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DEED OF TRUST 2 01 i 0 0 3 8 G
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<br />on Trustor's behalf may (but shali not be obligated to) take any action that Lender deems appropriate, including but not limited to
<br />discharging or paying all taxes, liens, security interests, encum6rances and other claims, at any time levied ar placed on the Prpperty and
<br />paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes
<br />will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to ihe date of repayment by Trustor. All
<br />such expenses will become a part of the Indebtedness and, at lender's option, will (A) be 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 term of the Npte; ar (C) , be treated as a ballaon payment which will be due and
<br />payable aY the Note's maturity. The beed of 7rust also will secure payment of these ampunts. Such right shall be in additiqn to all pther
<br />rights and remedies to which Lender may be entitled upon Detault.
<br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership ot the Property are a part of this Deed of Trust:
<br />Title. Trustor warrants that: (a) Trustor holds good and marketa6le 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 vpinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust, and (b) Trustor has the full right,
<br />pawer, and authority to execute and deliver this Deed of Trust to Lender.
<br />Defense of Title. 5ubject to the exceptinn in the paragraph above, 7rustor warrants and will forever defend the title to the Property
<br />against the lawful claims of all persons. In the event any actipn pr prpceeding is commenced that questipns Trustar's title or the
<br />interest of Trustee or Lender under this Deed of Trust, Trustor shall defend the actinn at 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 Trustar will deliver, or cause to be delivered, to l.ender 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 Wse of the Property complies with all existing applicable
<br />laws, ordinances, and regulations of governmentaf authorities.
<br />Survival of Representations and Warranties. All representations, warranties, and agreements made by Trustor in this Qeed of Trust
<br />shell survive the execution and delivery of this Deed of Trust, shall be continuing in nature, and shall remain in full force and effect
<br />unti) such time as Trustor's Inde6tedness shall be paid in full.
<br />CDNDEMNATION. The following provisions relating tp condemnatipn prpceedings are a part of this Deed of Trust:
<br />Proceedings. If any proceeding in condemnatinn is filed, Trustor shall promptly notify Lender in writing, and Trustor shall promp[ly
<br />take such steps as may be necessary to defend the action and obtain the award. Trustor may be the nominal party in such
<br />proceeding, but Lender shall be entitled to participate in the proceeding and to 6e 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 tq time to permit such participation,
<br />Application 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 candemnation, Lender may at its elec#ion require that all or any portion of the net proceeds of the award be applied
<br />to the Indebiedness br 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 T'rustee nr Lender in connection with the condemnation.
<br />IMPOSITION OF TAXE5, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The follnwing provisions relating tn governmental
<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 dacumen#s in addition #p this Deed of Trust
<br />and take whatever other action is requested by Lender to perfect and cbntinue Lender's lien on the Real Property. Trustor shall
<br />reimburse Lender for all taxes, as descri6ed below, tagether with all expenses incurred in recording, perfecting or continuing this Deed
<br />of Trusi, including without limitation all taxes, fees, documentary stamps, and ather charg�s for recarding qr registering this Deed of
<br />Trust.
<br />Taxes. The following shall constitute taxes to which ihis section applies: (11 a specific tax upbn 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 af 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 Indebtedness or on
<br />payments of principal and interest made by Trustor.
<br />Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of ihis Deed of Trust, this event shall
<br />have the same effect as an Event of Default, and Lender may exercise any vr all of its available remedies for an Event of Default as
<br />provided below unless Trustor either (1) pays the tax 6efore 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 5TATEMENTS. The following provisions relating to this Deed of Trust as a sepurity agreement are a
<br />part of this Deed of Trust:
<br />Security Agreement. This instrument shall constitu#e a Security Agreement tc� the extent any of the Property constitutes fixtures, and
<br />Lender shall have all of the rights pf a secured party under the Uniform Comm Gode as amended from time to time.
<br />5ecurity Interest. Upon raquest by Lender, Trustor shall take whatever action is requested by Lander to perfect and continue Lender's
<br />securiry interest in the Rents and Personal Property. In addition to recording this Deed of Trust in the real property records, Lender
<br />may, at any time and without further authvrization from Trustor, file executed counterparts, copias or repraductions of this Deed of
<br />Trust as a financing statement. 7rustor shall reimburse Lender for all expenses incurred in perfecting or continuing this security
<br />interest. Upvn 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 Trus#vr 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 hy this Deed of 7rust may be obtained (each as required by the Uniform Commercial Code) are as stated pn the first
<br />page of this Deed of Trust. �
<br />FURTHER ASSURANCES; AT70FiNEY-IN-FACT. The following provisions relating to further assurances and attomey-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
<br />such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of
<br />further assurance, certificates, and other documen#s 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 �eed of Trust, and the Related
<br />Documen[s, and (2) the liens and securiry interests created by this Deed of Trus[ as first and prior liens on the Property, whether
<br />now owned or hereafter acquired by Trus#or. Unless prohibited by taw or Lender agrees to the contrary in writing, Trustor shall
<br />reimburse Lender for all costs and expenses incurred in conneciion with the rr�atters 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 Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appaints Lender as Trustor's attorney-in-fact for
<br />the purpose of making, executing, delivering, tiling, recording, and doing all other things as may be necessary pr desirable, in Lender's
<br />sole opinion, to accomplish the matters referred [o in the preceding paragraph.
<br />FULL PERFORMANCE. It Trustor pays all the Indebtedness, including withput limitation all future advances, when due, and oiherwise
<br />performs all the nbligations imposed upon Trustor under this Deed of 7rust, Lender shall execute and deliver to Trustee a reques# for full
<br />reconveyance and shall execute and deliver to Trus#or suitable statements of termination pf 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
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