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� 201109745
<br /> DEED OF TRUST
<br /> Loan No: 810282 (C011tfnUOd) Page 4
<br /> any proceeding or purchase in lieu of condemnation,Lender may at its election require that all or any portion of the
<br /> net proceetls of the award be applied to the Indebtedness or the repair ot restoration of the Property. 7he net
<br /> proceeds of the award shall mean the award after payment of all reasonable cos2s,expenses,and attorneys'fees
<br /> incurred by Trustee or Lender in connection with the condemnation.
<br /> IMPOSITION OF TAXES,FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relaTing
<br /> to governmental taxes,fees and charges are a part of this Deed of Trust:
<br /> Current Tazes,Fees and Charges. Upon request oy Lender,Trustor shall execute such documenis in addition to
<br /> this Deed of Trust and take whatever other action is requested by Lender to perfect and continue 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 registering this Deed of Trust.
<br /> Taxes. The following shall constitute taxes to which this section applies: (11 a specific tax upon tfiis type of
<br /> Deed of Trust or upon all or any part of the Inde6tedness secured by this Deed of Trust; (2) a specific tax on
<br /> Borrower which Borrower is authorized or required to deduct from payments on the Indebtedness secured by this
<br /> type or Deed of Trust; (3) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the
<br /> Note; and f4) a specific tax on all or any porcion of the Indebtedness or on payments of principal and interest
<br /> made by Borrower.
<br /> Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of
<br /> Trust, this event shall have the same effect as an Event of Default, and Lender 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,Qr (2) contests the tax as provided above in the Taxes 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 foilowiog provisions relating to this Deed of Trust as a
<br /> security agreement are a part of this Deed of Trust:
<br /> Security Agreement. This instrument shafl constitute a Security Agreement to the extent any of the °roperty
<br /> constitutes fiztares,and Lender shall have ali of the rights of a secured party under the Uniform Commerclal 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 perfect
<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 authorization from Trustor,file
<br /> executed counterparts, copies or rep�oductions of this Deed of Trust as a financing statement Trustor shall
<br /> reimburse Lender for all expe�ses incurred in perfecting or continuing this security interest.-Upon default,Trusior
<br /> shall not remove,sever or detach the Personal Property from tlie Property. Upon default,Trustor shall assemble
<br /> any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Trustor and
<br /> Lender and make it available to Lender within three [3) days aher receipt of written demand from Lender to the
<br /> extent permitted by applicable law.
<br /> Addresses. The mailing addresses of Trustor (tlebmr} and Lender (secured party) from which information
<br /> conceming 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 tfiis Deed of Trust:
<br /> Further Assurances. At any time,and from time to time,upon request of Lender,Trustor will make,execute and
<br /> deliver,or will cause 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 rerecordad,as the case may be,at such times and in such offices
<br /> and places as Lender may deem appropria�te., any and all such mortgages,deeds oF trust,security deeds,security
<br /> agreements, financing statements, continuation statements, instruments of further assurance, cerfrficates, and
<br /> other documents as may,in the sole opinion of Lender,be necessary or desirable in order to effectuate,complete,
<br /> perfect,continue,or preserve (1) Borrower's and Trustor's obligations under the Note,this Deed of Trust, and
<br /> the Related Documents,and [21 the liens and security interests created by this Deed of Trust as first and prior
<br /> liens on the Property,whether now owrted or hereafter acquired by Trustor. Unless prohi5ited by law or Lender
<br /> agrees to the contrary in writing,Trustor shall reimburse Lender for all costs and expenses incurred in connection
<br /> with the matters referred to in this paragraph.
<br /> Attorney-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 expense. For such purposes,Trustor hereby irrevocably appoints.
<br /> Lender as Trustor's attorney-in-fact for the purpose of making,executing,delivering,filing,reco�ding,and doing all
<br /> other things as may be necessary or desirable,in Lender's sole opinion,to accomptish 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�eed of Trust.
<br /> Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to Trustor
<br /> suitable siatements of terminaYion of any financing statement on file evidencing 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 tfi.e following,at Lender's option,shall constitute an Event of Default under this Deed
<br /> of Trust:
<br /> Payment Default. Borrower fails to make any payment when due under the Indehtedness.
<br /> Other Defaults. Borrowet or Trustor fails to comply with or to perform any other term, obligation;covenant or
<br /> condition contained in this Deed of Trust or in a�y of the Related Documents or to comply with or to perfiorm any
<br /> . term,obiigation,covenant or condition�contained in any other agreement between Lender and Borrower or Trustor.
<br /> Compliance 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 malce any payment
<br /> for taxes or insurance,or any other payment necessary to preveni filing of or to effect discharge ofi any lien.
<br /> Default in Favor of Third Parties. Should Borrower or eny Grantor default under any loan, exTension of credit.
<br /> security agreement,purchase or sales agreement,or any other agreement,in favor of any other creditor or person
<br /> that may materially affect any ofi BorrowePs or any Grantor's property or Borrower's 2bility to repay the
<br /> Indebtedness or Borrower's or Grantor's ability to perform their respective obligations under this Deed of Trust or
<br /> any of the Related Documents. �
<br /> False Statements. Any warranty,representation or statement made or furnished to Lender by Borrower or Trustor
<br /> or on Borrower's or Trustor's behalf under this Deed of Trust or the Related Documents is false or misleading in
<br /> any material respect, either now or at the time made or furnished or becomes false or misleading at any time
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