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<br />� ' , 20110409'7
<br />Loan No: 35177 .` '' � : -
<br />DEED OF TRUST
<br />(Continued)
<br />�age 3
<br />power, ,and authority to execute and deliver this. Dead of Trusr to Lender.
<br />Defense of Title. Subject to the exception in the paragraph above, Trustor warrants and will foraver defend the'title to the Property
<br />a,gain,st thQ,.lawful of all persons. In the event any,action proceadfng,is commenced xhet questions Trustor's title or the
<br />interest of �rustea or Lender under this Deed ot Trust, Trustoc shall defand the action at Trustor's expense. Trustor may be the
<br />nominal.,party in such proceeding, but Lender shall be entitled to perticipate in the proceeding and to be represented in the proceeding
<br />by counsel of Lende►'s own choice; and Trustor will, deliver, or ,cause to be delivered; to Lender such instruments as Lender may
<br />regues.t from time to tirne to permit such perticipation.
<br />Compliance With Lews. Trustor warrants that the Property and Trusto�'s use of the Property complies with all existing applicable
<br />lews, ordinances, end regulations of governmental authorities.
<br />Survival of Representations and Werranties. All rapresentations, warranties, and agreements made by Trustor in this Deed'of Trust
<br />shall survive the execution and delivery of this Deed of Trust, shall be continuing in nature, and shall remain in full force and effect
<br />untfl such time as Trustor's Indebtedness shail be paid in tull. '
<br />CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust:
<br />Proceedings. If eny proceed,ing in condemnetlon is filed, Trustor shall promptly notify; Lender in writing, and Trustor shall prqmptly
<br />take such steps as may be. to deferad the ection. artd obtain .the av�rerd. : T.�ustor may be. the rrominal partyi in such
<br />proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by cou sel of its own
<br />choice, and Trustor will deliver or cause to be delivered to Lender such instruments and documentation as mey b requested by
<br />Lender from time to time to permit such participation.
<br />Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by an 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 a erd be applied
<br />to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award a er 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 GOVERNMENTAL AUTHORITIES. The following provisions relating t governmental
<br />taxes, fees and charges ere a part of this Deed of Trust:
<br />Current Taxes, Fees end Charges. Upon request by Lender, Trustor shall execute suah documents in addRion to this Deed `of Trust
<br />and take whatever other ection is, requested by Lender to perfect and continue Lender's lien on the Real Property. Trusror shall
<br />reimburse Lender far all taxes, as described below, togethar with all.expenses incurred in recording, perfecting or conti uing this Deed
<br />of Trust, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registeri g:this Deed of
<br />Trust. , •
<br />Taxes. The following sfiall constitute taxes to which this section applies: (1) a specific tax upon this type of;Deed i
<br />all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Trustor which Trustor
<br />required to deduct from payments on the Indebtedness secured by this type of Dead of Trust; '(31 a tax on this type i
<br />chargeable against the Lender or the holder of the Note; .and (4i a specific tax on all or any portion of the IndE
<br />payments of principal and interest made by Trustor.
<br />Subsequent '�axes,: If sny tax to which this section applies is enacted subsequent to the date of this Deed of Trust,
<br />have the same effect as an Event of Default, and Lender may exercise any orall of its available remedies-tor an Eve
<br />provided below unless Trustor either (1) peys the tax before it beeomes deli�quent, or {2) contests the tax as provic
<br />Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other aecurity satisfact
<br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following, provisions relating to this Deed of Trust as a security
<br />part of this Deed of Trust:
<br />SaFUr,ity-Agreerr�gnx. :This.ins�rur�ent shal! eoristit�ate.,a Seaurity Agreemsr� to th� s�tet�t any af, the=Proper�j� constitu
<br />Lender shaR have atl of the rights of a secured party under the Uniform Commercial Code as emended from time to tim
<br />Security Irrterest. Upon request by Lender, Trustor shall take whatever action is requested by Lender to perfect and ci
<br />security interest in the Rents and Personel Property. In eddition to recording this Deed of Trust in the real property
<br />may, at any time and without further euthorization from Trustor, file executed counterperts, copies or reproductions
<br />"�rust as e financing statement. Trustor shall reimburse Lender for all expenses incurred in perfecting or continui
<br />interest. Upon default, Trustor shall hot remove; sever or detach the Parsonal`Property from the Property. Upon defa�
<br />assembie any Personai Property not affixed to the Property in e inanner and at e place reasonably' 6onVenient to Tru
<br />and make it available to Lerider, within three (3) days after receipt of written demand from Lender to the extent permitt
<br />law:
<br />Addresses. The mailing addresses of Trustor (debtor) end Lander (sacured pertyl trom which information, Goncern
<br />interest granted by this Deed of Trust may.be obtained,leach es required by,the Uniform �ommercial Code) are as st
<br />page of this Deed of Trust. , .
<br />FURTHER ASSURANCES; ATTORNEY-IN-FACT. The foliowing,provisions,relati�g to further,assurances,and
<br />this Deed of Trust: _ , ,
<br />Trust or upon
<br />�
<br />authorized or
<br />Deedsof Trust
<br />tedness or on
<br />is event shall
<br />of Default as
<br />ebove in the
<br />to Lender.
<br />eement are a
<br />and
<br />nue Lender's
<br />;ords, Lender
<br />this Deed of
<br />this security
<br />TruAtor shall
<br />r anii Lender
<br />by applicable
<br />� the: security
<br />sd on, the first
<br />: are a part of
<br />FurtherAssurances: At any time, and from time to time, upon request'of Lender, Trustor will meke, execute and delive!r, or vJill ceuse
<br />to be made executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be iled, recorded,
<br />refiled,'or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropri te, any and all
<br />such mortgeges, deeds nf trust, security deeds, security agreements, financing statements, continuation stetements, instruments of
<br />further assurance, certificates; and other documents as may, in the sole opinion of Lender, be necessary or desire le in order to
<br />effectuate, complete, perfect, continue, or preserve (1) Trustor's obligations under the Note, this Dead of Trust, nd the Releted
<br />Documents, and (2) the liens and security interesta created by this Deed of Trust as first and prior liens on tha Pr perty, whether
<br />now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writin , Trustor shall
<br />reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paregraph.
<br />Attorney-In-Fact. If Trustor fails to do any of the things referred to in the preceding paragreph, Lender may do so for e�d in the name
<br />of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints Lender as Trustor's etto,rney-in-fect for
<br />the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessery or desirable, in Lender's
<br />sole opinfon, to accomplish the matters referred to in the preceding paragraph.
<br />FULL PERFORMANCE. If Trustor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Trustor
<br />under this Deed ofi Trust, Lender shall execute end deliver to Trustee a request for full reconveyance and shall execute and d,eliver to
<br />Trustor suitable statements of termination of eny financing statement on file evidencing Lender's security interest in the Rents and the
<br />Personal Property. Any reconveyance fee required by law shail be paid by Trustor, if permitted by appliceble law.
<br />EVENTS OF DEFAULT. Each of the following, at Lender's option, shali constitute an Event of Default under this Deed of Trust:
<br />Payment Default. Trustor fails to make any payment when due under the Indebtedness.
<br />Other Defaults. Trustor tails to comply with or to perform any other term, obligation, covenant or condition contained in this Deed of
<br />Trust or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any
<br />other agreement between Lender and Trustor. ,
<br />Compliance Default. Failure to comply with any other term, obligation covenant or condition contained in this Deed of Trust, the Note
<br />or in any of the Releted Documents.
<br />Default on Other Payments. Failure of Trustor within the time requirad by this Deed of Trust to make any payment for texes or
<br />insurance, or any other payment necessary to pravent filing of or to effect discharge of any lien.
<br />False Statements. Any warranry, representation or statement made or furnished to Lender by Trustor or on Trustor's behaff u�der this
<br />Deed of Trust or the Related Documents is felse ormisleading in anq material respect; either now or at the time made or furt�ished or
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