Laserfiche WebLink
_�-� <br />DEED OF TRUST <br />(Continued) 2 0 1� Q�"� ��. Page 3 <br />rights provided for in this paragraph shall be in addition to any other rights or any remedies to which Lender may be entitled on account of <br />any default. Any such action by Lender shall not be construed as curing the default so as to bar Lender from any remedy that it otherwise <br />would have had. <br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust: <br />Title. Trustor warrants that: (a) Trustor holds good and marketable title of record to the Property in fee simple, free and clear of all <br />liens and encumbrances other than those set forth in the Real Property description or in the Existing Indehtedness section below or in <br />any title insurance policy, title report, or final title opinion issued in favar of, and accepted by, Lender in connecUon with this Deed of <br />Trust, and (b) Trustor has the full right, power, and authority to execute and deliver this Deed of Tnist to Lender. <br />Defense of Titte. Subject to the excepUon in the paragraph above, Trustor warrants 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 Trust, Trustor shall defend the action at TrustoPs expense. Trustor may be the <br />nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be rspresented in the proceeding <br />by counsel of Lender's own choice, and Trustor will deliver, or cause to be delivered, 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 and Tn.istor's use of the Properfy complies with all existing applicable <br />laws, ordinances, and regulations of govemmental authorities. <br />Survival of Promises. All promises, agreements, and statements Trustor has made in this Deed of Trust shall survive the execution <br />and delivery of this Deed of Trust, shall be continuing in nature and shall remain in full force and effect until such time as Trustor's <br />indebtedness is paid in full. <br />EXISTING INDEBTEDNESS. The following provisions conceming Existing Indebtedness are a part of this Deed of Trust: <br />Ex(stfng Lien. The lien of this Deed of Trust securing the Indebtedness may be secondary and inferior to the lien secu�ing payment of <br />an existing obligation. The existing obligation has a current principal balance of approxlmately $62,500.00. The obligation has the <br />: following payment terms: $1,155.01 per Month. Trustor expressly covenants and agrees to pay, or see to the payment of, the <br />Existing Indebtedness and to prevent any default on such indebtedness, any default under the instruments evidencing such <br />indebtedness, or any default under any security documents for sucfi indebtedness. <br />No Modiflcation. 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 Trust by which that agreement is modified, amended, extended, or renewed without <br />the prior wrltten consent of Lender. Trustor shall neither request nor accept any future advances under any such secu�lry agreement <br />without the prior written consent of Lender. <br />CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust: <br />Proceedings. If any proceeding in condamnation is filed, Trustor shall promptly notify Lender in writing, and Trustor shall promptly <br />take such steps as 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 as may be requested by <br />Lender from time to time to permit such participation. <br />Applicatton of Net Proceeds. If all o� any part of the Property is condemned by eminent damain 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 procesds 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 award after payment of <br />all reasonable costs, expenses, and attomeys' fees incurred by Trustee ar Lender in connection with the condemnation. <br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHOWTIES. The following provisions relating to govemmental <br />ta�ces, fees and charges are a part of this Deed of Trust: <br />Current Taxes, Fees and Charges. Upon request by Lende�, Trustor shall execute such documents in addition to this Deed of Trust <br />and take whatever other action is �equested by tender to perfect and contlnue Lender's lien on the Real Property. Trustor shall <br />reimburse Lender for all taxes, as described below, together with all expenses incurred in reco�ding, partectlng or continuing this Deed <br />of Tn�st, including without Iimitation ail taxes, fees, documentary stamps, and other charges for recording or registering this Deed of <br />Trust. <br />Taxes. The following shall constitute taxes to which this section applies: (1) a speciflc tax upon this type of Deed of Trust or upon <br />all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Trustor which Trustor is authorized or <br />required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (3) a tau on this type of Deed of Trust <br />chargeable aga(nst the Lender or the holder of the Credit Agreement; and (4) a specific tax on all or any portion of the Indebtedness <br />or on payments of princfpat and interest made by Trustor, <br />Subsequent Taues. If any tax to wFSich this sectlon applies fs enacted subsequent to the date of this Deed of Trust, this event shall <br />have the same effect as an Event of Defauit, and Lender may exercise any or all of its available 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 Lender. <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 />Secudty Agreement. This ins#rument shall constitute a Secu�ity Agreement to the extent any of the Property constitutes fixtures, and <br />Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to Ume. <br />Security Interest. Upon request by Lender, Trustor shall take whatever acUon is requested by Lender to pertect and continue Lender's <br />security interest in the Personal Property. in add(tion to recording this Deed of Trust in the r�al property records, Lender may, at any <br />time and without further authorization from Trustor, flle executed counterparts, copies or reproductions of thls Deed of Trust as a <br />financing statement. Trustor shall reimburse lender for all expenses incurred in pertecting or continuing this security interest. Upon <br />default, Trustor shall not remove, sever or detach the Personal Properly from the Property. Upon default, Trustor shall assemble any <br />Personal Property not aifixed to the Property fn a manner and at a piace reasonably convenient to Trustor and Lender and make it <br />available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. <br />Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which information conceming the security <br />interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as 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 attomey-in-fact are a part of <br />this Deed of Trust: <br />Further Assurances. At any t1me, and from time to time, upon request of Lender, Trustor will make, execute and deliver, or will cause <br />to be made, executed or delivered, to Lender or to Lender's deslgnee, and when requested by Lender, cause to be flled, recorded, <br />refiled, or rerecorded, as the case may be, at such times and in such offices a�d places as Lender may deem appropriate, any and all <br />such mortgages, deeds of trust, security deeds, security agreements, financfng statements, continuation statements, instruments of <br />further assurance, certificates, and other documents as may, in the sols opinion of Lender, be necessary or desirable in order to <br />effectuate, complete, pertect, continue, or preserve (1) Trustor's obligations under the Credit Ag�eement, this Deed of Trust, and <br />the Related Documents, and (2) the liens and security interests created by this Deed of Trust on the Property, whether now owned <br />or hereafter acquired by Trustor. Unless. prohibited by law or Lender agrees to the contrary in writing, Trustor shall reimburse Lender <br />for all costs and expenses incurred in connection with the matters referred to (n this paragraph. <br />Attomey-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 />of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints Lender as Trustor's attomey-In-fact for <br />the purpose of making, executing, delivering, filing, recordfng, and doing all other things as may be necessary or desirable, in Lender's <br />sole opinfon, to accomplish the matters referred to in the preceding paragraph. <br />