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�: , :j � ' ° ` ; k DEED OF TRUST
<br />Loan No: 128494 (Continued) � Q�, 1 Q�j o�!� Page 4
<br />CONDEMNATION. The following provisions relating to condemnation proceedings are a pert of this Deed of Trust:
<br />Proceedings. If any proceading in condemnation is filed, Trustor shall promptly notify Lender in writing, and
<br />Trustor shall promptly take such steps as may be necassary to defend the action and obtain the award. Trustor
<br />may be the nominal party in such proceeding, but Lander shall be entitled to perticipate in the proceeding and to be
<br />represented in the proceeding by counsel of its own choice, and Trustor will deliver or cause to be delivered to
<br />Lender such instruments and documentation as may be requested by Lender from time to time to parmit such
<br />participation.
<br />Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by
<br />any proceeding or purchase in lieu of condemnation, Lendar may at its election require that all or any portion of the
<br />net proceeds of the awerd be applied to the Indebtedness or the repair or restoration of tha Property. The net
<br />proceeds af the award shall mean the award after payment of ail reasonable costs, expenses, and attornays' faes
<br />incurred by Trustee or Lender in connection with the condemnation.
<br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisians relating
<br />to governmental taxes, fees 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
<br />this Deed of Trust and taka whatever other action is requastad by Lender to perfect and continue Lender's lien on
<br />the Real Property. Trustor shall reimburse Lender for all taxes, es described below, together with all expenses
<br />incurred in recording, perfecting or continuing this Deed of Trust, including without limitation all taxes, fees,
<br />documantary stamps, and other charges for racording or registering this Deed of Trust.
<br />Taxes. The follawing shall constituta taxes to which this section applies: (1) e specific tax upon this type of
<br />Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on
<br />Borrower which Borrower is authorized ar required to deduct from payments on the Indebtedness secured by this
<br />typa of Dead of Trust; (3) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the
<br />Note; and (4) a specific tax on all or any portion of the Indebtedness or on peyments of principal and interest
<br />made by Borrower.
<br />Subsequent Taues. If any tax to which this section applies is enactad subsequent to the date of this Deed of
<br />Trust, this event shell have the same effect as an Event of Default, and Lendar may exercise any or all of its
<br />available remedies for an Event of Default as provided below unless Trustor either (1) pays the tax before it
<br />becomes delinquent, or (2) contests the tax as provided above in the Taxas and Liens section and deposits with
<br />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
<br />security egreement are a part of this Deed of Trust:
<br />Security Agreement. This instrument shall constitute a Security Agreement to the extent eny of the Property
<br />constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commerciei Code
<br />as amended from time to time.
<br />Security Interest. Upon request by Lender, Trustor shall teke whatever actlon is requestad by Lender to perfect
<br />and continue Lender's security interast in the Rents and Personal Property. In addition to recording this Deed of
<br />Trust �n the real prop�rty records, Le[�der may, at any time and without furth9r authorization from Trus#or, file
<br />exacuted counterparts, copies or repraductions of this Deed of Trust as a financing statement. Trustor shall
<br />reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Trustor
<br />shall not remove, sever or detach the Personal Property from the Property. Upon default, Trustor shell assamble
<br />any Personal Property not affixed to the Property in e menner and at a place reasonably convenient to Trustor and
<br />Lender and make it evailable to Lender within three (3) days after receipt of written demand from Lender to the
<br />extent permitted by applicable law.
<br />Addresses. The mailing eddresses of Trustor (debtor) and Lender (secured party) from which information
<br />concerning the security interest granted by this Deed of Trust may be obtained (each as required by the Uniform
<br />Commercial Code) are as stated on the first page of this Deed of Trust.
<br />FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and
<br />attorney-in-fact are a part of this Deed of Trust:
<br />Further Assurences. At eny tima, and from time to time, upon request of Lender, Trustor will make, execute and
<br />deliver, or will causa to be made, executed or delivered, to Lender or to Lender's designee, and when requested by
<br />Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, et such times and in such offices
<br />and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, sacurity deeds, security
<br />agreements, financing statements, continuation statements, instruments of further assurance, certificates, and
<br />othar documents as may, in the sole opinion of Lender, be necessary or desirable in order to efFectuate, complete,
<br />parfect, continue, or preserve (1) Borrower's and Trustor's obligations under the Note, 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,
<br />whether now owned or hereafter ecquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in
<br />writing, Trustor shall reimbursa Lender for all costs and expenses incurred in connection with the matters referred
<br />to in this paragraph.
<br />Attorney-in-Fact. If Trustor fails to do any of the things referred to in the preceding paregraph, Lender may do so
<br />for and in the name of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints
<br />Lender as Trustor's attorney-in-fact for the purpose of making, executing, delivering, filing, recording, end doing all
<br />other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in
<br />the preceding paragraph.
<br />FULL PERFORMANCE. If Borrower and Trustor pay all the Indebtedness, including without limitation all future
<br />advances, when due, and Trustor otherwise performs all the obligations imposed upon Trustor under this Deed of Trust,
<br />Lender shall execute and deliver to Trustea a request for full reconveyance and shall execute and deliver to Trustor
<br />suitable statements of termination of any financing statement on file evidancing Lender's security interest in the Rents
<br />and the Personal Property. Any reconveyance fee required by law shall be paid by Trustor, if permitted by applicable
<br />law.
<br />EVENTS OF DEFAULT. Each of tha following, at Lender's option, shall constitute an Event of Defeult under this Deed
<br />of Trust:
<br />Payment Default. Borrower fails to make any payment when due under the Indebtedness.
<br />Other Defaults. Borrower or Trustor fails to comply with or to perform any other term, obligation, covenent or
<br />condition cantained in this Deed of Trust or in any of the Related Documents or to comply with or to perform any
<br />tarm, obligation, covenant or condition contained in any other agreement between Lender and Borrower or Trustor.
<br />Compliance Default. Failure to compiy with eny other term, obligetion, covenant or condition contained in this
<br />Deed of Trust, the Note or in any of the Related Documents.
<br />Default on Other Payments. Failure of Trustor within the tima required by this Deed of Trust to make any payment
<br />for taxes or insurance, or any other payment necessery to prevent filing of or to effect discharge of any lien.
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