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201109254
<br />DEED OF TRUST
<br />(Continued) Page 4
<br />Proceedings. If any proceeding in �ndemnation is flled, Trustor shall promptly notlfy Lender in writing, and
<br />Trustor shall prompUy take such steps as may be necessary to defend the action and obtain the award. Trustor
<br />may be the nominal parly (n such prooeeding, but Lender shall be entitled to participate in the proc�eding and to be
<br />represerrted in the proceeding by counsel of its own choic�, and Trustor will del(ver or cause to be delivered to
<br />Ler�er such instruments and documentation as rrmy be requested by Lender from tlme to Ume to permft such
<br />participation.
<br />Applicatlon 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, Lender may at its election require that ali or any portion of the
<br />net prooeeds of the award be applied to the Indebtedn�s or the repair or restoration of the Properly. The net
<br />prooeeds of the award shall mean the award after payment of all reasorrable c�sts, experu�, and attomeys' fee,s
<br />(ncurred by Trustee or Lerider in connection with the condemnaUon.
<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 addiUon to
<br />th(s Deed of Trust and take wha4ever other actlon is requested by Lender to perfect and continue Lender's lien on
<br />the Real Property. Trustor shall reimtrurse Lender for all taxes, as described below, together with all e�cpenses
<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 registehng this Deed of Trust.
<br />Taxes. The following shall constitute taxes to which this sect(on applies: (1) a 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 />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 specffic tax on all or any portion of the Indebtedness or on payments of principal and interest made by
<br />Trustor.
<br />Subsequent Taxes. If any tax to which this section applies is enacted subsequerrt to the date of this Deed of
<br />Trust, this event shall have the same effect as an Event of Default, and Lender �y exerdse any or all of its
<br />available remedl� for an Event of Default � provided below unless Trustor either (1) pays the tax before ft
<br />beoomes delinquent, or (2) contests the tau as provided above in the Taxes and Uens 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 />secu�ity agreement are a part of this Deed of Trust:
<br />Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property
<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 addition to recording this Deed of
<br />Trust in the real property records, Lender may, at any time and without further authorizaUon from Trustor, flle
<br />executed counterparts, copies or reproductions of this Deed of Trust as a flnancing statement. Trustor shall
<br />reimburse Lender for all expenses incurred (n perfecting or contlnuing this security interest. Upon default, Trustor
<br />shall not remove, sever or detach the Personal Property from the Properry. Upon default, Trustor shall assemble
<br />any Personal Properly not afflxed to the Property in a manner and at a place reasonably convenient to Tn.istor and
<br />Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the
<br />exte�t permitted by applicable law.
<br />Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which informatfon
<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 Assurances. At any time, and from tirne to tlme, upon request of Lender, Trustor will make, exea�te and
<br />deliver, or will ca� to be made, executed or del'rvered, to Lender or to Lender's designee, arid when requested by
<br />Ler�er, ca�e to be flled, reoorded, refiled, or rereoorded, as the case may be, at such tirr�es and in such offlces
<br />and plaoes as Lender may deem appropriate, any and all such mortgages, dceds of trust, security deeds, security
<br />agreements, flnanci� statements, oorrtinuation statements, instruments of further assuranoe, certiflcates, and
<br />othsr documerrts as may, in the sole opinion of Lender, be r�ary or desirable in order to effectuffie, complete,
<br />perfect, oorrtinue, or preserve (1) Trustor's obligations urtder the Note, this Deed of Trust, and the Related
<br />Documerrts, and (2) the liens arid securfty interests created by this Deed of Trust as first and prior liens on the
<br />Properly, whether now owned or hereafter aoquired by Trustor. Unless prohibited by law or Lender agrees to the
<br />contrary in writing, Trustor strail reimburse Lender for ail costs and exper�ses inwrred in oonnedion 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, Lender may do so
<br />for and in the name of Trustor and at Trustor's experise. For such purposes, Trustor hereby irrevocably appoints
<br />Lender as Trustor's attomey-in-fact for the purpose of making, executing, delivering, flflng, recordfng, 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 Indebtedne.ss, including without Iimitation all future advances, when due,
<br />and otherwise performs all the obligations imposed upon Trustor under this Deed of Trust, Lender shall execvte arid
<br />deliver to Trustee a request for full reconveyance and shall execute and deUver to Trustor su(table statements of
<br />termination of any flnancing statement on file evidencing Lender's securiry interest in the Rents and the Personal
<br />Property. Any reconveyance fee required by law shall be paid by Trustor, if permitted by applicable law.
<br />EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event 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. Trustor fails to comply with or to pertorm any other term, obligation, covenant or conditlon
<br />contained in this Deed of Trust or ln any of the Related Documents or to comply with or to perform any term,
<br />obligation, covenant or conditfon contained in any other agreement between Lender and Trustor.
<br />Compllance Default. Failure to comply with any other term, obligation, 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 time required by this Deed of Trust to make any payment
<br />for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any flen.
<br />Environmantal Default. Failure of any party to comply with or perform when due any term, obligatfon, covenant or
<br />condition contained in any environmental agreement executed in connection with the Property.
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