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� '9°��-�' �'�` DEEDOFTRUST 2p1i43654
<br />Loan No: 101241106 1Continued} Page 4
<br />against the lawful claims of aU persons. In the event eny ection 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 ection at Trustor's expense. Trustor may be the
<br />nominal party in such proceeding, but Lender shall be entitted to participate in the proceeding and to be represented in the proceeding
<br />by counsel of Lender's own choice, and Trusto► wil( deliver, or cause to be delivered, to Lender such instruments as Lender may
<br />request from time to time to permit such partictpation.
<br />Compliance With Laws. Trustor warrents that the Propeny end Trustor's use of the Properry compfies with all existing applicabla
<br />lews, ordinances, and regulations of governmental authorities.
<br />Survfval of Representatlons and Warrantles. All representations, warranties, end egreemants made by Trustor in this Deed of Trust
<br />shell survive Yhe execution and delivery of this Daed of Trust, shall be conttnuing in nature, and shall remain in full force and effect
<br />until such time as Trustor's Indebtedness shafl be paid in full.
<br />EXISTING INDEB7EDNESS. The following provisions concerning Existing Indebtedness are a part of this Deed ot Trust:
<br />Existing Lien. The lien of this Deed of Trust securing the Indebtedness may be secondery and inferior to an existing lien. Trustor
<br />expressly covenants and agrees to pay, or see to the paymant of, the Existing Indebtedness and to prevent any default on such
<br />indebtedness, eny defeult under tha instruments evidencing such indebtedness, or any default under any security documents for such
<br />indebtedness.
<br />No Modification. Trustor shall not enter into any agreement with the holder of any mortgage, deed of trust, or other security
<br />agreement which has priority over this Deed of TrusY by which that agreement is modified, amended, extended, or renewed without
<br />the prior written consent of Lendar. Trustor shall neither request nor accept any future edvancea under any such security agreemenY
<br />without the prior written consent of Lender,
<br />CONDEMNATION. The following provisions relating to condemnation proceedings are e part of this Deed of Trust:
<br />Proceedings. It any proceeding in condemnetion is filed, Trustor shall promptly notify Lender fn writing, and Trustor shall promptty
<br />take such steps es may be necessary to defend the action and obtain the award. Trustor may be the nominal 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 deliver or cause to be delivered to Lender such instruments and documentation ss may be requested by
<br />Lender from time to time to permit such participation.
<br />Applicadon of Rlet Proceeds. If al! 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 all or any portion of the net proceeds of the eward be applisd
<br />to the Inde6tedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of
<br />all reasonabie costs, expenses, and attorneys' fees 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 cherges sre a part of tfiis Deed of Trust:
<br />Current 7axes, Feea and Charges. Upon request by Lender, Trustor shall execute such documents in addition to this Deed of Trust
<br />and teka whetever other ection is requested by Lender to perfect and continue Lender's lien on the Real Property. Trustor shall
<br />reimburse Lender for ell taxes, es described below, together with all expenses incurred in recording, perfecting or continuing this Deed
<br />of Trust, including without limitation all taxes, fees, documentary stamps, and other charges tor recording or registering this Deed of
<br /> ""'�' Trust.
<br />Taues. The tollowing shell constitute taxes to which thfs section appfies: (1i a specific tax upon this type of Deed of Trust or upon
<br />all or eny part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on 7rustor which Trustor is authorized or
<br />required to deduct from payments on the fndebtedness secured by this type of Deed of Trust; (3) e tax on this type of Deed of Trust
<br />chargeable against the Lender or the hofder of the Note; and (4) a specific tax on all or eny portion of the Indebtedness or on
<br />peyments of principai and interest mede by Trustor.
<br />Subsequent Taxes. If any tax to which this section applies is enected subsequent to the date of this beed ot 7rust, this event shall
<br />have tha same effect es an Event of Default, and Lender may exercise any or all of its availabie remedies for an Event of Defeult as
<br />provided below unless Trustor either (9► pays the tax betore it becomes delinquent, or {2) contests the tax as providad above in the
<br />Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other aecurity satlsfactory to Lender.
<br />SECUR(TY A(iREEMENT; FINANCtNG STATEMENTS. The foilowing provtsions relating to this Deed of Trust as a security agreement are a
<br />part of this Deed of Trust:
<br />Securfty Agreement. 7his instrument shall constitute a Security Agreement to the extent any of the Property constitutes �ixtures, and
<br />Lender sNall have aU of the rights of a secured party under the Uniform Commercial Code as amended from time to time,
<br />Security Interest. Upon request by Lender, Trustor shall take whatever action is requested by Lender to perfect and conYinue Lender's
<br /> __ security interest in the Rents and Personal Property. In addition to recording this Deed of Trust in fihe real properry records, Lender
<br /> — may, at any time and without further authorization trom Trustor, fife axecuted counterparts, copies or reproductions of this Deed of
<br />Trust as a�nancing statement. 7rustor shall reimburse Lender for ail expensea incurred in perfecting or continuing this security
<br />interest. Upon dafault, Trustor shall not remove, sever or detach the Persanal Property from the Property. Upon defauit, Trustor shall
<br />assemble eny Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Trustor end Lender
<br />and make it available to Lender within three i3) days after receipt of written demand from Lender to the extent permitted by applicable
<br /> � law.
<br />Addresses. The maiiing addresses of Trustor (debtor} end Lender (secured party) from which informatlon concerning the security
<br />interest granted by this Deed of Trust may be obtained (each as required by the Uniform Comme�ciat Code) are as steted on the first
<br />page of this Deed ot Trust.
<br />FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions releting to further assurances and attorney-in-fact are a part of
<br /> -- this Deed of Trust:
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