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DEED OF TRUST � a�.10 5�. 6 9
<br />Loan No: 101241889 (Continued) Page 4
<br />will then bear interest at the rate charged under the Note from the dete incurred or paid by Lender to the dete of repayment by Trustor. All
<br />such expanses will become a part of the Indebtedness and, at Lender's option, will iAl be payable on demand; (B) be edded to the
<br />belance of the Note and be apportioned among and be payable with any instatiment payments to become due during either (1) the term of
<br />any applicab(e insurance policy; or (2) the remeining term of the Note; or (C) be treated as e batloon payment which wi►1 be due and
<br />payable at the Note's maturity. The Deed of Trust atso wili secure paymant of these amounts. Such right shall be in addition to all other
<br />rights and remedies to whici� Lender may be entitled upon Default.
<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 werrants that: (a) Trustor holds good and marketabie title of record to the Property in fee simpie, free and clsar of ell
<br />(iens and encumbrances other than those set forth in the Real Property description or in eny title insurance policy, title report, or tina!
<br />title opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust, and (b) Trustor has the full right,
<br />power, and authority to execute and deliver this Deed of Trust to Lender.
<br />Defense of TiUe. Subject to the exception in the paragraph above, Trustor warrents and will forever defend the title to the Property
<br />against the lewful ciaims 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 undar this Deed of Trust, Trustor shall defend the ection et 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 Lender's own choice, and Trustor will daliver, or cause to be delivered, to Lender such instruments as Lender may
<br />request trom time to #ime to permit such perticipation.
<br />Compliance With Laws. Trustor werrents that the Property and Trusior's use of the Property complias with all existing epplicable
<br />laws, ordinances, and regufetions of governmente( authorities.
<br />Sunrival of Representations and Warrandes. Afl representations, warranties, and agreements made by Trustor in this Deed of Trust
<br />shall survive the execution and delivery of this Deed of Trust, sha(I be continuing in nature, and shall remain in full force and effect
<br />until such time as Borrower's indebtedness shall be paid in tuU.
<br />CONDEMNATION. The tofiowing provisions relating to condemnation proceedings are a 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 />take such s#eps 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 />Qpplication of Net Proceeds. If all or any part of the Property is condemned by eminent domain 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 proceeds of the award be epplied
<br />to the Indebtedness or the repair or restoration of the Property. The net proceeds of the eward shall mean the awerd after p8yment of
<br />all reasona6le costs, expenses, and attorneys' fees incurred by Trustee or Lendar in connection witi� the condemnation.
<br />IMPOSITION OF TAX�S, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental
<br />taxes, tees 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 Iien on the Real Property. Trustor shall
<br />reimburse Lander tor all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed
<br />of Trust, including without limitation aA taxes, fees, documentary stamps, end other charges for recording or registering this Deed of
<br />Trust.
<br />Taxes. The following shaii constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon
<br />all or any part of tf�e Indebtedness secured by this Deed of 7rust; f2) e specific tax on Borrower which Borrower is authorized or
<br />required 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 />chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on
<br />payments of principal and interest made by Borrower.
<br />Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shail
<br />have the same effect as an Event of Default, and Lender may exercise any or ali of its evailabls remedies for an Event of Defauit as
<br />provided below unless Trustor either (7i pays the tax before it becomes definquent, or (2) contests the tax as provided above in the
<br />Taxes and Liens section and deposits with Lender cash or e sufficient corporate surety bond or other securiry setisfactory to Lender.
<br />SECURITY AC3REEMENT; FINANCING STATEMENTS. Tha foltowing provisions retating to this Deed of Trust as a security agreement are e
<br />part of this Deed of Trust:
<br />Security Agreement. This instrument shall constitute a Security Agreement to the extent eny of the Property constitutes fixtures, and
<br /> = Lender shall have all of the rights of a secured party under the Unitorm Commercial Code as amended from time to time.
<br /> --- Seaurity Interest. Upon request by Lender, Trustor shall take whatever action is requested by Lende� to peffect and continue Lender's
<br /> � securiry interest in the Rents end Personal Property. In addition to recording this Deed of Trust in the real property records, Lender
<br /> — may, at any time and without further authorization from Trustor, file executed counterparts, copies or reproductions of this Deed of
<br />Trust es a financing statement. Trustor shali reimburse Lender for all expenses incurred in pertecting or continuing this security
<br />interast. Upon default, Trustor shall not remove, sever or detach the Personal Property ftom the Proparty. Upon default, Trustor sF�all
<br />— assambie any Personal Property not affixed to the Property in e manner and at a pfece reasonably convenient to Trustor and Lendar
<br /> -- and make it available to Lender within three (3) days after receipt of written demend from Lender to the e�ctent permitted by app(ica6le
<br />law.
<br />Addresses. The mailing addresses of Trustor ldebtor? and Lender (secured party) from which information concerning the security
<br />interest granted by this Deed of Trust may be obtained (each as requiced by the Uniform Cemmercial Cade) are as stated an the first
<br /> � page of this Deed of Trust.
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