|
_ ._... _ ___.._ - w _..._
<br /> 07/27/2015
<br /> 7.3.A. - Page 38
<br /> Section 4.3. Trustor's Authoritv
<br /> Trustor hereby represents and warrants that there is not now pending against or affecting
<br /> Trustor, nor to the knowledge of Trustor is there threatened, any action, suit, or proceeding that
<br /> if adversely determined, would materially impair or affect the financial condition or operations of
<br /> Trustor or the ability of Trustor to maintain the Improvements. Trustor further represents and
<br /> warrants that the execution and delivery by Trustor of this Deed of Trust, the Note and the Loan
<br /> Agreement have been duly authorized by all requisite action on the part of Trustor, that each
<br /> such document, when executed and delivered to Beneficiary will constitute a valid obligation,
<br /> enforceable in accordance with its terms, and that the execution thereof and Trustor's
<br /> perFormance thereunder shall not violate any provision or instrument to which Trustor is a party.
<br /> ARTICLE V
<br /> AGREEMENTS AFFECTING THE PROJECT; FURTHER
<br /> ASSURANCES; PAYMENT OF THE AGENCY SHARE
<br /> Section 5.1. Other Aareements Affectina Proqertv
<br /> The Trustor shall duly and punctually perForm all terms, covenants, conditions and agreements
<br /> binding upon it under the Note or any other agreement of any nature whatsoever now or
<br /> hereafter involving or affecting the Property or any part thereof, including without limitation the
<br /> Loan Agreement.
<br /> Section 5.2. Further Assurances: After Acauired Propertv
<br /> At any time, and from time to time, upon request by the Beneficiary, the Trustor shall make,
<br /> execute and deliver, or cause to be made, executed and delivered, to the Beneficiary and,
<br /> where appropriate, cause to be recorded and/or filed, and from time to time thereafter to be re-
<br /> recorded and/or refiled, at such time and in such places as shall be deemed desirable by the
<br /> Beneficiary, any further deeds of trust, security agreements, financing statements respecting
<br /> personal property, instruments of further assurance, certificates and other documents as may, in
<br /> the opinion of the Beneficiary, be necessary or desirable in order to effectuate, complete or
<br /> perfect, or to continue and preserve, (a) the obligations of the Trustor under this Deed of Trust,
<br /> and (b) the lien of this Deed of Trust as a lien prior to all liens except those obligations which
<br /> shall be senior obligations pursuant to the provisions of this Deed of Trust. Upon any failure by
<br /> the Trustor to do so, the Beneficiary may make, execute, record, file, re-record and/or refile any
<br /> and all such deeds of trust, security agreements, instruments, certificates and documents for
<br /> and in the name of the Trustor, and the Trustor hereby irrevocably appoints the Beneficiary the
<br /> agent and attorney-in-fact of the Trustor to do so. The lien hereof shall automatically attach,
<br /> without further act, to all after-acquired property deemed to be part of the Security as defined
<br /> herein.
<br /> Section 5.3. Aqreement to Pav Attornev's Fees and Expenses
<br /> In the event of an Event of Default hereunder, and if the Beneficiary should employ attorneys or
<br /> incur other expenses for the collection of amounts due or the enforcement of performance or
<br /> observance of an obligation or agreement on the part of the Trustor in this Deed of Trust, the
<br /> Trustor agrees that it will, on demand thereof, pay to the Beneficiary the reasonable fees of
<br /> such attorneys and such other reasonable expenses so incurred by the Beneficiary; and any
<br /> such amounts paid by the Beneficiary shall, be added to the indebtedness secured by the lien of
<br /> OAK#4852-3988-7653 v1
<br /> ATTY/RES0.3085/CC RESO RWC FIRE SAFETY FIRST PILO?PROGRAM ATTACHMENT B-4 DEED OF TRUST
<br /> REV:07-22-15 VR
<br /> Page 7 of 19
<br /> 32 RESO.#15428
<br /> MUFF#705
<br />
|