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<br />DEED OF TRUST,� c
<br />(Continued) :; ;
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<br />any a licable insurance policy, or (2) the remaining term of the Note; or IC)',i be� treated as a balloon payment which will be due and
<br />payab at the Note's maturity. The Deed of Trust also will secure payment of tl�es� amounts. Such right shall be in addition to all other
<br />rights nd remedies to which Lender may be entitled upon Default. ''
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<br />WAR NTY; DEFENSE OF TITLE. The following provisions relating to ownership `pf tlhe Property are a part of this Deed of Trust:
<br />e. Trustor warrents that: (a) Trustor holds good and marketable title of �!record to the Property in fee simple, free and clear of all
<br />li s and encumbrances other than those set forth in the Real Property desc�iption or in any title insurance policy, titte report, or final
<br />t e opinion issued in favor of, and accepted by, Lender in connection witFii ,tFiSs Deed ot Trust, and (b) Trustor has the full right,
<br />p er, and authority to execute and deliver this Deed of Trust to Lender. !' '•
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<br />fense of Title. Subject to the exception in the paragreph above, Trustor yv.ar�rants and will forever defend the title to the Property
<br />a inst the lawful claims of all persons. In the event any action or proceddirrg is commenced that questions Trustor's title or the
<br />i erest of Trustee or Lender under this Deed of Trust, Trustor shall deferr� the action at Trustor's expense. Trustor may be the
<br />minal party in such proceeding, but Lender shall be entitled to participate i� the proceeding and to be represented in the proceeding
<br />counsel of Lender's own choice, and Trustor will deliver, or cause to be, dJelivered, to Lender such instruments as Lender may
<br />r uest from time to time to permit such participation. ;�
<br />mpliance With Laws. Trustor warrants that the Property and Trustor's yse� of the Property complies with all existing applicabte
<br />I s, ordinances, and regulations of govemmental authorities. ;,
<br />rvival of Representations and Wartanties. All representations, warrantiesa ���d agreements made by Trustor in this Deed of Trust
<br />all survive the execution and delivery of this Deed of Trust, shall be continuing in nature, and shall remain in full force and eftect
<br />tiI such time as Trustor's Indebtedness shall be paid in full. �'
<br />CON MNATION. The following provisions relating to condemnation proceedings;are a part of this Deed of Trust:
<br />ceedings. If any proceeding in condemnation is filed, Trustor shall promptl� notify Lender in writing, and Trustor shall promptly
<br />t e such steps as may be necessary to defend the action and obtain the ,award. Trustor may be the nominal party in such
<br />ceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own
<br />oice, and Trustor will deliver or cause to be delivered to Lender such in'struments and documentation as may be requested by
<br />nder from time to time to permit such participation. •
<br />plication of Net Proceeds. If all or any part of the Property is condemned;,by;eminent domain proceedings or by any proceeding or
<br />rchase in lieu of condemnation, Lender may at its election require that all or ar�y portion of the net proceeds of the award be applied
<br />t the Indebtedness or the repair or restoration of the Property. The net proc�eds of the award shall mean the award after payment of
<br />reasonable costs, expenses, and attomeys' tees incurred by Trustee or Le�hder' in connection with the condemnation.
<br />IMPO ION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORR9ESa The following provisions relating to governmental
<br />taxes ees and charges are a part of this Deed of Trust:
<br />nent Taxes, Fees and Charges. Upon request by Lender, Trustor shall eiiec`rte such documents in addition to this Deed of Trust
<br />d take whatever other action is requested by Lender to perfect and confini�e Lender's lien on the Real Property. Trustor shall
<br />r mburse Lender for all taxes, as described below, together with all expense� in�urred in recording, perfecting or continuing this Deed
<br />Trust, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of
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<br />es. The following shall constitute taxes to which this section applies: (1) � specific tax upon this type of Deed of Trust or upon
<br />I or any part of the Indebtedness secured by this Deed of Trust; (2) g, specific tax on Trustor which Trustor is authorized or
<br />uired to deduct from payments on the Indebtedness secured by this type c�f Deed of Trust; (3) a tax on this typa of Deed of Trust
<br />argeable against the Lender or the holder of the Note; and (4) a specificjtax on all or any portion of the Indebtedness or on
<br />yments of principal and interest made by Trustor. ;' +
<br />bsequerrt Taxes. If any tax to which this section applies is enacted subse�qu�nt to the date of this Deed of Trust, this event shall
<br />ve 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 />vided below unless Trustor either (1) pays the xax before it becomes delinquent, or (2) contests the tax as provided above in the
<br />xes and Liens section and deposits with Lender cash or a sufficient corpor�te surery bond or other security satisfactory to Lender.
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<br />SECU ITY AGREEMENT; FINANCING STATEMENTS. The following provisions relaYir►�y to this Deed of Trust as a security agreement are a
<br />part this Deed of Trust:
<br />curity Agreement. This instrument shall constitute a Security Agreement tp tt�e extent any of the Property constitutes fixtures, and
<br />nder shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time.
<br />curityr Interest. Upon request by Lender, Trustor shall take whatever actio�'is`.requested by Lender to perfect and continue Lender's
<br />curity interest in the Rents and Personal Property. In addition to recording tFpis Deed of Trust in the real property records, Lender
<br />y, at any time and without further authorization from Trustor, file execuked counterparts, copies or reproductions of this Deed of
<br />ust as a financing statement. Trustor shall reimburse Lender for all expen�es incurred in perfecting or continuing this security
<br />i erest. Upon default, Trustor shall not remove, sever or detach the Personal P�operty from the Properly. Upon default, Trustor shall
<br />semble any Personal Property not affixed to the Property in a manner and, at:a place reasonably convenient to Trustor and Lender
<br />d make it availeble to Lender within three (3) days after receipt of written dam;and from Lender to the extent permitted by applicable
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<br />dresses. The mailing addresses of Trustor (debtor) and Lender (secured ,p�rty) ftom which information concerning the security
<br />i erest granted by this Deed of Trust may be obtained (each as required by'the Uniform Commercial Code) are as stated on the first
<br />ge of this Deed of Trust. �
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<br />FU ER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating�ta afurther assurances and attorney-in-fact are a part of
<br />this ed of Trust: r
<br />rther Assurances. At any time, and from time to time, upon request of Lend,er; Trustor will make, execute and deliver, or will cause
<br />be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded,
<br />filed, 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 />ch mortgages, deeds of trust, security deeds, security agreements, financing? statements, continuation statements, instruments of
<br />rther assurance, cenificates, and other documents as may, in the sole �pinlon of Lender, be necessary or desirable in order to
<br />ectuate, complete, perfect, continue, or preserve (1) Trustor's obligatip�ns; under the Note, this Deed of Trust, and the Related
<br />cuments, and {2) the liens and security interests created by this Deed of 'f'rust as first and prior liens on the Property, whether
<br />w owned or hereafter acquired by Trustor. Unless prohibited by law or,: Lender agrees to the coMrary in writing, Trustor shall
<br />imburse Lender for all costs and expenses incurred in connection with the m�tkers referred to in this paragraph.
<br />orney-in-Fact. If Trustor faits to do any of the things referred to in the pr�ceding paragraph, Lender may do so for and in the name
<br />� Trustor and at Trustor's expense. For such purposes, Trustor hereby irrqvoCably appoints Lender as Trustor's attorney-in-fact for
<br />e purpose of making, executing, delivering, filing, recording, and doing all o,the'r things as may be necessary or desirable, in Lender's
<br />le opinion, to accomplish the matters referred to in the preceding paragrapti. , �
<br />FULL ERFORMANCE. If Trustor pays all the Indebtedness, including without limiXation all future advances, when due, and otherwise
<br />perfo s all the obligations imposed upon Trustor under this Deed of Trust, Lender �hall execute and deliver to Trustee a request for full
<br />reco eyance and shall execute and deliver to Trustor suitable statements of te�mination of any financing statement on file evidencing
<br />Lend 's security interest in the Rents and the Personal Property. Any recorneyance fee required by law shall be paid by Trustor, if
<br />perm ed by applicable law.
<br />EVE S OF DEFAULT. Each of the following, at Lender's option, shall constitute an �vent of Default under this Deed of Trust:
<br />yment Default. Trustor fails to make any payment when due under the Indebtqdness.
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<br />er Defaults. Trustor fails to comply with or to perform any other term, oblig�tion, covenant or condition contained in this Deed of
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