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20110647�
<br />DEE� OF TRUST �
<br />loan No: 9409 (Continued} Page 5
<br />Survival of Representations and Warranties, All rep�esentations, warranties, and agreemenis made by Trustor in
<br />this Deed of Trust shall survive tha execution and dalivery of this Deed of Trust, shall be continuing in nature, a�d
<br />shall remain in full #orce and effect until such time as Trustor's Indsbtednsss shat[ be paid in fulf.
<br />CONpEMNATION. Tha foNowing provisions relating to condemnaUon proceedings are a part of this Deed o! Trust:
<br />Proceedings. If any proceed'sng in condemnetfon is filed. Trustor shall promptly natify Lender in writing, and
<br />Trustor shall prompily take such step9 as may 8e necessary Eo defend the action end obtain the award. Trustor
<br />may be the naminal party in suCh proceeding, but Lender shall be entitled to pa�ticipate in the proceeding an8 to be
<br />represented in the proceeding by counsel of its own choice, and Trustor wii! deliver or cause to be delivered to
<br />Lender such instruments and documentation as may be requested by Lender from Yime to time Ya permii such
<br />pert(Cipation.
<br />Application af Net Proceeds. If al( or any pert oi tha PropeKy is condemned by eminant domain proceedings or by
<br />eny proceeding or purchase in lieu of condemnation, Lender may at its election require that a11 or any poriion of ths
<br />net praceeds of ihe award be epplied to the indabtedness ar the repair or restoration of the Property. The net
<br />proceeds of the award shall mean the award after payment of aii reasonable costs, expenses, and attorneys' fees
<br />incurrad by Trustee or Lender in connection with the condemnation.
<br />1MPOSlTION OF TAXES, FEES ANQ CHARGES BY GOVERNMENTAL AUTHORITIES. The following pravisions relating
<br />to governmentai iexes, fees and charges are s part of this peed of 7'rust:
<br />Cu�rent Taxes, Fees and Charges. Upon request by Lender, Trustor shail execute such documents in additio» ta
<br />this Deed of TrusY and take whatever other ection is requested by Lender to perfect and continue Lender's Iien on
<br />the fteal Praperty. Trustor shall reimburse Lender for all taxes, as described below, together with all expenses
<br />incurred in racording, perfecting or continuing this Deed of 7rust, including without limitation ali taxes, fees.
<br />documentary stamps, and othar charges for recording or registering this Deed of Trust.
<br />1'axes. The followi�g shall constitute taxes to which this section applies: (1) a speclfic tax upon this type of
<br />Deed oi Trust ot upan all or any part of ihe Indebtedness secured by this Deed of Trust; t2} a specific tax on
<br />7rustor which Trustor is authorized or required to deduci from payments on the Indebtedness seaured by this type
<br />of Osed o! Trust; {3) a tax o� this type of Deed oT 7rust chargeabte against the Lender or the holder of the Notct;
<br />and {4) a spocifiC tax on 811 ot any portipn of the Indebtednass oc on payments oi principat and interest made by
<br />Trustor.
<br />Subsequent Taxes. If any tax ta which this section applies is en�ote8 subsequsnt to the date oi this Oeed of
<br />Trust, this avent shall have the same eftect as en Event of Defautt. and Lender may exereise any or ail of its
<br />available remedies for an Event of Detault as provlded below unless Trustor either (1y pays ihe tax befote it
<br />becames delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with
<br />Lender oash or a sufticient corporafe surety bond or other security satisfactory ia Lender.
<br />SECURITY AGREBMEkVT; FIM1IANClNQ STATEMENTS. The toilowing provisions relating to this Deed oi Trust as a
<br />security ag�eement are a part of Lhis Deed of Trust:
<br />SeCUrity Agreement. This insirument shall constitute a Security Agreement to the extent any of the Property
<br />constitutes fixtures, and Lender shall have all of the riQhts oi a secured party under the Uniform Commerciat Code
<br />as emended from time to time.
<br />Seourity Interest. Upon requesi by Lender, Trustor shall t0ke whstevec aCtion is requested by Lender to perfact
<br />end continue Lender's security interest in ihe Rents and Personal Property. In addition to reoording this Desd of
<br />Trust in tlie reai property records, Lender mey, at any time and witfiout further authorization from 7rustor, iile
<br />executed counterpans. capies or repraduotions o# this Deed af Trust as a iinancing statement. Trustor shall
<br />reimburse Lender fat all expenses incurred +n psrfecting or continuing this security interest. Upon default. Trustor
<br />shati not remove, ssver or detach ihe Personal Property from the Property. Upon default, Trustor shall assemble
<br />any Personal Property not atflxed to the Property in a manner and at a piace reasonably convenient to 7rustor and
<br />Lender and make it available to Lendor within three (3} days after receipt of written demand from Lender to the
<br />exter3t permitted by applicable law.
<br />Addresses. i'he maiting addresses of Trustor {debior) and Lender (secured party) from which information
<br />concerning the security interest granted by this Deed of Trust may be obteined {each as required by the Uniform
<br />Commercial Cade� are es stated on the first page of this Oeed of 7rust.
<br />FURTHER ASSURANCES; ATTbRNEY•IN-FACl'. The following provisions relating to further assurances and
<br />aitorney-in-fact sre a part of this Deed of Trust:
<br />Further Assurances. At any time, and irom time ta time, upon request of Lender, TrUStor will make, execute and
<br />deliver, or will cause to be made, exacuted or dolivered, to Lender or to Lender's dasiqnae, end when requested by
<br />Lender, cause to be flied, reCOrded, refil8d, or rerecorded, as the case may be, at such iimes and In such oifices
<br />and places as Lender may deem appropriate, any and all suoh mortgages, deeds of trusY, security deeds, security
<br />agreements. financing statements, continuation statements, instruments of fuKher assuranca, ceR'sficates, and
<br />other documents as may, in the sole opinion af Lender, be necessary or desirable in order to effectuste, complete,
<br />parfect, continue, o� preserve {1} Trustor's obligations under tlie Note, this Qeed of Trust, and the Related
<br />Oocuments, and {2) the Iisns and security interests created by this Deed of Trust as first and prior lians on the
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