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, �:
<br />DEED OF TRUST
<br />(Continued)
<br />20110345�
<br />Page 3
<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 opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust, and (bl Trustor has the full right,
<br />power, and authority to execute and deliver this Deed of Trust to Lender.
<br />Defense of Title. Subject to the exception in the paragraph above, Trustor warrents and will forever dafend the title to the Property
<br />against the lawful claims of all persons. In the evant 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 reprasented in the proceeding
<br />by counsel of Lender's own choice, and Trustor will deliver, or cause to be delivered, to Lender such instruments as Lender may
<br />raquest from tima to time to parmit such perticipation.
<br />Compliance With Laws. Trustor warrants that the Property and Trustor's use of the Property complles with all existing applicable
<br />laws, ordinances, and regulations of governmental authorities.
<br />Sunrival of Representations and Warranties. All representations, warranties, and agreements made by Trustor in this Deed of Trust
<br />shall survive the execution and delivery of this Daed of Trust, shall be continuing in nature, and shall remain in full force end effect
<br />until such time as Trustor's Indebtadness shall be paid in full.
<br />CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Daed of Trust:
<br />Proceedings. If any proceeding in condemnation is filed, Trustor shall promptly notify Lender in writing, and Trustor shall promptly
<br />take such steps as mey ba necessary to defend the ection and obtein the eward. Trustor mey be the nominel 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 delivar or cause to be delivered to Lender such instruments and documentation es mey be requested by
<br />Lender from time to 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 condemnation, Lender may at its election require that aIl or any portion of the net proceeds of the award be applled
<br />to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the av✓ard efter payment of
<br />all reasonable costs, expenses, and attorneys' feas incurred by Trustee or Lender in connection with the condemnation.
<br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to 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 documents in addition to this Deed of Trust
<br />and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Trustor shall
<br />reimburse Lender for all texes, as described below, together wlth all expenses incurred in recording, perfecting or continuing this Deed
<br />of Trust, including without limitation ell taxes, fees, documentary stamps, and other charges for recording or registaring this Deed of
<br />Trust.
<br />Taxes. The following shall constitute taxas to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon
<br />all or any part of the Indebtedness secured by this Deed of Trust; i2) a specific tax on Trustor which Trustor is authorized or
<br />required 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 />chargeable againat the Lender or the holder of the Nota; 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 epplies is enected subsequent to the date of this Deed of Trust, this event shall
<br />have the same effect as an Event of Default, and Lender mey exercise any or all of its aveilable remedies for an Event of Default as
<br />provided below unless Trustor either (1) pays the tax before it bacomas 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 STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a
<br />part of this Dead 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 tfine to time.
<br />Security Interest. Upon request by Lender, Trustor shall take whatever action is requested by Lender to perfect and continue Lender's
<br />security interest in the Rents end Personal Property. In addition to recording this Deed of Trust in the real property records, Lender
<br />may, at any time and without further authorization from Trustor, file executed counterparts, copies or reproductions of this Deed of
<br />Trust as a financing statement. Trustor shall reimburse Lender for all expenses incurred in perfecting or continuing this security
<br />interest. Upon default, Trustor shall not remove, sever or detach tha 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 Trustor and Lender
<br />and make it aveilable to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable
<br />IeW.
<br />Addresses. The mailing addresses of Trustor (debtor) and Lender isecured party) from which information concerning the security
<br />interest granted by this Deed of Trust may be obtalned (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-FACT. The following provisions relating to further assurances and attorney-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 mey deem appropriata, any end all
<br />such mortgages, deeds of trust, security deeds, security agreements, finencing statements, continuation stataments, instruments of
<br />further assurance, certificatea, end other documents as may, in the sole opinion of Lender, be necessary or desirable in order to
<br />effectuate, complete, perfect, continue, or preserve (7) Trustor's obligations under the Note, this Deed of Trust, and the Releted
<br />Documents, and f2) the liens end security interests created by this Deed of Trust es first and prior liens on the Property, whethar
<br />now owned or hereafter acquired by Trustor. Uniess prohibited by law or Lender agrees to the contrary in writing, Trustor shall
<br />reimbursa Lender for all costs 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 paragraph, Lender may do so for and in the name
<br />of Trustor and et Trustor's expense. For such purposes, Trustor hereby irrevocably appoints Lender as Trustor's attorney-in-fact for
<br />the purpose of making, executing, dalivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's
<br />sole opinion, to accomplish the matters referred to in the preceding paragraph.
<br />FULL PERFORMANCE. If Trustor pays all the Indebtedness when due, and otherwise performs ell the obligations imposed upon Trustor
<br />under this Deed of Trust, Lender shall execute end deliver to Trustee a request for full reconveyance end shall execute and deliver to
<br />Trustor suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the
<br />Personal Property. Any reconveyance fee required by law shall be paid by Trustor, if permitted by applicable law.
<br />EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute en Event of Default under this Deed of Trust:
<br />Payment Default. Trustor fails to make any payment when due under the Indebtedness.
<br />Other Defaults. Trustor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Deed of
<br />Trust or in eny of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any
<br />other agreement between Lender and Trustor.
<br />Complience Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note
<br />or in eny of the Related Documents.
<br />Default on Other Payments. Failure of Trustor within the time requirad by this Deed of Trust to make any payment for taxes or
<br />insurance, or eny other payment necessary to pravent filing of or to effect discharge of any lien.
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