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' 201403362
<br /> ' DEED OF T�.U�T
<br /> (Continued�, Page 4
<br /> nef proceeds'of the awartl be appiied'to the Indebtedness or the repaie or restoraiion c�f the Property. 7he net'
<br /> proceeds of the award shal{mean the``award after payment of all reasonakale ccasts, expenses, and attorneys' fees'
<br /> ineurred by Trustee or Lender in connection with the condemnation.
<br /> ttdriPt}�iTION OF'fAXES, F�S AND CHARGES BY GOVERN�El�NTAL AUTHORITIES. The following provisions relating
<br /> to governmental taxes,fees and charges are a part of tMis Deed of Trust:
<br /> Current Taxes, Fees and Charges. Upon request by Lender, Trustor shall execute sueh documents in addition to
<br /> this'Deed of Trust and take whatever other aCtion is requested by Lender to p�rfect and continue Lender's lien on '
<br /> the Reai Properky. Trustor shall reimburse Lender for`all taxes, as described t�elow, together with all expenses '
<br /> incutred in recordin�; perfecting or continuing this Deed of Trust, including without limitation>�all taxes, fees, '
<br /> documenfary''stamps,'',and other eharges for reeording or registering this beed of Trust.
<br /> Taxes. The following sha�l constitute taxes to which #his seetion applies: (9),' a specific tax upon this`;type caf'
<br /> Deed of Trust or upon all or any part lof the Indebtedness secured by this Deed of Trust; (2) a specific tax on'
<br /> Trustor which 7rustor is authorized or�equired#o deduet from payments'on tne fndebted�ess seeured by this type,'
<br /> of Deed of Trust; (3)' a#ax on this type af Deed of Trusi chargeable against the``Lender or the holder af the Note; '
<br /> and ;,(4) a specific tax on alf or any portion af''the Indebtedness or on payments'of prineipai and interest made by,'
<br /> TruStor.
<br /> Subsequent Taxes. ff any tax to which this section appfies is enacted subsequent ta the date of tnis Deed of'
<br /> Trust, this event shall have the same effect as an Ewent c�f Default, antl Lender may exercise,any or all of its'
<br /> availabie remedies for an Event af befault as'provided below'unless 7rustor eifher (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 witn
<br /> Lender eash or a sufficient corporate surety bond or other security satisfactory to Lender.
<br /> SECURITY AGREEB�+��NT; 'FINANCING STATEMENTS. The' following provisions relating to this Deed of Trust as a'
<br /> securify agreement are a part ofi this Qeed of Trust:���'�
<br /> Security Agreement. ' 7his instrume�t shall constitute'a Security Agreement to the extent any of the Property
<br /> constitutes fixtures, and Lender shall have alt o�f the rights of�'�secured'�party under the Uniform CommerGial Code`�`
<br /> as amendetl f�om time to time;
<br /> Security Interest. Upon request by Lentler, Trustar shail take whatever action is requested by Lender to'perfect'
<br /> and continue'Lender's security interest in the Personal'I�mperty'. In adciition to recording'fhis Deed of Trust in the '
<br /> real 'property' records, Lender may, at any time and;without further authorization from Trustor, file executed '
<br /> counterparts;'copies 'br reproducfions'of this 'IIeed of'Trust as � financing statement. ' Trustor shall reimburse'
<br /> Lender for alf expenses incurred in perfecting or continuing this'securiYy interest. Upon default, Trustor shall not'
<br /> remove, sever or detach the'Personal Prape�ty from the Property. Upon default, Trustor shall assemble any'
<br /> Personal Property not affixed'to tMe Property`in a manner and'at a plaee reasonably �onvenient to 7rustor and '
<br /> Lender and make it available to Lender within`4hree (3) days after recejipt of written demand from Lender to the '
<br /> extent permitted by applicable7aw.
<br /> Address�s, 'The maiiing addresses of Trustar (debtor) artd'l�ender,'(secured party) fr4m which information '
<br /> concerning the seCurity interest granted by this Deed of Trust may be obtained`(each as,required by the'llniform '
<br /> Gommereial Code)are as stated on the'first page of this'Deed qf'Trust. '
<br /> EUI2THEFt� ASSURAHCES; A7TORNEY[N-FACL ���� The fo[[ovring ����provisions relating to further ��ssurances and'�
<br /> attorney-,in-fact are a part of this Deed of Trust:
<br /> Further Assurances. At any time, and from time fo time, upon'request of Lender,Tnastor will make, execute and
<br /> deliver,or wil►cause to be made,executed or defivered; to Lender or to Lender's designee,and when requested by'
<br /> Lender, cause to be filed, recorded, r�led, or rerecorded, as the case may be,at such times and in such ofFices�`
<br /> and'places as Lender'may d�em appropriate, any and all such mortgages, deeds af trust; seeurity deeds,'security'
<br /> agreements, financing statements, continuation statements, instruments of further assurance, certificates, and'
<br /> othe�documents as may, in tne sole dpinion of Lender; be necessary or'desirable in order ta effectuate,complete,
<br /> pertect, continue, or,'preserve ('E) Trustor's obligatians under the Note, this Deed of Trust,,and the'Related'
<br /> Documents,'and (2} , the liens and security i�terests created by fhis Deed of Trust an the Proper'ky,whether ncaw'
<br /> owned or heFeafter acquired 'by Trus�or. Uniess prohibited by law or'Lender agrees tb the cantrary (n'writfng,','
<br /> Trustor shall Ireimburse Lender for al1 costs and expenses incurred in connection with the ma�ters referred to in this''
<br /> 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 af Trustor and at Trustar's e�ense. For such purposes, Trustor he�eby irrevocably appoints'
<br /> Lender as Trus#ar's attorney-in-faet for tYre 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 accompfish the matters referred to in'
<br /> the preceding paragraph.
<br /> FUIL PERFORMANCE. If Trustar pays all the Indebtedness when due, and otherwise performs all the obf,igations
<br /> imposed 'upon 7rustor under this' beed af 7rust,'' Lender'shall execute and deliver to Trustee a''request'foe full '
<br /> reconveyance and shall execute and deliver'to Trustor suitable statements of termination of any financing statement on''
<br /> file evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by law
<br /> shall be paid by Trustor, if permitted by applicable law.
<br /> EVENTS OF DEFAULT. At Lender's optian, Trustor will be'in default under this C�ed of Trust if any,of the following,'
<br /> happen: ``
<br /> Payment Default. Trustor fails to make any payment when due under the Indebtedness. `
<br /> Break Other�Promises. Truator breaks any promise made to l.e�der or�fails to perform promptly�'�at the time and'�
<br /> strictfy in the��'maoner���provitled'�in this[3eed of Trust or iri any ag�eement related td this Deed of Trust,
<br /> Compliance Default. 'Failure to comply with �ny other teerrr, obligation, covenant or condition eantained in this '
<br /> Deed of Trust,the�lote ar in any of the Related Documents.
<br /> Default on Other Payments. Failure of ITrustor within the time required by this Deed of Trust to make any payment '
<br /> for taxes or insuranee, or any,other payment necessary,to prevent filing of or to effect discharge of any[ien'.
<br /> Default in Fayor of Third Rarties. Shauld Grantor defau]t under,any foan, extension of credit, security agreement,
<br /> purchase or safes agreement,;,or any other agreement,in favor of any other creditor or person that may materially '
<br /> affect any of Grantor's property or Grantor's ability to repay,ihe Indebtedness or Grantor's ability to 'perform
<br /> Grantor's obligations under this Deed of Trust or any of'the Related Documents. '
<br /> False Statements. Any representation'or statement made or furnished to Lender',I�y Trustor or on'Trustae's behalf'
<br /> unde�this Deed of Trust or the Related Documents is false or misleading in any material�espect,'either naw or at '
<br /> the tirne made or furnished,
<br /> Defective Collateralization. This [3eed of Trust or any of the Relatsd Documents ceases to be li❑ full fo�ce and
<br /> effect (including failure of any collaterar docurrrent to create a valid and,'perfected security interest or lien) at any,'
<br /> time and for any reason,
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