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DEED OF TRUST 2 p 110 3 6 9 0
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<br />shall not be obligated to) take any action thet Lender,deems appropriate, including but not Ifmited to discherging oc peying all taxes,. liens,
<br />security interests, encumbrances and other cleims, 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 will then bear interest �t the
<br />rate charged under the Note from the date incurred or paid by Lender to the dete ot repayment by Trustor. All such expenses will become
<br />a part. of the Indebtedness and, et 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 peyments to become due during either (1) the tarm of any applicable insurence
<br />policy; or (2) the remaining term of the Note; or (C) bsstreated es a bailoon 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 eddition to all other rights and remedies to
<br />which Lender may be entitled upon Defeult.
<br />WARRAPITY; DEFENSE OF TITLE. The following'provisions relating to ownership of the Property are a pert of this Deed of Trust:
<br />Title. Trustor warrants that: (a) Trustor holds good and marketable title of �ecord to the Property in fee simple, free end clear of all
<br />liens 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 />Trust, and (b) Trustor has the full right, power, and authority to exacute and deliver this Deed of Trust to Lender.
<br />Defense of Title. SubJect to the exception in the paragraph above, Trustor war�enis 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 commenced that questions Trustor's title or the
<br />interest of Trustee or Lender under this Deed of Truat, Trustor shall defend the action et 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 ba represented in the proceeding
<br />by counsei of Lender's own choice, and Trustor will deliver, or cause to be dalivered, to Lender such instruments as Lender may
<br />request from time to time to permit such participation.
<br />Compliance With Laws. Trustor warrants that the Property end Trustor's use of the Property complies with all existing appiicable
<br />laws, ordinances, and regulations of governmental authorities.
<br />Survival of Rapresentations and Werranties. All representations, werranties, and egreements made by Trustor in this Deed of Trust
<br />shell survive the execution and delivery of this Daed of Trust, shall be continuing in nature, and shall remain in full force and effect
<br />until such time as Borrower's Indebtedness shell be paid in full.
<br />EXISTIN(i INDEBTEDNESS. The following provisions concerning Existing Indebtedness ere a part of this Deed of Trust: •
<br />Existing Uen. The lien of thls Deed of Trust securi�g the Indebtedness may be secondary and inferior to an existing lien. .,Trustor
<br />expressly covenants and agrees to pay, or see to the payment of, the Existing , indebtadness 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 into any agreement with the holder of any mortgage, deed of'trust, or ofher security
<br />agreement which has priprity 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 edvances under any such security egreement
<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. If any proceeding in condemnation is filed, Trustor shall promptly notify Lender in writing, and Trustor shall promptly
<br />teke such steps as may be necessary to defend the action end obtain the award. Trustor mey 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 as may be requested by
<br />Lender from time to time to permit such perticipation.
<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 />purchese in lieu of condemnation, Lender may at its election require that ell or any portion of the net proceeds of the award be applied
<br />to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the eward after payment of
<br />all reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lender in connection with the condemnation.
<br />IMPOSITION OF TAXES, FEES AND CHARGES BY OOVERNMENTAL AUTHORITIES. The following provisions relating to governrpental
<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 fo� all taxes, as descrfbed below, together with all expenses incurred in recording, perFecting or continuing this Deed
<br />of Trust, including without limltation all taxes, fees; documentary stamps, and other charges for recording or registering this Deed of
<br />Trust. �
<br />Taxes. The foliowing shall constitute taxes to which this section applies: (1) a specific tax upon this type'of.pQed of TrusX or, upon
<br />alf or eny part" of the lndebtedness secured by tliis Deed of T�usf; f21' a specific taz on Borrower which Borrower is autho�ized or
<br />required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (3) e tex on this type qf Deed of Trust
<br />chargeable against the Lender or the holder of the Note; and l4) a specific tax on atl or any portion of the lndebtedness or on
<br />payments of principal end interest made by Borrower. '
<br />Subsaquent Taxes. If any tax to which this section appiies is enacted subsequent 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 eny or all of its evailable remedies for an Event of Default as
<br />provided below unless Trustor either (1) pays the tax before it becomes 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 Lendar.
<br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a
<br />part of this Deed of Trust:
<br />Security Agreement. Thia instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtu�es, and
<br />Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to t(me.
<br />Security Interest. Upon request by Lender, Trustor shall take whatever ection is requested by Lender to perfect and continue Lender's
<br />security interest in the Rents and Personal Property. In addition to recording thfs Deed of Trust in the real property records, Lender
<br />mey, at any time and without further authorization from Trustor, file executed countarparES, copies or reproductions ot this Dead 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 the Personal Property from the Property. Upon default, Trustor shall
<br />assemble any Personal Proparty not affixed to the Property in a manner and at a place reasonably convenient to Trustor and Lender
<br />and meke it available to Lender within three (3) deys 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 (secured party) from which information concerning the security
<br />interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are es 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 ettorney-in-fact ere a part of
<br />this Deed of Trust:
<br />Furthac Assurances. At any-time, and from time to time, up.on request oflender, 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 cese may be, at such times and in such offices and places as Lendar may deem appropriate, any and all
<br />such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation stataments, instruments of
<br />further 'a�5ur9nce, certificates; and other documents as mey, in the sole opinion of Lender, be necessary 'or desirable in order to
<br />effectuat�, c'omplete; peffect; continue, or presarV�' (7 )' Borrower's and Tru'stor's'obligatidns uhder th'e Note,'this' Deed of Tru�t;'and
<br />tfie Related Docui'nents, and (2) the liens and securiCy interests created by this DeecJ of Trust on th'e'Propetry, whether no"uJ owt�ed
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