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DEED OF T�iUST
<br />Loan No; $08404 (Coiltint.9ed) 2 Q 11019 2 9 Page 3
<br />any title insurance policy, titie report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Deed of
<br />Trust, and Ib) Trustor has ihe full riyht, power, and authority to execute and deliver this Deed of Trust to Lender.
<br />Defense of Title. Subject to the exception in the parayraph above, Trus[or wananls and will forever defend the title to the Property
<br />against the lawful claims of all persons. In the event any action or proceeding is r,ommenced that questions Trustor's title or the
<br />interest of Trustee or Lencler under this Deed of Tr�st, Trustor shall defend the action at TrustQr's expei�se. Trustor may be the
<br />nominal parYy in such proceeding, but Lender shall be enfitled 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 c�use to be delivered, to Lender such instruments as Lender may
<br />request frorn time to time to permit such p�rticipa[ion.
<br />Compliance With Laws. Trustor warrants that the ProF�erty �nd Trustor's use of the Property complies with all existing applicable
<br />laws, ordinances, and reyulativns of yovernmental aufhorities.
<br />Survival of Promises. 1111 promises, agreemenks, and statements Trustor h�s made in [his Deed of Trust shail survive the execution
<br />and delivery of this Deed of Trust, shall be continuiny in nature and shall rernain in full force and effect until such time as Trustor's
<br />Indebtedness is paid in fuli.
<br />EXISTING INDEBTEDNESS. The foliowiny provisions r,oncerninq Existing Indebtedness are a part of this Deed oF Trust:
<br />Existing Lien. fhe lien of this Deed oi Trust securing the Indebledness may be secondary and inferior to an existing lien. Trustor
<br />expressly covenants and agrees to pay, or see to the payrnent of, the Fxistiny 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 inta a�y agreement with the holder of any mortgage, deed of trust, or other security
<br />agreement which has priority over tfris Deed of Trust by whic,h that agreement is modi(ied, arnended, extended, or renewed without
<br />the prior written consent oF Lender. Trustor shall neither request nor �ccept any future adv�nces under any such securiry agreement
<br />without the prior written r,onsent of I_ender.
<br />CONDEMNATIOIV. The foNowing prc�visions relating to condernnation proceedings are a �art of this Deed of Trust:
<br />Proceedings. If any proceeding in co�demnation is filed, Trustor shall promptly notify Lender in writing, and Trustor shall promptly
<br />take such steps as may be necessary to detencl the action and ol�tain the award. Trustor may be the nominal party in such
<br />proceeding, but Lender shall be entided to participate in the proc�eding 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 instr�nnents and dor.umentacion as may be requested by
<br />Lender firom Time to time to permit such p�rticipation.
<br />Application of Net Proceeds. If all or any part of the Property is r,ondemned by eminent domain proceedings or by any proceeding or
<br />purchase in lieu of condemnativn, Lender may at its electioii 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 ihe Pro�erty. The net proceeds of ihe award shall rnean the award after payment of
<br />all reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lender in r.onnection wit:h the condemnation.
<br />IMPOSITION OF TAXES. FEES AND CHARG[S BY GOVERPIMENTAL AUTHORITIFS. 7he followin,y provisions relating to governmental
<br />taxes, fees and charges are � part of this Deed of Trust:
<br />Current Taxes, Fees and Charges. Upon request by t_ender, Trustor shall execute such documents in addition to this Deed of Trust
<br />and talce whatever other action is requested by I_ender 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 recordin,y, perfer,tiny or continuing this Deed
<br />of Trust, including without limitation all taxes, fP,P_S, docurnentary starnps, and other charges for recording or re,yistering this Deed of
<br />Trust.
<br />Taxes. The followiny shall constitute taxes to whir.h this section applies: (1) a specific tax upon this rype of Deed of Trust or upon
<br />all or any part of the tndebtedness secured by this [)eed of Trust; (2) a specific tax on Trustar whirh Trustor is authorized or
<br />required to deduct frc�m payment�s on the I�debtedness secured by this type of Deed of Tr�.ist; (3) a�tax on this type of Deed of Trust
<br />chargeable against the Lender or the holder of ihe Note; and (4) a specific tax on all or any portion of the Indebtedness or on
<br />payments of principal and int:erest made by Trustor.
<br />Subsequent Taxes. Ifi any Yax Yo which this section applies is enacted subsequent to Yhe date of this Deed of Trust, Chis event shall
<br />have the same effec.t as an Event of Defaulf, and Lender may exercise aWy or all of its available rernedies for an Event of Default as
<br />provided below unless Trustor either (1) pays the tax before it becomes delinquent, or �?_) ��nlests the tax as provided above in the
<br />T�xes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other securiry satisfactory to Lender.
<br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security ayreement are a
<br />part of this Deed of Trust:
<br />Security Agreement. This instrument shall constitute a Securiry Flgreeme�t to the extent any of tlie Property constitutes iixtures, and
<br />Lender shali have all of the ri,yhts of a secured party under ihe Uniform Commerciaf Code as amended from tirne to time.
<br />Security Interest. Upon requesi by l_ender, Trustor shall tal<e whatever action is re<:�uested by Lender to per(ect and continue Lender's
<br />security interest in the Personal Property. In addition to recording this Deed c�f Trust in the real property records, Le�ider may, at any
<br />time and without turd�er authorization from Trustor, tile executed counterpart:s, copies or reproductions of this Deed of Trust as a
<br />financing statemenY. Trustor shall reirnburse Lender for all expenses incurred in perfectiny or continuing this security interest. Upon
<br />c�efault, Trustor shall not remove, sever or detach the Person�l I'roperty (rom the Properfy. l.)pon default, Trusror shall assemble any
<br />Personal Property not atfixed to the Pro��erty in a manner and at e place reason�bly r,onvenient to TYustor and Lender and mal<e it
<br />available �t�o Lender within tl�iree (3) days after receipt of written derr�and irom Lender to the exYeni pern�ii[Ced by applicable law.
<br />Addresses. The mailing addresses of Trustor (debtor) and Lender (secured p�rty) from which information concerning the security
<br />interest granted by this Deed of Trust may be obtained (each as required by the Unifarm Commercial Code) are as stated on the first
<br />page of this Deed of Trust.
<br />FURTHER ASSURANCES; AT'TORNEY-IN-FAC7. The tollowing provisions relating to further assurances and altorney-in-fact are a part oi
<br />this Deed of Trust:
<br />Further Assurances. At any time, and from time to time, upon request oi Lender, l rustor 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 statemencs, continuation ,tatements, instruments of
<br />further assuranc,e, certiTicates, and otiier documents as rnay, in the sole opir�ion of Lender, be necessary or desirable in order to
<br />effectuate, complete, perfect, continue, or preserve (1) Trustor's obligations under the Note, ihis Deed of Trust, and the Related
<br />Documents, and (2) ihe liens and security inferests created I�y this Deed of Trust on the Property, whether now owned or hereafter
<br />acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writing, Trustor shall reirnburse Lender for all costs
<br />and expenses incurred in connection with the matters referred to in this paragraph.
<br />Attorney-in-Fact. If Trustor fails to do any of the things referred to in the preceding parayraph, Lender may do so for and in the name
<br />of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints Lender as Trustor's attorney-in-fact for
<br />the purpose of rnal<ing, executing, delivering, filing, rer,ording, and doing all other things as may be necessary or desirable, in Lender's
<br />sole opinion, to accomplish the rriatters referred t:o in the precediri,y paragraph.
<br />FULL PERFORMANCE. lf Trustor pays all the Indebtedness when due, and otlierwise per(orms ali the obligations irnposed upon Trustor
<br />under this Deed of Trust, Lender shall execute and deliver to T'rustee a request for Full reronveyance and shall execute and deliver to
<br />Trustor suitable statements of termination of any financing statement on tile evidencing Lender's security interest in the Fients and the
<br />Personal Property. Any reconveyance fee required by law shall be paid by Trustor, if pennitted by applir,able Iaw.
<br />EVENTS OF DEFAULT. At Lender's option, Trustor will be in default und�er this D�ed of Trust if any of ihe following t'iappen:
<br />Payment Default. Trustor fails to make any payment when due under the Indebtedness.
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