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201300026 <br /> DEED OF TRUST <br /> Loan No:81002105 (Continued) Page 4 <br /> Existing Lien. The lien of this Deed of Trust securing the Indebtedness may be secondary and inferior to an <br /> existing lien. Trustor expressly covenants and agrees to pay,or see to the payment of,the Existing Indebtedness <br /> and to prevent any default on such indebtedness,any default under the instruments evidencing such indebtedness, <br /> or any default under any security documents for such indebtedness. <br /> No Modification. Trustor shall not enter into any agreement with the holder of any mortgage,deed of trust, or <br /> other security agreement which has priority over this Deed of Trust by which that agreement is modified, <br /> amended, extended, or renewed without the prior written consent of Lender. Trustor shall neither request nor <br /> accept any future advances under any such security agreement without the prior written consent of Lender. <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, and <br /> Trustor shall promptly take such steps as may be necessary to defend the action and obtain the award. Trustor <br /> may 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 choice, and Trustor will deliver or cause to be delivered to <br /> Lender such instruments and documentation as 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 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 repair or restoration of the Property. The net <br /> proceeds of the award shall mean the award 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 charges are 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 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: (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 specific tax on <br /> Borrower which Borrower is authorized or required to deduct from payments on the Indebtedness secured by this <br /> type of Deed of Trust; (31 a tax on this type of Deed of Trust chargeable against the Lender or the holder of the <br /> Note; and (41 a specific tax on all or any portion 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,or (21 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 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 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 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 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 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 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 after receipt of written demand from Lender to the <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)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 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 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 /> and places as Lender may deem appropriate,any and all such mortgages,deeds of trust,security deeds,security <br /> agreements, financing statements, continuation statements, instruments of further assurance, certificates, 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 on the Property, <br /> whether now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in <br /> writing,Trustor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred <br /> 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,recording,and doing all <br /> other things as 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 /> the obligations imposed upon Trustor under this Deed of Trust,Lender shall execute and deliver to Trustee a request for <br /> full reconveyance and shall execute and deliver to Trustor suitable statements of termination of any financing statement <br /> on file evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by <br /> law shall be paid by Trustor,if permitted by applicable law. <br /> EVENTS OF DEFAULT. Each of the 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 Indebtedness. <br />