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201101554
<br />Q�ED OF TFtUST
<br />Loaii No: 8Q839A� {Cvntinued� Page 3
<br />maintain Existing indebteciness in good st�ndi�ig as required kaelow, then Lender rnay c�o so, If any 2ctia� or proceeding is comme�ced that
<br />would materially af(ect lender's interests in the Property, t(�en L.ender on Trust4r's behatf may, bu[ is not required to, take any action tha[
<br />Lender believes ta be appropriate [o protect Lender's interests. All expenses incurred �r paid by Le�der fo� such purposes wiil then bear
<br />interest at the rate charged under the Note from the date incurred or paid by Lender to che date of repayment by Trustar. Ali such
<br />expenses will become a part of the indek�tedness and, at Lenrier's optian, will (�) be payaUle on demand; ([i) be added to the balance of
<br />the Note and be apportioned amang and be payable with a�y installmenf payments to k�ecome d�ie during either (1� the te,rm of any
<br />applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as � bailoan payment which will be clue and payable
<br />at lhe Note`s makurity. The Deed of Trust also witf secure payment of these amounts. TYie rights provicied for in this paragraph shall be iri
<br />addition to any other rights or any remedies Yo which Lender may be entided on account oi any default. Any such ac[ion by Lender sliall
<br />not be construed as curiny the default so as to bar Lender frc�m any rernedy that it otherwise woulcf have had.
<br />WARRANTY; DEFENSE OF TITLF. The fc�llowing provisions relating to ownership of ihe Property are a part of this Deed oi Trust:
<br />Title, 'Trustor warranfs [hak: (a) �rustor holcls yvod aiid marketable tiUe of record Ca the Pro�erty in fee simple, free and clear of all
<br />li�ns and encumbrances otfier than tfiose set forth in the Real Properry description or in the Exisdng Iridebtedness section below or in
<br />any 1.iNe insurance polir.y, tide report, or final ti[le opinion issued in favor of, an� accepted by, Le�der in connection with this Deed of
<br />Trust, and (b) Trustvr has the fuli right, power, and authority ta execute and del'rver this Deed of Trust to Lender.
<br />Defense af Title. Subject to the exc�pcior� in the paragraph above, Truskor warrants ancl will forever defend the title fa the Property
<br />against the lawful claims af all persons. In the event 2ny action or proceeding is commenceci ihat ques[ions Trustar's title or the
<br />interes[ of Trustee vr Lender under U�is Deed of Trust, Trustor shall defend the action a[ Trus[ar's expense. Trustor may be the
<br />nominal rarty in such proceeding, but Lender shall be enritlecl ta F�articipate in U�e proceeding and to be represented in the proceeding
<br />by counsel of Lender's own choice, anci Trus[vr will deliver, or cause to Ue delivered, tc� Lender such instrume�ts as Lencler may
<br />request frUm time to time to permit such partici�ation.
<br />Gornpliance With l.aws. Trustor warrants ttiat the Pro�erty and Trustar's use of the Prvperty complies witf� all existing app�ical�le
<br />laws, ordinances, and re�ulatians of governmental auth�rities.
<br />Survivai of Prornises. ,�111 promises, agreernents, and staternents Trustvr has made in this Deed aF 'Trust shall survive the execution
<br />and cielivery of this peed of Trust, shall 6e continui�y in na[ure and shall remain in full torce a�d eifect u�til such time as Borrower's
<br />Indebtedness is ��aid in full.
<br />EXtSTING INDEBTERNESS. The fvllowing provisions conc.eming [xistiru� Ir�de�tedness are a parf of this Deed oP Trusk:
<br />Existing Liqn, Tlie lien of this Deed of '1'rust securiiig the Indebtedness may Ue secondary and inferior to an existing lien. Trustor
<br />expressiy cavenants and agrees ta pay, or see to the payment of, the Existing Indebteclness anci ta prevent a�y default on such
<br />indebtedness, any def�ult under the insfruments evidencing such i�idebtedness, br any default under any security docume��ts (or such
<br />indebtedness.
<br />No Modificat+on. Trustor shall not enter in[o ai�y agreemenf wiih the holder of any morkgaye, deerl of trust, or other security
<br />ayreemenC which has priority over fhis Dsed of Trust by which tiiat agreement is modiFied, arnendecl, extended, or renewed wilhout
<br />ihe prior written consent oi !_er�der. Trusior sh�ll neilher request nor accep[ any fu[ure advanr.es under any such security agreement
<br />withoUt khe pripr Written r,onserit qf Lender.
<br />CONDEMNATION. The following provisior�s relatinq to condemnation proceedings are a part of this Oeed of Trust:
<br />Rroceedings. If any proceeding in condemnation is fileci, Tnistor shall promptly notify I_ender in writing, and T�ustor shall promptly
<br />take such steps as may be necessary co de(c�nd thP action and oht�in the award. Trustor may be tlie nominal p�rry in such
<br />praceeding, l�ut Lender shal! be enfi[led to participate in the proceeding and to be represented in the �roceeding �y counsel of iks own
<br />chaice, and Trustor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by
<br />Lertder from time to time to permit such participacion.
<br />Application of Nat Proceeds. If all or any part oF the Property is cpnderr�ned by erninent domain proceedings or by a�y proceeding or
<br />purchase in lieu of condemnakion, Lender m�y ak its eleetion require that ail or any portion oF the net procee,ds of the award be 3pplied
<br />to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall rnean the award aFfer payment of
<br />aA reasanable costs, expenses, and attorrieys' fees inr,urred by Trustee or Lender in canneckion with the condemnation.
<br />IMPOSITION OF TAXES, FEES AND CN�RGES BY GOVERI�MENTAI AUTHORITIES, The tollowing provisions relati�g to govemmental
<br />taxes, fees a�d charges are a part af this Deed of Trusc:
<br />Current Taxes, Fees and Charges. Upan request by Lender, Trustor shali execu[e sucfi docurnents in additi�n to this Deed of Trust
<br />and take whatever oYher action is reqGiested by Lender to per(eck and continue Lender's lien on the Real Property. Trustor shall
<br />reimUurse Lender for afl taxes, as described below, toyecher wilh all expenses incurred in recording, �erfecting or continuing tl�is Deed
<br />of Trust, including without limit3tion all taxes, fees, documentary scamps, and vther charges for recording or rec�istering this Qeed oF
<br />Trust.
<br />Taxes. The foilawing shall constitute taxes to which this section appiies: (11 a specific ta%c upan this type of Deed of Trust or i.ipon
<br />all or any part of the Inclebtedness seeured hy [his Deed of Trust; (2) a sp�ci(ic tax on f3orrower which Eorrower is authorized or
<br />required ta deduct From payments on the Indebtedness secu�ed by tliis type of Deed of Trust; (31 a tax on this type of Deed of Trust
<br />chargeable ag�inst the �ender or the holder oF the Note; and (q) a speci(ic tax on ali or any portion of the Indebte.dness or on
<br />payments of principal and interest made by Borrower.
<br />Subseque�t Taxes. If any cax to which this section ap�:�lies is enactecl subsequent to the date of this Deed of Trust, this event shall
<br />have the same effect as an Event aF Defautt, and �ender n�ay exercise any or all of its available remedies for an Event of Default as
<br />provideci below unless Trustor either (1) pays the [ax F�efore it becomes delinquent, or 12) confests the tax as provided above in the
<br />Taxes and Liens sectian �nd deposits witt� Lender cash or a suf(icient corporafe suret:y b��nd or other security satisfaccory to Lender.
<br />SECURITY AGRE�MENT; FINANCING STATEMENT&. The fol�owing provisions relatiny lo this Deeci of Trust as a security agreement �re a
<br />part oF this Deed oP TrusC
<br />Security /agreernorrt. Tliis instrument sh311 cor�sk+lute a Security Agreernenl: to the extsnt any of the Properry constitukes Fixtures, ancl
<br />Lender sha�l have all of the riyhl:s oF a secured party under the UniForm Comrnercial 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 conti�ue Lender's
<br />securiCy interast in the Personai Properry. In addition ta recarding this Ueed of Trust in the real property records, Lender inay, at any
<br />[ime and without further authorization From Trustor PIIP executed counterparts, copies or reproductions of this Deed of Trust as a
<br />finencing statement. Trustor shali reim6urse Ler�der tor all expenses incurred in perfecting or continuing [his securiiy i�terest. Upon
<br />default, Trusro� shall not remave, sever or detach the Personal Property irom tfie Praperty. ltp�n defauit, Trustor shaN assemble any
<br />Personal Rroperty nok atfixed to the Property in a manner aiid at a place reasanably convenient to Trustor and Lender and make it
<br />available to lender within three (3) days after receipt of written demand from Lender to the extent perrnitted by applicable law.
<br />Addresses. The mailing acldresses of Trustor ldebtvr) and Lender Isecured party) from which intormation conceming the security
<br />interest granted by this Deed of Trusk may be obcained (each as required by ihe Uniforrn Commercial Code) are as skaced on the first
<br />page of this Deed of Trust.
<br />FURTNER ASSURANCES; ATTORNEY-IN-FACT. The foilowing provisions relatin� ta further assurances and atkorney-in-fac# are a part of
<br />this Deed of Trust:
<br />Further �lss��rances. At ar�y Yime, and frorn time ta tirne, upon request of lencler, Trustar will make, execute and deliver, or will cause
<br />io be made, executed or delivered, to Lender or to Lender's desiqnee, and when rec�uested by Lender C2USP. tp be filed, recorded,
<br />retiled, or rerecorded, as the case may he, at such iimes and in such of(ices and places as Lender m�y deem ap��ro�:�riate, any and all
<br />such mortgages, deeds of krust, security cieeds, security agreements, finaiicing statements, continuation statements, instruments of
<br />further assurance, certificates, and other documenis as rnay, in tha sole opiniari of l.encler, be necessary or desirable in order to
<br />effectuate, complete, periect, continue, or preserve (1) Borrower's and Trustor's obiigations under the Note, this Deed of Trust, and
<br />the Relaced Documer�ts, and 12! the liens and security interests created by this Deed of Trust an the Property, whether now ownecl
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