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DEED OF TRUST
<br />(Continued) 2 Q i� 0 9�'f {'i Page 3
<br />'; 1 e . ' ;' T 1:'
<br />Trustor's Repart on Insurance. Upon request of Lender, however not more than once a year, Trustor shail furnish to Lender a report
<br />on each existing policy of insurance showing: (1) the name of tha insurer; (2) the risks insured; (3) the amount af the policy; (4)
<br />the prpperty insured, the then current replacement value of such property, and the manner of determining that value; and (5) the
<br />expiration date ot the policy. Trustor shall, upon request of Lender, have an independent appraiser satisfactory to Lender determine
<br />the cash value replacement cost of the Property.
<br />LENDER'S EXPENDITURES. If any action or proceeding is commenoed that would materially affect Lender's interest in the Proper[y or if
<br />Trustor fails to comply with any provision of this Deed of Trust or any Rela#ed 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, Lender
<br />on Trustor's behalf may (but shall not be obligated to1 take any actian 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 an the Prpperty and
<br />paying all costs for insuring, maintaining end preserving the Property. All such expenditures incurred or paid by Lender for such purpases
<br />will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Trustor. All
<br />such expenses will become a part of the Indebtedness and, at lender's option, will (A) 6e payable on demand; (B) be added to the
<br />balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of
<br />any applicable insurance policy; or (2► the remaining tarm of the Note; or (C) be treated as a balloon payment which will be due and
<br />payable at the Note's maturity. 7he Deed ot Trust also will secure payment of thiese amounts. 5uch right shall 6e in addition to all other
<br />rights and remedies to which Lender may be entitled upon Default. '
<br />WARRANTY: DEFENSE bF TITLE. 1"ha follnwing_prov_iaions relating to pwnership vf the Pr_operty are a part of this Deed of Trust:
<br />Title. Trustor warrants that: (a) Trustor holds gopd and marketable title of record to the Property in fee simple, free and clear of all
<br />liens and encumbrances oCher than those set fqrth in the Real Prpperty description or in any title insurance policy, title repart, ar final
<br />iiile opinion issued in favor of, and accep#ed by, Lender in connection with this Deed of Trust, and (b) Trustor has the full right,
<br />power, and authority tv 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 ta the Property
<br />against the lawful cleims of all persons. In the event any action or proceeding is commenced that questions Trustor's title or the
<br />interest of Trustee or Lender under this Deed of Trust, Trustor shall defend #he action at Trustor's expense. Trustor may be the
<br />nominal psrty 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 Trustor will deliver, or cause to be delivered, to Lender such instruments 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 authori[ies.
<br />5urvival of Rapresentations and Warranties. All representations, werranties, and agreemen[s made by Trustvr 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 Borrower's Indebtedness shall be paid in full.
<br />CONDEMNATION. The follpwing provisions relating to condemnation proceedings are a part of this Deed of Trust:
<br />Proceedings. If any proceeding in condemnation is filed, Trustor shall promptly notify Lander 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 ta participate in the proceeding and to 6e represented in the proceeding by counsel of its awn
<br />choice, and 7rustor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by
<br />Lender fram time to time to permit such participation.
<br />Applicetian of Net Proceads. If all or any part pf 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 pr any pprtipn of the net proceeds of the award be applied
<br />to the Indebtedness nr the repair nr restnration of the Property. The net prnceeds of the award shall mean the award after payment of
<br />sll rassonable costs; expen�es; and attorneys' fees incurred t�y Trustee or kender in connection with thg condemnatiorr. -
<br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTMORITIES. The following provisions re�ating ta government8l
<br />taxes, fees and charges are a part of this Deed of Trust:
<br />Current Taxes, Fees and Charges. Upon request by Lender, Trustor shall execute such documents in addition ta this f�eed of Trust
<br />and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Proper[y. 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, arid other charges for recording or registering this Deed vf
<br />Trust. :
<br />Taxes. The following shatl constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon
<br />all or any pari of the Indebtedness secured by this Deed of Trust; (2) a specific iax on Bprrower which Borrpwer is authorized or
<br />required to deduct frpm payments on the .Indebtedness sacured 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 pbrtion of the Indebtedness or on
<br />payments of principal and interest made by Borrower.
<br />Su6saquent Taxes. If any tax to which this section applies is enacted subsequen# tq #he date of this beed of 7rust, this event shell
<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 tax before it becomes delinquent, or (2) contests the tax as provided above in the
<br />Taxes and Lisns section and deposits with Lender cash or a sufficient corporate surety bond or other 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 />Sacurity Agreement. This instrument shall constitute a 5ecurity 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 Commercial Code as amended from 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 �eed of Trust in the real praperty records, Lender
<br />may, at any time and without further authorization from Trustor, file executed coun[erparts, copies or reproductions of this Deed of
<br />Trust as a financing statement. Trustor shall reimbu[se Lender.Lor aH expenses incurred in parfeCting or Continuing thi8 Security
<br />in[erest. Upon defauft, Trustor sha11 liot remove, sever or detach the Persnnal Property from the Property. Upon default, Trustor shall
<br />assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Trustor 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 informa[ion concerning 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 />FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to turther 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, Trusior will make, executa and deliver, or will cause
<br />to be made, executed or delivared, to Lender 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 />furiher assuranCe, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to
<br />effactuate, complete, perfect, continue, or preserve (1) eorrower's and Trustor's obligations under the Note, this Deed of Trust, and
<br />the Related Documents, and (2) the liens and security interests created by this Deed of Trust as first and pripr liens on #he Property,
<br />whether now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees ta the cpntrary in writing, Trustor
<br />shall reimburse lender for all costs and expenses incurred in connection with the matters referred to in this paragraph.
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