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. � DEED OF TRUST 2 Q 1�. O 2 v 3 4
<br />(Continued) Page 3
<br />security '�interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring,
<br />maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes wiil then bear interest at the
<br />rate char�ed under the Note from the date incurred or paid by Lender to the date of repayment by Trustor. All such expenses will become
<br />a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be
<br />apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance
<br />policy; o� (2) the remaining term of the Note; or 1C) be ireated as a balloon payment which will be due and payable at the Note's
<br />maturity.' The Deed of Trust also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to
<br />which Lelnder may be entitled upon Default. .
<br />WARRA�ITY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust: -
<br />Titlel. Trustor warrants that: (a) Trustor holds good and marketable title of record to the Property in fee simple, free and clear of all
<br />lien$ and encumbrances other than those set forth in the Real Property description or in the Existing Indebtedness section below or in
<br />any'title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Deed of
<br />Tru�t, and (b) Trustor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender.
<br />Def�nse of Title. Subject to the exception in the paragraph above, Trustor warrants and will forever defend the title to the Property
<br />agaiinst the lawful claims of all persons. In the event any action or proceeding is commenced that questions Trustor's title or the
<br />interest of Trustee or Lender under this Deed of Trust, Trustor shall defend the action 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 Qounsel of Lender's own choice, and Trustor will deliver, or cause to be delivered, to Lender such instruments as Lender may
<br />req�}est from time to time to permit such participation.
<br />Confipliance With Laws. Trustor warrants that the Property and TrustoPs use of the Property complies with all existing applicable
<br />law , ordinances, and regulations of governmental authorities.
<br />Sur ival of Representations and Warranties. All representations, warranties, and agreements made by Trustor in this Deed of Trust
<br />sha I 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 Borrower's Indebtedness shall be paid in full.
<br />INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Deed of Trust:
<br />Exi ing Lien. The lien of this Deed of Trust securing the Indebtedness may be secondary and inferior to an existing lien. Trustor
<br />exp essly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any default on such
<br />ind btedness, any default under the instruments evidencing such indebtedness, or any default under any security documents for such
<br />ind btedness.
<br />No Modification. Trustor shall not enter into any agreement with the holder of any mortgage, deed of trust, or other security
<br />agr ement 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 accept any future advances under any such security agreement
<br />wit out the prior written consent of Lender.
<br />DE NATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust:
<br />Pro eedings. If any proceeding in condemnation is filed, Trustor shall promptly notify Lender in writing, and Trustor shall promptly
<br />tak such steps as may be necessary to defend the action and obtain the award. Trustor may be the nominal party in such
<br />pro eeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own
<br />cho ce, and Trustor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by
<br />Len er from time to time to permit such participation.
<br />Ap lication of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or
<br />pur hase in lieu of condemnatien, Lender may 2t iis elect��n require that al! or any portion of the net proceeds of the award be applied
<br />to t e Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment ot
<br />all asonable costs, expenses, and attorneys' fees incurred by Trustee or Lender in connection with the condemnation.
<br />iMPOSI ION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental
<br />taxes, f es and charges are a part of this Deed of Trust:
<br />Cur ent Taxes, Fees and Charges. Upon request by Lender, Trustor shall execute such documents in addition to this Deed of Trust
<br />an take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Trustor shall
<br />rei burse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed
<br />of rust, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of
<br />Tru t
<br />Ta es. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon
<br />all r any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Borrower which Borrower is authorized or
<br />req ired to deduct from payments on the Indebtedness secured by this type of Deed of Trust;" (3) a tax on this type of Deed of Trust
<br />ch rgeable agairtst the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on
<br />pa ments of principal and interest made by Borrower,
<br />Su sequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall
<br />ha e 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 />pro ided below unless Trustor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the
<br />Ta es and Lisns section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender.
<br />SE�`URI Y AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a
<br />part of is Deed of Trust:
<br />Se urity Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and
<br />Le der shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time.
<br />Se urity Interest. Upon request by Lender, Trustor shall take whatever action is requested by Lender to perfect and continue Lender's
<br />se urity interest in the Rents and Personal Property. In addition to reeording this Deed of Trust in the real propertY records, Lender
<br />ma , at any time and without further authorization from Trustor, file executed counterparts, copies or reproductions of this Deed of
<br />Tr st as a financing statement. Trustor shall reimburse Lender for all expenses incurred in perfecting or continuing this security
<br />int rest. Upon default, Trustor shall not remove, sever or detach the Personal Property from the Property. Upon default, Trustor shall
<br />as emble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Trustor and Lender
<br />an make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable
<br />Ad resses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which information concerning the security
<br />int rest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated on the first
<br />pa e of this Deed of Trust.
<br />FURTH R ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of
<br />this De d of Trust:
<br />Fu ther Assurances. At any time, and from-time to time, upon request of Lender, Trustor will make, execute and deliver, or will cause
<br />to e made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded,
<br />ref led, 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 />su h mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of
<br />fur her assurance, certificafes, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to
<br />eff ctuate, complete, perfect, continue, or preserve (1) Borrower's and Trustor's obligations under the Note, this Deed of Trust, and
<br />th Related Documents, and (2) the liens and security interests created by this Deed of Trust on the Property, whether now owned
<br />or ereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writing, Trustor shall reimburse Lender
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