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� . <br />� ' ���. . . r �� � ' 9 <br />Loan No: 101252176 <br />DEED OF TRUST <br />(Continued) <br />20f2032��� <br />Page 5 <br />participation. <br />Application of Nat 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 all or any portion of the <br />net proceeds of the award be applied to the Indebtedness or the repafr or restoration of the Property. The net <br />proceeds of the eward shall mean the award after payment of all reasonable costs, expenses, end attorneys' fees <br />incurred by Trustee or Lender in connection with the condemnation. <br />IMPOSITION OF TAXES, FEES AND CHARQES BY GOVERIVMENTAL AUTHORITIES. The following provisions relating <br />to governmental taxes, fees and charges ere 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 />this Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lender's Ifen on <br />the Real Property. Trustor shall reimburse Lender for all taxes, es 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 shell constitute texes to which this section applies: (1) e 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 />Borrower which Borrower is euthorized or required to deduct from peyments on the Indebtedness secured by this <br />type of Deed of Trust; (3) a tax on this type of Deed of Trust chargeable egeinst the Lender or the holder of the <br />Note; and (4) a specific tax on all or any portion of the Indebtedness or on peyments of principal and interest <br />made by Borrower. <br />Subsequent Taxas. 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, end Lender may exercise any or all of ite <br />eveileble remedies for an Event of Defeult as provided below unless Trustor either (1) pays the tax before it <br />becomes delfnquent, 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 satisfactory to Lender. <br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions releting to this Deed of Trust as a <br />security agreement are a part of this Deed of Trust: <br />Security Agreement. This instrument shall constitute a Security Agreement to the extent eny of the Property <br />canstitutes 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 whetever ection 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 reproductions of this Deed of Trust as a financing stetement. Trustor shall <br />reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Trustor <br />shall not remove, sever or detach the Personal Property from the Property. Upon default, Trustor shall assemble <br />any Personal Property not effixed to the Property in a manner and at a place reasonably convenient to Trustor and <br />Lender and make it evailable to Lender within three (3) days after receipt of written demand from Lender to tha <br />extent permitted by applicable 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) ere es stated on the first page of this Deed of Trust. <br />FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisfons 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 time to time, upon request of Lender, Trustor will make, execute and <br />deliver, or will ceuse 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 rerecorded, as the case may be, at such times and in such offices <br />and places as Lender may deem eppropriate, any and ell such mortgages, deeds of trust, security deeds, security <br />agreements, financing statements, continuation statements, instruments of further assurance, certificatea, 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 (2) the liens and security interests created by this Deed of Trust as first and prior <br />liens on the Property, whether now owned or hereafter ecquired by Trustor. Unless prohibited by law or Lender <br />egrees 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 paregraph. <br />Attorney-in-Fact. If Trustor fails to do any of the things referred to in the preceding paregraph, Lender mey do so <br />for and in the neme 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, recording, and doing all <br />other things es 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 Borrower and Trustor pay all the Indebtedness when due, and Trustor otherwise performs all <br />