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DEED OF TRUST 2 012 01 � 0 4
<br />Loan No: 1012'49434 � (Continued) Page 5
<br />Proceedings. If eny proceeding in condemnetion ia filed, Trustor shall promptly notify Lender in writing, and
<br />Trustor shall promptly teke such steps as may be necessary to defend the action and obtain the award. Trustor
<br />mey be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be
<br />represented in the proceeding by counsel of its own chofce, and Trustor will deliver or cause to be delivered to
<br />Lender such instruments and documentetion es may be requested by Lender from time to time to permit such
<br />participation.
<br />Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by
<br />any proceeding or purchese in lieu of condemnation, Lender may at its election require that all or any portion of the
<br />net proceeds of the eward be applied to the Indebtedness or the repair or restoration of the Property. The net
<br />proceeds of the award shall mean the awerd after payment of all reasonable costs, expenses, and attorneys' fees
<br />incurred by Trustee or Lender in connection with the condemnation.
<br />IMPOSITION OF TAXES, FEES AND CHARQES BY GOVERNMENTAL AUTHORITIES. The following provisions relating
<br />to governmental taxes, fees and charges are e part of thia Deed of Trust:
<br />Current Taxes, Fees and Cherges. Upon requast by Lender, Trustor shell execute such documents 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 ell taxes, as described below, together with all expenses
<br />incurred in recording, perfecting or continuing this Deed of Trust, including without limitetion all taxes, fees,
<br />documentary stamps, and other charges for recording or registering this Deed of Trust.
<br />Taxes. The fotlowing shall constltute taxes to which this section 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 speciHc tax on
<br />Trustor which Trustor is authorized or required to deduct from peyments on the Indebtedness secured by this type
<br />of Deed of Trust; (3) e tax on this type of Deed of Trust chergeable egeinst 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 ot principal end interest made by
<br />Trustor.
<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 en Event of Default, and Lender may exercise any or ell of its
<br />available remedies for an Event of Default as provided below unlesa Trustor either (1) pays the tax before it
<br />becomes delinquent, or (2) contests the tex as provided above in the Taxes and Liens section and deposits with
<br />Lender cash or a sufficient corporate surety bond or other security setisfactory to Lender.
<br />SECURITY AGREEMENT; FINANCINCi STATEMENTS. The following provisions relating to this Deed of Trust as e
<br />security 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 teke 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, et any time and without further authorization from Trustor, file
<br />executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Trustor shall
<br />reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon defeult, Trustor
<br />shall not remove, sever or detach the Personal Property from the Property. Upon default, Trustor shell assemble
<br />any Personal Property not effixed to the Properry fn a manner and at a plece reasonably convenient to Trustor end
<br />Lender and make it aveileble to Lender within three (3) deys after receipt of written demand from Lender to the
<br />eMent permitted by appliceble lew.
<br />Addresses. The mailing addresses of Trustor (debtor) end 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 Code) are es stated on the first page of this Deed of Trust. .-.
<br />FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provfsions relating to further essurances and
<br />attorney-in-fact are e part of this Deed of Trust:
<br />Further Assurances. At any time, and from time to time, upon request of Lender, Trustor will meke, 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, ceuse to be filed, recorded, refiled, or rerecorded, es the cese may be, et such times end in such offices
<br />end pleces as Lender may deem eppropriete, eny end ell auch mortgeges, deeds of trust, security deeds, security
<br />agreements, finencing statements, continuetion atatements, instruments of further assurance, certificates, and
<br />other documents as may, (n the sole opinion of Lender, be necessery or desirabie in order to effectuete, complete,
<br />perfect, continue, or preserve (1) Trustor's obligations under the Note, this Deed of Trust, and the Related
<br />Documents, and (2) the liens end security interests created by this Deed of Trust as first and prior liens on the
<br />Property, whether now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender egrees to the
<br />contrery in writing, Trustor shall reimburse Lender for all costs and expenses 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, Lender may do so
<br />for end in the neme of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints
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