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<br />DEED OF TRUST`;;; ' �
<br />(Continued) � � � F:
<br />20110365�
<br />Page 3
<br />against the lawful claims of all persons. In the event any action or proceqcfing is commenced that questions Trustor's title or the
<br />interest of Trustee or Lender under this Deed of Trust, Trustor shall defeni�,the action at Trustor's expense. Trustor may be the
<br />nominal party in such proceeding, but Lender shall be entitled to participate ih tt�e proceeding end to be represented in the proceeding
<br />by counsel of Lender's own choice, and Trustor will deliver, or cause to �� {�elivered, to Lender such instruments as Lender may
<br />request from time to time to permit such participation. j,•
<br />Compliance With Laws. Trustor warrents that the Property and Trustor's �e�of the Property complies with all existing applicable
<br />laws, ordinances, and regulations of governmental authorities. �:;,�
<br />Surv'rval of Promises. All promises, agreemeMs, and statements Trustor ha�s:r�� t ade in this Deed of Trust shall survive the execution
<br />and delivery of this Deed of Trust, shall be continuing in nature end shall re.a�afn in full force and effect until such time as Trustor's
<br />Indebtedness is paid in fulL 6, ;}
<br />CONDEMNATION. The following provisions relating to condemnation proceedings'�r� a part of this Deed of Trust:
<br />Proceedings. If any proceeding .in condemnation is filed, Trustor shall prorrtptly notify Lender in writing, and Trustor shall promptly
<br />take such steps as may be necessary to defend the action and obtain t�e �award. Trustor may be the nominal party in such
<br />proceeding, but Lender shall be entitled to participate in the proceeding and tp, ti� represented in the proceeding by counsel of its own
<br />choice, and Trustor will deliver or cause to be delivered to Lender such instrp�ments and documentation as may be requested by
<br />Lender from time to time to permit such participation. ^q; s
<br />Application of Net Proceeds. If all or any part of the Property is condemned,;Ny?eminent domain proceedings or by any proceeding or
<br />purchase in lieu of condemnation, Lender may at its election require that all a,r, any portion ot the net proceeds of the award be applied
<br />to the Indebtedness or the repair or restoration of the Property. The net proc�e�d� of the award shall mean the award after payment of
<br />all reasonable costs, expenses, and attomeys' fees incurred by Trustee or Le�dec� in connection with the condemnation.
<br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORIT@ES:. The following provisions relating to governmental
<br />taxes, fees and charges are a part of this Deed of Trust: �' �
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<br />Cunerrt Taues, Fees and Charges. Upon request by Lender, Trustor shall eacec�te such documents in addition to this Deed of Trust
<br />and take whatever other action is requested by Lender to perfect and cor�tinue Lender's lien on the Real Propert}r. Trustor shall
<br />reimburse Lender for all taxes, as described below, together with all expense�'in�urred in recording, perfecting or continuing this Deed
<br />of Trust, including without limitetion all taxes, fees, documeniary stamps, and ather charges for recording or registering this Deed of
<br />Trust.
<br />Taxes. The following shall constitute taxes to which this section applies: (1�:) � speciflc tax upon this type of Deed of Trust or upon
<br />all or any part of the Indebtedness secured by this Deed of Trust; (2) $ specific tax on Trustor which Trustor is authorized or
<br />required to deduct from payments on the Indebtedness secured by this type ot Lleed 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 speGpfic tax on all or any portion of the Indebtedness or on
<br />payments of principal and interest made by Trustor.
<br />Subsequent Taxes. If eny tax to which this section applies is enacted subs�quent to the date of this Deed of Trust, this event shall
<br />have the same effect as an Event of Default, and Lender may exercise any �r! a�ll of its available remedies for an Event of Default as
<br />provided below unless Trustor either (1) pays the tax before it becomes delingusnt, or (2) contests the tax as provided above in the
<br />Taxes and Liens section and deposits with Lender cash or a sufficient corporat8 9urety bond or other security satisfactory to Lender.
<br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions rel�tin� to this Deed of Trust as a security agreement are a
<br />part of this Deed of Trust: �',; ,,:
<br />Securky Agreement. This instrument shall constitute a Security Agreement tq �tf�e extent any of the Property constitutes fixtures, and
<br />Lender shall have atl of the rights of a secured party under the Uniform Commi�rcial Code as amended from time to time.
<br />Security Interest. Upon request by Lender, Trustor shall take whatever action` !�s� �equested by Lender to perfect and continue Lender's
<br />security interest in the Personal Property. In addition to recording this Deed ;qf �"�rust in the real property records, Lender may, at any
<br />time and without further authorization from Trustor, file exeGUted counterp�rtSG copies or reproductions of this Deed of Trust as a
<br />financing statement. Trustor shall reimburse Lender for all expenses incurred irr perfecting or continuing this security interest. Upon
<br />default, Trustor shall not remove, sever or detach the Personal Property frorr6 tM� Property. Upon default, Trustor shall assemble any
<br />Personal Property not affixed to the Property in a manner and at a place re�sl�nably convenient to Trustor and Lender and make it
<br />available to Lender within three (3) days after receipt of written demand Trom�Lei�der to the extent permitted by applicable law.
<br />Addresses. The mailing addresses of Trustor (debtor) and Lender (securediparty) from which information concerning the security
<br />interest granted by this Deed of Trust may be obtained (each as required br�he� Uniform Commercial Code) are as stated on the first
<br />page of this Deed of Trust. :�'� �'
<br />FURTHER ASSURANCES; ATfORNEY-IN-FACT. The following provisions relatingato �urther assurances and attotney-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 LerjdQrt Trustor will make, execute and deliver, or will cause
<br />to be made, executed or delivered, to Lender or to Lender's designee, and vyhHn requested by Lender, cause to be filed, recorded,
<br />refiled, or rerecorded, as ihe case may be, at such times and in such offices �aiic� places as Lender may deem appropriate, any and all
<br />such mortgages, deeds of trust, security deeds, security agreements, financ:ing �statemeMS, continuation statements, instruments of
<br />funher assurance, certificates, and other documents as may, in the sole o'p inibn of Lender, be necessary or desirable in, order to
<br />effectuate, complete, perfect, continue, or preserve (1) TrustoPs obligati,�;,ris;under the Note, this Deed of Trust, and the Releted
<br />Documents, and (2) the liens and security interests created by this Deed dif �rust as first and prior liens on the Property, whether
<br />now owned or hereafter acquired by Trustor. Unless prohibited by law or: Lehder agrees to the contrary in writing, Trustor shall
<br />reimburse Lender for all costs and expenses incurred in connection with the rr�att�rs referred to in this paragraph.
<br />Attomey-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 irrevocpbly appoints Lender as Trustor's attorney-in-fact for
<br />the purpose of making, executing, delivering, ffling, recording, and doing all otheF things as may be necessary or desirable, in Lender's
<br />sole opinion, to accomplish the matters referred to in the preceding paragrepH'r �
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<br />FULL PERFORMANCE. If Trustor pays all the Indebtedness, including without lirnitation all future advances, when due, and otherwise
<br />performs all the obligations imposed upon Trustor under this Deed of Trust, Lend'er shall execute and deliver to Trustee a request for full
<br />reconveyance and shall execute and deliver to Trustor suitable statements of ter. ination of any financing statement on file evidencing
<br />Lender's securiry interest in the Rents and the Personal Property. Any reconv�j�at�ce fee required by law shali be paid by Trustor, if
<br />permitted by applicable law. 9 ;
<br />EVENTS OF DEFAULT. At Lender's option, Trustor will be in default under this De�sd of Trust if any of the following happen:
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<br />Payment Defauk. Trustor fails to make any payment when due under the Ind�klte�dness.
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<br />Break Other Promises. Trustor breaks any promise made to Lender or fails to pe7form prompUy at the time and strictly in the manner
<br />provided in this Deed of Trust or in any agreement related to this Deed of Trust. ! 1
<br />Compliance Default. Failure to comply witM any other term, obligation, covenAnt or condition contained in this Deed of Trust, the Note
<br />or in any of the Related Documents. ' •
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<br />Default on Other Payments. Failure of Trustor within the time required by''th'.�r� Deed of Trust to make any payment for taxes or
<br />insurance, or any other payment necessary to prevent filing of or to effeat discharge of any lien.
<br />False Statemerrts. Any representation or statement made or furnished to Ler�dbir�' by Trustor or on Trustor's behalf under this Deed of
<br />Trust or the Related Documents is false or misleading in any material respect,'�it�Mer now or at the time made or furnished.
<br />Defective Colleteralaation. This Deed of Trust or any of the Releted DocumHq�ts �ceases to be in full force and effect (including failure
<br />of any collateral document to create a valid and perfected security interest or 9ier�j at any time end for any reason.
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