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Loan No: 101257432 D E Con nued) � O �' 2 0 � o �� Page 5 <br />CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust: <br />Proceedings. If any proceeding in condemnation is filed, Trustor shall promptly notify Lender in writing, end <br />Trustor shell promptly teke such steps as may be necessary to defend the action and obtain the award. Trustor <br />may be the nominal party (n such proceeding, but Lender shell be entitted to perticipete in the proceeding end to be <br />represented in the proceeding by counsel of its own choice, and Trustor will deliver or ceuse to be delivered to <br />Lender such instruments end documentation as mey be requested by Lender from time to time to permit such <br />participation. <br />Appltcation of Net Proceeds. If al� or any part of the Property is condemned by eminent domain proceedings or by <br />any proceeding or purchase in lieu of condemnetion, Lender may at its election require thet ell or eny portion of the <br />net proceeds of the awerd be applied to the Indebtedness or the repeir or restoration of the Property. The net <br />proceeds of the award shall mean the eward 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 CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating <br />to governmental taxes, fees and cherges are a part of this Deed of Trust: <br />Current Taxes, Fees end Charges. Upon request by Lender, Trustor shalt execute such documents in additfon 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 shell 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 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 />Trustor which Trustor is authorized or required to deduct from payments on the Indebtedness secured by this type <br />of Deed of Trust; (3) e tax on this type of Deed of Trust chargeable against the Lender or the holder of the Note; <br />end (4) a speciflc tax on all or any portion of the Indebtedness or on payments of principal and interest made by <br />Trustor. <br />Subsequent Ta�ces. If eny tax to which this section applies is enacted subsequent to the date of this Deed of <br />Trust, this event shall heve the same effect as an Event of Default, and Lender mey exercise any or all of its <br />availeble remedies for en Event of Defeult es provided below unless Trustor either (1) pays the tex before it <br />becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section end 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 />security agreement are a part of this Deed of Trust: <br />Security Agreement. This instrument shall constitute e 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 whetever 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 end without further euthorization from Trustor, tile <br />executed counterperts, copies or reproductions of this Deed of Trust es e financing statement. Trustor shell <br />reimbu�se 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 Personel Property not affixed to the Property in e manner and at a plece reasonably convenient to Trustor and <br />Lender and make it available to Lender within three (3) days after receipt of wrltten demand from Lender to the <br />extent permitted by appUceble law. <br />Addresses. The mafling addresses of Trustor (debtor) and Lender (secured perty) from which informetion <br />concerning the security interest granted by this Deed of Trust may be obtained (each as required by the Uniform <br />Commercial Code) are es steted on the first page of this Deed of Trust. <br />FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurences and <br />attorney-in-fact are a part of this Deed of Trust: <br />Further Assurances. At eny time, and from time to time, upon request of Lender, Trustor will meke, execute end <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 rerecorded, as the case may be, at such times and in such offices <br />end pleces as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security <br />agreements, financing statements, continuation stetements, instruments of further essurance, certificates, and <br />other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuete, complete, <br />perfect, continue, or preserve (1) Trustor's obligations under the Note, this Deed of Trust, and the Releted <br />Documents, and (2) the liens and 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 />contrary in writing, Trustor shall reimburse Lender for all costs end expenses incurred in connection with the <br />matters referred to in this paregraph. <br />