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��14�3��9 <br /> DEEa DF TRUST <br /> �C�ntirluedj Page 4 <br /> Appii�a#ion of Ne# Proceeds. If all or any part of the Property is c�ndemned by eminent dvmain proce�d�ngs ar by <br /> any proceeding ar purchase in lieu o�condemnativn, Lender may at its�lection requir�that all or any portion of the <br /> net proce�ds vf the award he applied t❑ the �ndebtedness �r the repair or restorativn ❑f the Property. The n�t <br /> proceeds af the award shail mean th� award after payment of all reasvnabf� costs, expenses, and attvrn�ys' fees <br /> incur��d hy Trustee or Lender in�vnnectian with the condemnation. <br /> lNiP�51Tl�N aF TAXES. FEES AND CHARGES BY G�VERNNiENTAL AUTHORlTlES. The fai{aw�ng prv�isions relating <br /> to go��rnmenta�taxes, te�s and charges are a part of this Deed of Trust: <br /> Current Taxes, Fees and Charges. Upvn request by Lender, Trust�r shall execute such documents in addition t� <br /> this ❑eed vf Trust and take whate�er other act�on �s requested by Lender to per�ect and cvntinue Lender's �ien an <br /> the Real Property. Trustor shall reimburse Lender for a[I taxes. as d�scribed belvw, together with all expenses <br /> incurred in re�ording, perfe�ting or continuing this ❑eed of Trust, inc�uding withaut iimitation a�I taxes, fees, <br /> dacumentary stamps, and other charges for r�cording ar registering this Deed ❑f Trust. <br /> Taxes. The �viivwing shal! canstitute taxes t❑ which this sectivn applies: �1� a spe�i#i� tax upon this type �f <br /> Deed of Trust vr upon all vr any part of the Indebtedness secur�d hy this Deed vf Trust; �Z� a sp�c�#ic tax an <br /> Borrower which Bvrrow�r is authvrized �r required t❑ deduct trom payments vn the lndebtedness secured hy this <br /> type vf Deed vf Trust; �3� a tax on �his type vf Deed af Trust chargeable against the Lender ar the holder of the <br /> Note; and {4� a speci�ic tax an all or any portivn of the fndebtedness ❑r �n payments of principa� and interest <br /> mads by Barrawer. <br /> Suhsequgnt Taxes. If any tax to which #his s�ctivn applies is enacted subsequ�nt to the date vf this ❑eed a� <br /> Trust, this e�ent shall ha�e the same e#fect as an E�ent af ❑efiault, and Lender may exercise any or aEl ❑f its <br /> a�aifable remedies fvr an E�en# of ❑efauit as pro�ided belvw unless Trustor eith�r ��� pays the tax befare it <br /> becomes d��inquent, ❑r ��y �on�ests the tax as pro�ided abv�e in the Tax�s and Li�ns s�ctEon and deposits with <br /> Lender cash or a sufficient cvrporate surety bond ar vther security satisfactory to Lender. <br /> SECURITY AGREEMENT; FINANClNG STATEMENTS. The following pro�isians rela�ing ta this Deed �f Trust as a <br /> security agreement are a part of this ❑eed of Trust: <br /> Secu�ity Agreement. This instrument shall constitute a Se�urity Agreement t❑ th� extent any of the Prop�rty <br /> cvnstitutes fixtures, and Lender shali ha�e akl of the rights ❑# a se�ur�d pa�ty under the Unito�m Commercial Cod� <br /> as amended from time t❑time. <br /> Security Interest. Upvn request by Lender, Trustor shalf take whate�er action is requested by Lender to perfect <br /> and continue Lender's security interest in the Rents and Personal Property. �n addition to recvrding �his �eed af <br /> Trust in the real prvperty records, Lender may, at any time and withaut fu�ther authorization from Trustor, file <br /> executed counterparts, capies vr reprodu�tivns of this Deed of Trust as a �inanc�ng statement. Trustvr shall <br /> re�mburse Lend�r fvr alf expenses incurred in perfectin� vr continuing this security interest. �pon de�auit, Trustor <br /> sha�� not rem��e. se�er or detach th� Persana� Property fram the Property. Upon defauft, Trustvr shali assemble <br /> any Personal Property nat a��ixed to the Pr�p�rty in a manner and at a place reasonab�y can�enient to Trusto� and <br /> Lender and mak� it a�ailable to Lender within thr�e {3l days after re�eip� vf writ#en demand frvm Lender tv the <br /> extent permitted by applicable law. <br /> Addresses. The mailing addresses of Trustvr tde�tor� and Lender {secured party� from wh��h informat�on <br /> concerning the secu�ity interest granted by this Deed af Trust may be obtained teach as required by the LJniform <br /> Commercial Code� are as stated on the first page af this Deed ❑f Trust. <br /> FURTHER ASSURANCES; ATT�RNEY-lN-FACT. The following pro�isions relating tv further assuran�es and <br /> attorney-in-fact are a part af th�s Deed vf Trust: <br /> Further Assuran�es. At any�ime, and from time to t�m�, upon request of Lender, Trustor wi{f make, execute and <br /> defi�er, flr wit[ cause to �e made, executed �r deli�ered, to Lender or t� Lender's designe�. and when requested by <br /> Lender, cause tv be filed, recvrded, r�filed, or re�ecorded, as the �ase may be, at such t�mes and in such offices <br /> and piaces as Lender may deem apprvprEate, any and all such mortgages, deeds vf trust, security deeds, security <br /> agreements, financing sta�em�n�ts, cvntinuation statements, instruments ❑f turther assurance, certifica#es, and <br /> other dvcuments as may, in the svie opinion of Lender, be necessary❑r desirable �n ❑rder to effectuate, �amplete, <br /> perfect, cantinue. vr preser�e t 1 y Borrvwer's and Trustor's ohligations und�r the Nate, this ❑eed ❑f Trust, and <br /> the Re�ated Documents, and �Zy #he liens and secu�ity interests �reated �y this Deed �f Trust as first and prior <br /> liens on th� Praperty, whethe�- nvw owned ❑r hereatter acquired by Trustor. Un1�ss prvhibited by law or Lender <br /> agrees to #he cvntrary �n writing, Trustvr shall reimburse Lender for al[ costs and expenses incurred in c�nne�t�vn <br /> with the matters referred to in this paragraph. <br /> Attorney-in-Fact. !f Trustor fails tv do any of the things re#erred �a in the pr�ceding paragraph, Lender may dv so <br /> fvr and in the name o�Trustor and at Trustvr's expense, Fvr such purposes, Trustor hereby irre�vcably appoin#s <br /> Lender as Trustor's attvrney-in-fact#vr the purpose o�making, executing, d��i�ering, filing, re�ording, and doing a�l <br /> other things as may be necessary or desirable, in Lender's sale opinion, to accnmpi�sh the matters referred to in <br /> the preceding paragraph. <br /> FULL PERFORMANCE. lf Bvrrower and T�ustvr pay all the Indebtedness, including without limitation a�t future <br /> ad�ances, when due, and Trustor vtherwise psrforms all the vbiigat�vns impased upon Trustar under this Deed vf Trust, <br /> L�nder shali execute and deli�er to Trustee a reques� for fui! recvn�eyanc� and shall execute and deli�er ta Trust�r <br /> suitah�e statemsnts of termination of any financing statement on file e�idencing Lender's security int�rest in the Rents <br /> and the Persona� Property. Any recon�eyan�e fee required by law sha!! be paid by Trustor, �f permitted by appli�able <br /> law. <br /> EVENTS �F DEFAIJLT. Each of the �vilvwEng, at Lender's ❑ption, shall constitute an E�ent of Default under this Deed <br /> of Trust: <br /> Paymen#Default. Borrvr►ver fails to make any payment when due under the Indebtedness. <br /> ❑ther Defaults, 6�rrower or Trust�r f�ils to camply with �r tv p�rfarm any vther term, vbiigation, co�enant ar <br /> cvndition contained in this Deed vf Trust or ':n any of the Related Do�um�nts vr to camply with or to perfvrm any <br /> term, vh�igativn, cv�enant❑r c�ndition contained in any❑ther agreement betw�en Lender and Borrower or Trustor. <br /> Compiiance Defauit. Fai[ure tv �omply with any other term, o�ligatian, co�enant or cvndition cvntained in th�s <br /> Deed o#Trust, the Note or in any of the Related Dvcuments. <br /> Defauit vn�the�Payments. Fai�ure of Trustor w�thin th�tim� required by this Deed �f Trust to make any payment <br /> far taxes vr insurance, or any❑#her payment necessary#o pre�ent filing of ar tv effect discharge ❑f any lien. <br /> Fa�se 5tatements. Any warranty, representatian or statement mad� ar furnished to Lender �y Borrower or Trustvr <br /> or on Borrower's or Trustor's �ehalf under this Deed ❑f Trust ❑r the R�lated Dacuments is false or misleading in <br /> any materia� respect, either naw or a# the time made ❑r furnished ❑r becomes �afse or misleading at any time <br /> therea�ter. <br /> De#ecti�e Co��ateraliiativn. This Deed af Trust ar any vf the Related Dvcuments ceases tv b� in full force and <br /> effe�t {including failure afi any collateral document to create a �alid and p�rtected security interest or li�ny at any <br /> time and for any reasan. <br />