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201301591 <br /> DEED OF TRUST <br /> Loan No: 101261779 (Continued) Page 5 <br /> • <br /> • <br /> • <br /> or any default under any security documents for such Indebtedness, <br /> No Mod',lotrtIon. Trustor shell not enter Into any agreement with the holder of any mortgage, dead 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 qt Lender, Truator ehali neither request nor <br /> accept any future advances under any such security agreemarlt 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 flied, Trustor shell promptly notify Lender In writing, end <br /> Trustor shall promptly take ouch steps es may be necessary to defend the action and obtain the award. Truster <br /> may be the nominal party in such proceeding,abut Lender shall be entitled to participate in the proceeding and to be <br /> represented in the proceeding by counsel of its own choice, and Truster will deliver or cause to be delivered to <br /> Lender Such Instruments end 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 latter payment of all reasonebiu costs, expenses, and attorneys' tees <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 Dead of Trust; <br /> Current Taxes, Fees and Charges, Upon request by Lender, Truster shall execute such documents in addition to <br /> this Deed of Trust and take whatever other action is requested by Lender to perfect end continuo Lender's lien on <br /> the Real Property. Truster 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; 12) 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 Dead of Trust; (3) a tax on this type of Deed of Trust chargeable against the Lander or the holder of the <br /> Note; and (4) 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 peed of <br /> Trust, this event shall have the same effect sa 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 Truster either (1) pays the tax before it <br /> becomes delinquent, or (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 following provisions relating to this Deed of Trust as a <br /> security agreement are a pert 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 cf 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, Truster 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 euthorixation from Trustor, file <br /> executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Truster shall <br /> reimburse Lender,for all expenses incurred in perfecting or continuing this security interest Upon default, Truster <br /> shall not remove, sever er detach the Personal Property from the Property. Upon default, Truator shall assemble <br /> any Personal Property not affixed to the Property in a manner end at a place reasonably convenient to Truster and <br /> Lender and make it available to Lender within three 13)•days after receipt of written demand from Lender to the <br /> extent permitted by applicable law, • <br /> Addresses. The mailing addresses of Truster (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 Coda) are as•stated on the first page of.this Deed of Trust. • : . <br /> FURTHER ASSURANCES; ATTORNEY-IN-FACT The following provi ions relating to further assurances and <br /> attorney-in-fact are a part pf this Deed of.Trust: •1 • . <br /> Further Assurances. 'At any time, and from time.to time, upon request of Lender, Truster 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 flied, recorded, reified, or rerecorded, as the case may be at such times and in such offices <br /> and places as Lender may deem.approprlate,' any end all Ouch mortgages, deeds of trust, security deeds, security <br /> agreements, financing statements, cantinuetion statements, Instruments of further assurance, certificates, and <br /> other documents as may, in the sole opinionFof Lender, be necessary or desirable In order to effectuate, complete, <br /> • <br /> • <br /> • <br />