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<br />DE�D OF TRUST � Q 1 � Q 9 8.�� O p�
<br />� . � � � '' ' ' � (Continued) ge 3
<br />Title. Trustor 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 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 favpr pf, and accepted by, Lender in connection with this Deed of Trust, and (b) Trustor has the full right,
<br />power, and euthority to execute and deliver this Deed of Trust to Lender.
<br />Defense of Title. Subject to the exception in the paragraph above, Trustpr warran#s and will forever defend the title ta the Prpperty
<br />against the lawful claims of all persons. In the event any actinn or proceeding is commenced that questions Trustor's title or the
<br />interest ot Trustee or �ender under this Deed of Trust, Trustor shall defend the action at Trustar's expense. Trustar may be the
<br />nvminal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to 6e represented in the proceeding
<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 />request from time to time to permit such participatian.
<br />Compliance With Laws. Trustor warrants thai the Property and Trustor's use of the Property complies with all existing applicable
<br />laws, ordinances, and regulations of gavernmental 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 fprce 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 beed of Trust:
<br />Proceadings. If any proceeding in condemnation is filed, Trustor shall prpmptly notify Lender in writing, and Trustor shall promptly
<br />take such steps as may be necessary to defend the action and obtain #he award. Trustor may 6a the nominal party in such
<br />proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding �y counsel of its own
<br />choice, and Trustor wiil deliver or cause to be delivered to Lender such instruments and documentation as may 6e requested 6y
<br />Lender from time to time to permit such participativn.
<br />Applicaiion 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 or any portion of the net proceeds of the award be applied
<br />to the Indebtedness or the repair or restoration of the Property. The ne# proceeds of the award shall mean the award after payment of
<br />all reasnnable costs, axpenses, and attorneys' fees incurred by Trustee or Lender in connection with the condemnation,
<br />IMPOSITION OF TAXES, FEES AND CMARGES 8Y GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental
<br />iaxes, fees and charges are a part of this Deed of Trust:
<br />Current Taxes, Fees and Chargas. Upon request by Lender, 7rustor shall execute such documents in addition to this Deed of Trust
<br />and take whatever other actian is requested by Lender to perfect and continue Lender's lien on the Real Property. Trustqr shall
<br />reim�urse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or con[inuing this Deed
<br />of Trust, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of
<br />Trus[.
<br />Taxes. 7he 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 the Indeb[edness secured by this beed af 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; 13) 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 Indebtedness or on
<br />payments of principal and interest made by Trustor.
<br />Su6sequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall
<br />have the same effect as an Event of pefault, and Lender may exercise any or all of its available remedies for an Event of Default as
<br />provided belaw unless Trustor either (1► pays the tax before it becames delinquent, or (2) contests the tax as pravided above in the
<br />Taxes and Liens 5ection and deposits with Lender cash or a-sufficient corporate surety bond or other security sa#istactory to Lender.
<br />SECURITY AGFiEEMENT; FINANCING STATEMENTS. The following provisions relating to this beed of 7rust 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 ths Praperty constitutes fixtures, and
<br />Lender shall have all of the rights of a secured party under the Uniform Comrr�ercial Code as amended from time to time.
<br />Security Int�rest. 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 recarding this Deed of Trust in the real property records, Lender
<br />may, at any time and without further authorization from Trustor, file executed cbunterparts, 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, Trustor shall not remove, sever or detach the Personal 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 7rustor and Lender
<br />and make it available to Lender within three 131 days after receipt of written demand from Lender to the extent permitted by applicable
<br />law.
<br />Addresses. The mailing addresses of Trustpr (debtor) and Lender Isecured party) from which information cancerning the security
<br />interest granted by this Deed of Trust may be o6tained (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. l"he following provisions relating to further assurances and attnrney-imfact 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 or delivered, 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, continuaiiqn statements, instruments of
<br />further assurance, certificates, and other dacuments as may, in the sole opinion of Lender, be necessary or desirable in order to
<br />effectuate, complete, perfect, continue, or preserve (1) Trustor's obligations under the Note, this beed of Trust, and the Related
<br />Documents, and (2) the liens and 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 for all costs and expenses incurred in connection with the matters referred to in this paragraph.
<br />Attornay-in-Fact. If Trustor tails 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 7rustor's expense. Fpr such purposes, 7rustor hereby irrevocably appoints Lender as Trustor's attorney-in-fact for
<br />the purpose of making, executing, delivering, filing, recarding, and doing all other things es may be necessary or desirable, in lender's
<br />sole opinion, to accomplish the matters referred to 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 bbligations imposed upon Trusior under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full
<br />reconveyance and shall execute and deliver to Trustar suitable statements of termination of any financing statement on file evidencing
<br />Lender's security interest in the Rents and the Personal Praperty. Any reconveyance fee required by law shall be paid by Trustor, if
<br />permitted by appliceble law.
<br />�VENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed of Trust:
<br />Payment Default. Trustor tails to make any payment when due under the Indebtedness.
<br />Other Dafaulis. Trustor fails to comply with or to perform any other term, ohligation, covenant or condition contained in this beed of
<br />Trust or in any of #he Rela[ed Documents or to comply with or to perform any term, obligation, covanant or condition contained in any
<br />other agreement between Lender and Trustor.
<br />Compliance Qefault. Failure to comply with any other term, obligation, covanant ar condition contained in this Deed of Trust, the Note
<br />or in any of the Related Documents.
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