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Laan No: 9 01237797
<br />DEED OF TRUST n
<br />(Continued) � � 1� V Q 3�. U Page 4
<br />WARRANtY; pEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust:
<br />Title. Trustor warrants that: (a) Trustor hnlds gond 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, tifle 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 of Title. Subject to the exception in the paragraph above, Trustar warrants and will forever defend the title to the Property
<br />against the lawful claims af all persons. (n the event any actipn pr prpceeding is commenced that questions 7rustor's title or the
<br />interest of 7rustee or Lender under this Deed of Trust, Trustor shall detend the action et 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 own choice, and Trustor will deliver, or cause to be delivered, to Lender such instruments as Lender may
<br />request from time to time ta 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 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 force and effect
<br />until such time as Borrower's Indebtedness shall be paid in full,
<br />CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust:
<br />Prnceedings. If any prviceeding in candemnatipn is filed, Trustbr shall promptly notify Lender in writing, and Trustpr shall prpmptly
<br />take such steps as may 6e necessary to defend the action and obtain the award. Trustor may be the nominal perty 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 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 dnmain proceedings nr by any proceeding or
<br />purchase in lieu af condemnation, Lender may at its election require that all or any portion nf the net proceeds of the award be applied
<br />to the Indebtedness or the repair or restoration of 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 />IMPOSITION QF 7AXES, FEES ANp CHARGES BY GOVERNMENTAL AUTHQRITIES. The following provisions relating to governmental
<br />taxes, fees and charges are a part nf this Deed of Trust:
<br />Current Taxes, Fees and Charges. Upon request by Lender, Trustor shall execute such documents in addition to this Deed of Trust
<br />and take whatever other actipn is requested by Lender to parfact and continue Lender's lien pn the Real Prop�rty. 7rustor shall
<br />reimburse Lender for all taxes, as described belaw, tagether with all expenses incurred in recording, perfecting qr cantinuing this beed
<br />of 7rust, including without limitation all taxes, fees, documentery stemps, end other charges for recording nr registering this Deed bf
<br />Trust.
<br />Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type bf Deed of Trust br upon
<br />all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Bnrrower which 8prrbwer is authprized 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 nf 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 Borrower.
<br />Subsequent Taxes. If any tax to which this sectiqn applies is enacted su6sequent to the 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 (11 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 AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a
<br />part of this Deed of Trust:
<br />Security Agreement. This instrument shall constitute a 5ecurity Agreement to the extent any of the Property constitutes tixtures, and
<br />Lender shall have all of the righis ot 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 Persanal Property. In addition to recording this beed af Trust in the real property recards, Lender
<br />may, at any time and without further authorization from 7rustar, file executed counterparts, copies or reproductions of this Deed of
<br />Trusi 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 Prnperty not affixed to the 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 from Lender to the extent permitted by applicable
<br />law.
<br />Addresses. The meiling addresses of Trustor (de6tor) and Lender (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 Code) are as stated on the first
<br />page of this Deed af Trust.
<br />FURTHER A55URANCES; 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, 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
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