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• � . ' � ` � DEED OF TRUST � p �.1 U 0 3 5 �
<br />Loan No: 101237452 (Continued) Page 4
<br />Existing Lien. The lien of this Deed of 7rust securing the Indebtedness may be secondary and inferior to an existing lien. Trustor
<br />expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any default on such
<br />indebtedness, any default under the instruments evidencing such indebtedness, or any default under any security documents for such
<br />indebtedness.
<br />No Modification. Trustor shall not enter into any agreement with the holder of any mortgage, deed of trust, or other security
<br />agreement which has priority over this Deed of Trust by which that agreement is modified, amended, extended, or renewed without
<br />the prior written consent of Lender. Trustor shall neither request nor eccep# any future advances under any such security agreement
<br />without the prior written consent of Lender.
<br />CONDEMNATION. The fnllowing provisions relating to condemnation proceedings are a part of this Deed of Trust:
<br />Proceedings. If any procaeding in condemnation is filed, Trustor shall promptly notify l.ender in writing, and Trustor shall promptly
<br />take such staps as may be necessary to defend the action and obtain the sward. Trustar may be the nominal 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 or cause to be delivered #o Lender such instruments and documentation as may be requested by
<br />Lender from time to time ta permit such participation.
<br />Application of Net 1'roceeds. If ell pr any part of the Praperty is condemned by eminent dom�in proceedings.or by eny proceeding or
<br />purchase in Iieu of candemnation, 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 tha Prpperty. The net proceeds of the award shall mean the award after payment of
<br />all reasonable costs, expenses, and attornsys' fees incurred by Trustee or Lender in connection with the condemnation.
<br />IMPOSITION OF TAXES, FEES AND CNARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental
<br />taxes, fees and charges are a part af this Deed of Trust:
<br />Current Taxes, Fees and Chsrgas. Upon request 6y Lender, Trustor shall execute such documents in additipn ta this Deed of Trust
<br />and take whatever pther 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 />7rust.
<br />Taxes. The foilowing shall constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of 7rust or upon
<br />all or any part of the Indebtedness secured by this Deed of Trust; 12) a specific tax on 7rustor which Trustnr is authorizad or
<br />required to deduct from paymants on the Indebtedness secured by this type of Deed of Trust; (3) a tax pn this type nf Desd of Trust
<br />chargeable against the Lender or the holder of the Note; and (4) a spenific tax pn all or any portion of the Indebtedness or on
<br />payments of principal and interest made by Trustor.
<br />Subsequent Taxes. If any tax to which this section applies is enactad subsequent to the date of this Deed of Trust, this event shall
<br />have the ssme effect as an Event of Default, and Lender may exercisa �ny pr 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 abnve in the
<br />Taxes and Liens section and deposits with Lender cash pr a sufficient corporate surety bond or other security satiafactory to Lender.
<br />SECURITY AGREEMENT; FINANCING STATEMENtS. 7he follawing prpvisions ralating 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 Security 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 ta time.
<br />Security Interest. Upon request by Lender, Trustor shall take whatever action is requested by Lender to perfect and cantinue Lender's
<br />security interest in the Ftents and Personal Property. In addition to recording this Deed of Trust in tha real property records, Lender
<br />may, at any time end without further authorization from Trustor, fila executed counterparts, copies or reproductions of this Deed of
<br />Trust as a financing statement. Trustor shall reimbursa Lender for ell expenses incurred in perfecting or continuing this security
<br />interest. Upan defee�t Trustor shall not remove, sever or detach the Personal I'roperfy frorn 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 ta Trustvr 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 mailing addresses of Trustor (debtor) 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 of Trust.
<br />FURTHER ASSURANCES; ATTORNEY-IN-�ACT. The fplipwing provisions relating to further assurances and attorney-in-fact ara a part of
<br />this Deed of Trust:
<br />Further Assurances. At eny time, and from time to time, upon request of Lender, Trustar will make, execute and deliver, or will cause
<br />to 6e 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 apprppriate, any and all
<br />such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuatian stetements, instruments of
<br />further assurance, certificates, and other documents as may, in the sple 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 Deed of 7rust, and the Related
<br />Documents, and (2) the liens and security interests nreated 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 axpenses incurred in connection with the matters referred ta in this paragraph.
<br />Attorney-in-Fact. If Trustor fails to da any of the things referred to in the preceding paragreph, Lender may do so for and in the name
<br />of Trustor and at 7rustor's expense. For such purposes, Trustor hereby irrevocably appoints Lender as Trustor's attorney-in-fact for
<br />the purppse of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lander's
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