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20�1076�2
<br />DEED OF TRUST
<br />(Continued) Page 4
<br />existing applicable laws, ordinances, and regulaUons of govemmental authorities.
<br />Survival of Representations and Warranties. All representations, waRanties, and agreements made by Trustor in
<br />this Deed of Trust shall suMve the executlon and delivery of th(s Deed of Trust, shall be continuing in nature, and
<br />shall remain in full force and effect unt(I such time � Trustor's Indebtedness shall be paid in full.
<br />CONDEMNATION. The following provisions �elating to condemnation proceedings are a part of this Deed of Trust:
<br />Proceedings. If any procc�eding in condemnation is filed, Trustor shall prompUy notify Lender in writing, and
<br />Trustor shall promptly take such steps as may be ne�ssary to defend the action and obtain the award. Trustor
<br />may be the nominal party in such proceeding, but Lender shall ba entitled to participate in the proceeding arid to be
<br />represerrted in the proc:eeding by counsel of its own choice, and Trustor will deliver or cause to be delivered to
<br />Lender such instruments and documentation as rr�y be requested by Lender from time to time to permit such
<br />participation.
<br />Applicatlon of Net Proceeds. If ail or any part of the Properly is condemned by eminent dornain proceedings or by
<br />any pra�eding or purchase in lieu of wndemnation, Ler�er may at its election require that all or any portion of the
<br />net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net
<br />prooeeds of the award shall mean the award after payment of all reasornable costs, exper�, and attomeys' fees
<br />incurred by Trustee or Ler�er in connecfion with the oondemnation.
<br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating
<br />to govemmental 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 />thls Deed of Trust and take whatever other acUon is requested by Lender to pertect and cantinue Lender's lien on
<br />the Real Property. Trustor shall reimburse Lender for all taxes, as described below, together with all expenses
<br />incurred in recording, perfecting or continuing this Deed of Trust, including without limitation all taxes, fees,
<br />documentary stamps, and other charges for recording or registe�ing this Deed of Trust.
<br />Taxes. The following shall constitute taxes to which this section applies: (1) a speciflc 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 speciflc tax on
<br />Trustor which Trustor is authorized or required to deduct from payments on the Indebtedness secured by this type
<br />of Deed of Trust; (3) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Note;
<br />and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by
<br />Trustor.
<br />Subsequent Taues. If any ta�c to which this section appli� is enaeted subsequerrt to the date of this Deed of
<br />Trust, this event shall have the same effect as an Everrt of Default, and Lender may exerase any or ail of its
<br />available remedies for an Everrt of Default as provided below unl�s Trustor either (1) pays the tax before it
<br />becomes delinquerrt, or (2) contests the tax as provided above in the Taxes and Liens section and deposfts with
<br />Lender cash or a sufficient corporate surety bond or other security saUsfactory to Lender.
<br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a
<br />security agreement are a part of this Deed of Trust:
<br />SecuHty Agreement Thfs Instrument shall constitute a Security Agreement to the extent any of the Properly
<br />constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code
<br />as amended from time to time.
<br />Security Interest. Upon request by Lender, Trustor shall take whatever action is requested by Lender to pertect
<br />and continue Lender's security interest in the Rents and Personal Property. In additlon to recording this Deed of
<br />Trust fn the real properly records, Lender may, at any time and without further authorization from Tn.istor, ftle
<br />executed counterparts, copies or reproductlons of this Deed of Trust as a flnancing statement. Trustor shall
<br />reimburse Lender for all expenses incu�red in perfecting or continuing this security interest. Upon default, Trustor
<br />shall not remove, sever or detach the Personal Properry from the Property. Upon default, Trustor shall assemble
<br />any Personal Property not affixed to the Properly in a manner and at a place reasonably convenient to Trustor and
<br />Lender and make it available to Lender wfthin three (3) days after receipt of written demand from Lender to the
<br />extent permitted by appi(cable law.
<br />Addresses. The mailing addresses 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 flrst 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 />Furthar Assurances. At any ti�, and from tirr� to time, upon request of Lerider, Trustor will make, exearte and
<br />deliver, or will cause to be made, exec�.ited or delivered, to Lerider or to Lender's designee, and when requested by
<br />Lender, cause to be filed, reoorded, refiled, or rerecorded, as the case may be, at such Umes and in such offic�s
<br />and plac�s as Lender may deem appropriate� any and all sudi mortgages� deeds of trust, security deeds, security
<br />agreemerrts, flnancing statements, continuation statements, instrvmerds of further assurance, certificates, and
<br />other documerrts as may, in the sole opinion of Lender, be neoessary or desirable in order to effectuate, complete,
<br />perfect, continue, or preserve (1) Trustor's obligations under the Note, this Deed of Trust, and the Related
<br />Dociaments, and (2) the liens and security interests cxeated by this Deed of Trust as first and prior liens on the
<br />ProperLy, whether now owned or hereafter aoquired by Trustor. UNess prohibfted by law or Lender agrees to the
<br />corrtrary in wriUng, Trustor shall reimburse Lender for all costs and e�er�.ses incurred in connection with the
<br />matters referred to in this paragraph.
<br />Attomey-in-Fact If Trustor fails to do any of the things referred to in the preceding paragraph, Ler�er may do so
<br />for and in the name of Trustor and at Trustor's ezpense. For such purposes, Trustor hereby irrevocably appoints
<br />Lender as Tnastor's attomey-in-fact for the purpose of making, executing, delivering, filing, recording, and 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 Trustor pays all the Indebtedness, induding without limitation all future advan�s, when due,
<br />and othervvise performs all the obligatfons imposed upon Trustor under this Deed of Trust, Lender shall execute and
<br />deliver to Trustee a request for full reconveyance and shall execute and deliver to Trustor suitable statements of
<br />termination of any flnancing statement on flle evidencing Lender's securiry Interest in the Rents and the Personal
<br />Praperty. Any reconveyance fee required by law shall be pafd by Trustor, if permitted by applicable law.
<br />EVENTS OF DEFAULT. Each of the followfng, at Lender's option, shall constitute an Everd of Default under this Deed
<br />of Trust:
<br />Payment Default. Trustor fails to make any payment when due under the Indebtedness.
<br />Other Defaults. Tnrstor fails to comply with or to perfiorm any other term, obligation, covenant or condition
<br />contafned in this Deed of Trust or in any of the Related Documents or to comply with or to perForm any term,
<br />obligation, covenant or condition contained in any other agreement between Lender and Trustor.
<br />Compllance Default. Failure to comply with any other term, obligation, covenant or conditfon contained in this
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