placa reaspnably convenient tn Trustar and Lender
<br />and make it availa6le 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 of Trustor (debtor) and Lender (secured party) from which information concerning the security
<br />interest granted by this Deed of 7rust may be obtained (each as required by the Uniform Commercial Cvde) 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 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, axecuted or dalivered, ta Lender pr to Lender's designee, and whan raquested 6y Lender, cause tp be filed, recorded,
<br />refiled, or rerecvrded, as the case may 6e, at such timas and in such offices and places as Lender may deem apprppriate, any and ell
<br />such mortgages, deeds af 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 l.ender, be necessary or desirable in order ta
<br />effectuate, complete, perfect, continue, ar preserve (1) 7rustor's obligations under the Note, this Daed of Trust, and tha Relatad
<br />Documents, and (2) the liens end security interests created by this Deed of Trust as first and prior liens on the 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 fpr all costs and expenses inCUrred in connection with the matters referred to 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 Trustar and at Trustor's expense. For such purposes, Trustor hareby 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 desirabla, in Lander's
<br />sole opinion, to accomplish the matters referred to in the preceding paragraph.
<br />FULL pERFQHIVIANCE. If 7rustor pays all the Indebtedness, including without limitation all future advances, when due, and otherwise
<br />performs all the obligations imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full
<br />reconveyance and shall execute and delivar to Truator suitable 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 applicable law.
<br />EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this beed of Trust:
<br />Payment Default. Trustor fails to make any payment when due under tha Indebtedness.
<br />Other �efaults. Trustor fails ta comply with or to perform any other term, obligation, covenant or condition contained in this Deed of
<br />Trust or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition containad in any
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