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<br />DEED OF TRUST '� 0110 4 0"� �
<br />(Continued) Page 3
<br />payabl� I�t the Note's maturity. The Deed of Trust also will secure payment of these emounts. Such right shall be in eddition to all other
<br />rights �r� remedies to which Lender may be entitled upon Default.
<br />; DEFENSE OF TITLE. Tha following provisions relating to ownership of the Property are a part of this Deed of Trust:
<br />, Trustor warrents that: (a) Trustor hoids good and marketable title of record to the Property in fee simple, free and clear of all
<br />and encumbrancas other than those set forth in the Real Property description or in any title insurance policy, title report, or finel
<br />opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust, and (b) Trustor has the full right,
<br />3r, and authority to execute and deliver this Deed of Trust to Lender.
<br />nse of Title. Subject to the exception in the paragreph above, Trustor warrants and wili forever defend the title to the Property
<br />ist the lawful claims of all persons. In the event any action or proceeding is commenced that questions Trustor's title or the
<br />ast of Trustee or Lendar under this Deed of Trust, Trustor shall defend the ection at Trustor's expense. Trustor may be the
<br />nal party in such proceeding, but Lender shall be entitled to participete in the proceeding and to be represented in the proceeding
<br />ounsel of Lender's own choice, and Trustor will deliver, or cause to be delivered, to Lender such instruments as Lender may
<br />�st from time to time to permit such participatfon.
<br />pliance With Laws. Trustor warrents that the Property and Trustor's use of the Propeny complies with all existing applicable
<br />, ordinances, and regulations of governmental authorities.
<br />ival of Representations and Warranties. All representations, warranties, and agreements made by Trustor in this Deed of Trust
<br />survive the execution and delivery of this Deed of Trust, shall be continuing in nature, and shall remain in full force and effect
<br />such time as Borrower's Indebtedness shall be paid in full.
<br />TION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust:
<br />Pr eedings. If any proceeding in condemnation is filed, Trustor shall promptly notify Lender in writing, and Trustor shell promptly
<br />ta such steps as may be necessary to defend the action and obtain the award. Trustor may be the nominal perty in such
<br />pr eding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsei of its own
<br />ch i e, and Trustor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by
<br />Le er from time to time to permit such participation.
<br />A ication of Net Proceeds. If alI or any part of the Property is condemned by eminent domain procaedings or by eny proceeding or
<br />pu ase in lieu of condemnation, Lender mey at its election require that all or any portion of the net proceeds of the award be applied
<br />to e Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of
<br />all asonable costs, expenses, and attorneys' fees incurred by Trustee or Lender in connection with the condemnation.
<br />IMPOS ON OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental
<br />texes, s and charges are a part of this Deed of Trust:
<br />C nt Taxes, Fees and Charges. Upon request by Lender, Trustor shall execute such documents in addition to this Dead of Trust
<br />an take whataver other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Trustor shall
<br />rei� urse Lander fo� ali taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed
<br />of ust, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of
<br />T' s. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon
<br />all any part of the Indebtedness secured by this Deed of Trust; i2) a specific tax on Borrower which Borrower is authorized or
<br />re � red 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 />ch r eable against the Lender or the holdar of the Note; and (4) a spacific tax on all or any portion of the Indebtedness or on
<br />pa ents of principal and interest made by Borrower.
<br />S equent Taxes. If any tax to which this section applies ls enacted subsaquent to the date of this Deed of Trust, this event shall
<br />ha the same effect as an Event of Default, and Lender may exercise eny or all of its available remedies for en Event of Default as
<br />pr ided below unless Trustor either (1) pays the tex before it becomes delinquent, or !2) contests the tax as provided above in the
<br />Ta� �s and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender.
<br />SECUR AGREEMEWT; FINANCING STATEMEIVTS. The following provisions relating to this Deed of Trust as a security agreement are a
<br />part of is Deed of Trust:
<br />S rity Agreement. This instrument shall constitute e Security Agreement to the extent any of the Propert}r constitutes fixtures, and
<br />Le er shall have all of the rights of a secured party under the Uniform Commerciel Code as amended from time to time.
<br />S rity Interest. Upon request by Lender, Trustor shall take whatever action is requested by Lender to perfect and continue Lender's
<br />se rity interest in the Rents and Personal Property. In addition to recording this Deed of Trust in the real property records, Lender
<br />m at any time and without further authorization from Trustor, file executed counterparts, copies or reproductions of this Deed of
<br />Tr t as a financing statement. Trustor shall reimburse Lender for all expenses incurred in perfecting or continuing this security
<br />in est. Upon default, Trustor ahall not remove, sever or detach the Personal Property from the Property. Upon default, Trustor shall
<br />as mble any Personal Property not affixed to the Proparty in a manner and at a place reasonably convenient to Trustor and Lender
<br />an, meke it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable
<br />�sses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which information concerning the security
<br />st granted by this Deed of Trust may be obtained (each as required by the Uniform Commerciel Code) are as steted on the first
<br />of this Deed of Trust.
<br />FURTH� ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are e part of
<br />this De of Trust:
<br />Fu er Assurances. At any time, and from time to time, upon request of Lender, Trustor will make, execute and delivar, or will cause
<br />to made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded,
<br />re i d, or rerecorded, es the case may be, at such times and in such offices and places es Lender mey deem appropriate, any and all
<br />su mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of
<br />fu er assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to
<br />e tuate, complete, parfect, continue, or preserve (1) Borrower's and Trustor's obligations under the Note, this Deed of Trust, and
<br />th elated Documents, and (2) the liens and security interests created by this Deed of Trust as first and prior liens on the Property,
<br />w I her now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writing, Trustor
<br />sh I reimburse Lender for all costs and �xpenses incurred in connection with the matters referred to in this paragraph.
<br />A rney-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 />af ustor and et Trustor's expense. For such purposes, Trustor hereby irrevocably appoints Lender as Trustor's attorney-in-fact for
<br />th urpose of making, executing, delivering, filing, recording, and doing all other things as mey be necessary or desirable, fn Lender's
<br />so opinion, to accomplish the matters referred to in the preceding paragraph.
<br />FULL FORMANCE. If Borrower end Trustor pay all the Indebtedness, including without limitation all future advances, when due, and
<br />Trusto herwise performs all the obligations imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to Trustee a
<br />reques r full reconveyance and shall execute and deliver to Trustor suitable statements of termination of any financing statement on file
<br />eviden i g Lender's security fnterest in the Rents and the Personal Property. Any reconveyance fee required by law shall be paid by
<br />Trusto i permitted by epplicable law.
<br />DEFAULT. Each of the following, et Lender's option, shall constitute an Event of Default under this Deed of Trust:
<br />Defauit. Borrower fails to make eny payment when due under the Indebtedness.
<br />er Defaults. Borrower or Trustor fails to comply with or to perform any other term, obligation, covenant or condition contained in
<br />Deed of Trust or in eny of the Related Documents or to comply with or to perform any term, obiigation, covenant or condition
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