��14�4131
<br /> DEEC3 C3F TRUST
<br /> �Corltirlued} Page 5
<br /> Appli�atian a#Net Pracesds. If a11 ❑r any part of the Property is �andemned by eminent domain proceedings or by
<br /> any proceeding ar purchase in lieu of condemnati�n, Lender may at its election require that all or any portion flf the
<br /> net proceeds of the award be applied to the Indeh�edness ❑r �the repair or res�ora�ion ❑f the Prflperty. The ne�
<br /> praceeds ofi �he award shall mean the award after paymen� of all reasonable cas�s, expenses, and attarneys' fees
<br /> incurred by Trustee or Lender in cannection w�th the c�ndemnation.
<br /> IMP�SITI�N �F TAXES, FEES AND CHARGES BY G�VERNMENTAL AUTH�RITIES. The �F�Ilawing pro�isions re�ating
<br /> to gv�ernmentaf taxes, fees and charges are a part of�his Deed of Trusf:
<br /> Current Taxes, Fees and Charges. Upan request by Lender, Trustar shall ex�cute such documents in add�tion to
<br /> this ❑eed �f Trust and take whate�er o�her action is requested by Lender to perfe�t and continue Lender's lien on
<br /> the Real Prvperty. Trustor shall reimburse Lender for a�� taxes, as descrihed below, together with al� expenses
<br /> �ncurred in recording, perfec�ing or con�inuing th�s Deed o� Trust, including without limitation a!� taxes, fees,
<br /> documentary s�amps, and ather Gharges for recarding or registering this Deed �f Trust.
<br /> Taxes. The fallowing shall constitute taxes ta which this section applies: t'�3 a specific tax upon this �ype ❑f
<br /> Deed of Trust or upan ail or any part of the lndebtedness secured by this �eed of Trust; {�� a spe�ific tax ❑n
<br /> Trustor which Trustor is authnrized or r�quired to deduct #rom payments an the Indebtedness secured by �his type
<br /> ❑f Deed of Trust; �3y a tax on this type of C]eed af Trust chargeab�e against the Lender ar the holder❑�the Credit
<br /> Agreement; and �4� a specific tax on al1 or any partion a# the lndebtedness or an payments af principa� and
<br /> interest made by Trustor.
<br /> Subsequent Taxes. !f any tax to which this sec�ian app[ies is enacted subs�quent t❑ the date ❑f this �eed �f
<br /> Trust, �his e��nt shall ha�e the same efifie�t as an E�ent of Default, and Lender may exer�ise any ar a�l o� i�s
<br /> a�ai�ab�e remedies for an E�enC af ❑efau�t as pra��ded below unless Trustor eithe� t 1} pays the tax before i�
<br /> becomes delinquent, ❑r ��� c�ntests the tax as p���ided a�o�e in the Taxes and Liens section and deposits with
<br /> Lender cash ❑r a sufficient carporate surety band or other security satisfactory t� Lender.
<br /> SECURITY AGREEMENT; FINANC�NG STATEMENTS. The follow�ng pra�isions relating to this Deed af Trust as a
<br /> security agreement are a part of�his Deed of Trust:
<br /> 5ecurity Agreement. This instrument sha11 consti�ute a Security Agreement to the extent any ❑f the Prtiperty
<br /> cansti�utes fixtures, and Lender shall ha�e all a�the righ�s o� a secured party under the Uniform Commercial Code
<br /> as amended from time to time.
<br /> 5ecuri#y Interes#, Upan request by Lender, Trustar sha�# take whate�er action is requested by Lender ta perfe�t
<br /> and �an�inue Lender's security interest in the Persona� Prnper�y. In addition to re�ording this ❑eed o�Trust in the
<br /> real praperty records, Lend�r may, at any time and without further authvrization fram Trust�r, file execut�d
<br /> caunterparts, cvpies or reproductians of this Deed of Trust as a financing statement. Trustor shali re€mburse
<br /> Lender for all expenses in�urred in per�ectin� or continuing this security in�erest. lJpvn de�ault, Trustor shall not
<br /> remo�e, se�er or detach the Personal Property fram the Proper�y. Upon default, T�ustor shall assemble any
<br /> Persona! Pr�perty not affiixed to the Property in a manner and at a place reasonably con�enient �a Trustar and
<br /> Lender and make it a�aslable �a Lender within thre� t3� days after receipt of written demand �rom Lender ta the
<br /> exten�permitted by applicable law.
<br /> Addresses. The mailing addresses vf Trustor �debtor� and Lender �s�cured partyy fram which infflrmation
<br /> concerning the security interest granted 1ay this ❑eed of Trus� may be ab�ained �each as required by the Uni�orm
<br /> Commercia� Code} are as stated on the first page of this Deed of Trus�.
<br /> FURTHER ASSURANCES; ATTORNEY-IN-FACT. The followin� pr��isions relating t� fiurther assurances and
<br /> attorn�y-in-fact are a part of�his Deed a�Trust:
<br /> Further Assurances. At any time, and from time t❑ t€me, upon request af Lender, Trustar will make, execute and
<br /> deli�er, or wi�� cause to �� made, executed or de�€�ered, t❑ Lender or to Lender's designee, and when requested by
<br /> Lender, cause �o be �i1ed, recorded, �efiled, ❑r rerecorded, as the cas� may be, at such times and in su�h o�fices
<br /> and places as Lender may deem appropr�ate, any and all such mortgages, deeds ❑f trust, security deeds, security
<br /> agreements, financ�ng sta�ements, continuativn statements, instruments of �urther assurance, cert�fi�ates, and
<br /> ❑ther documen�s as may, in the saie opin�on of Lender, be necessary�r desirable in arder �o effiectuate, complete,
<br /> perfect, continue, or p�eser�e {�) Trustar's ❑bligati�ns under the Credit Agreement, this Deed o�Trust, and the
<br /> f�elated aocuments, and �2y �he liens and security interes�s created �y this Deed ❑f Trust fln the Property,
<br /> whether now awned ❑r h�r�after a�quired �y Trustar. Unless prohibited by law or Lender agrees tv the cantrary in
<br /> writing, Trustor s�all reimburse Lender far all cvsts and expenses incurred in connectian w�th the mat�ers re�erred
<br /> to in this paragraph.
<br /> A#to�ney�in-Fact. If Trustar fiails to do any ❑f the �hings referred to in the preceding paragraph, Len�ler may do s❑
<br /> �flr and in the name of Trustor and at Trus�or's expense. For such purp�ses, Trustor he�eby irre�ocably appoints
<br /> Lender as Trustor's attarney-in-fa�t for the purpase af making, executing, de�i�ering, filing, recording, and doing af(
<br /> other things as may be necessary or desi�able, in Lender's sole opinion, tfl accompl'€sh the matters referred to �n
<br /> the preceding paragraph,
<br /> FULL PERF�RMANCE. �f Trustor pays all �he Indebtedness wh�n due, terminates the credi��ine a�count, and otherwise
<br /> per#orms all the abliga�ions imposed upan Trustor under this []eed afi Trust, Lender shall execuxe and deli�er to Trustee
<br /> a reques� for full recon�eyance and shall execut� and deli�er tv Trustor suitahle statements a# termina�ion flf any
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