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<br /> DEED �F TF�UST
<br /> Loan No: 35����997 �Contlnued� Page 4
<br /> ��NaEMNATI�N. The following pro�isions relating tv�ondemnativn proceedings are a part af this Deed of Trust:
<br /> Proceedings. If any prviceeding in condemnatian is filed, Trustor shall promptfy noti�y Lender in writing, and
<br /> Trustvr shall promptly take such steps as may �e necessary ta defend the action and obtain the award. Trustor
<br /> may be the nvminal party in such proceeding, but Lender shall be entitled tv participate in the praceeding and to be
<br /> represented in the proceeding by counse� of its own choice, and Trustor will deli�er or cause to be deli�e�ed ta
<br /> Lender such instruments and documentation as may be requested by Lender frvm time to time to permit such
<br /> . parti�ipation.
<br /> Application v#Net Proceeds. If all flr any part of the Property is condemned by eminent domain proceedings vr by
<br /> any praceeding or purchase in lieu of condemnation, Lender may at its election require that all �r any p�rt�vn of the
<br /> net praceeds o� the award be applied to the Indebtedn�ss or the repair or �estoratian o� the Property. The net
<br /> pr�c�eds of the award shall mean the award a�ter payment of all r�asonable costs, expenses, and attorneys' fees
<br /> incurred by Trustee or Lender in conne�tion with the condemnation.
<br /> IMP�SiTi�N �F TAXES, FEES AND CHARGES 6Y G�VERNMENTAL AUTH�RITIES. The fallowing pro�isions �eFating �
<br /> to go�ernmentai taxes, �ees and charges are a part o#this Deed of Trust:
<br /> Current Taxes, Fees and �harges. LJp�n request by Lender, Trustor shall execute such documents in addition to
<br /> this Deed of Trust and take wha�e�er other actian is requested by Lender to perfect and cvntinue Lender`s lien on
<br /> the Rea! Property. Trust�r shal! reimburse Lender for all taxes, as described helaw, together with al� expenses
<br /> incurred in recvrding, perfe�ting or �ontinuing this.Deed of Trust, including without lim�tation al1 taxes, fees,
<br /> documentary stamps, and other charges for recvrding or registering this Deed af Trust.
<br /> � Taxes. The �olfawing shall constitu�e taxes to which this section app�ies: �1 y a specific tax upon this type of
<br /> Deed of Trust vr upon a11 or any part o# the Ind�btedness secured by this Deed vf Trust; t2� a specifi� tax on
<br /> Trustvr which Trustor is authorized or required to deduct from payments an the Indebtedness secured by this type ,
<br /> vf Deed of Trust; t3� a tax on this type of Deed vf Trust chargeable against�he Lender vr the holder�f the Nvte;
<br /> and �4y a spe�ific tax on all ar any portion af the Indebtedness vr an payments o� principal and interest mad� by
<br /> Trustor. � �
<br /> Subsequent Taxes. Cf any tax to which this section applies is enac�ed subs�quent to the date vf this Deed vf
<br /> Trust, this ��ent shall ha�e the same ef�ect as an E��nt of Defau�t, and Lender may exercise any ❑r all of its
<br /> a�ailable remedies for an E�en� of Default as pro��ded below unless Trustor either �1 y pays the tax before it
<br /> becomes delinquent,�or �2� cvntests the tax as pro�ided abv�e in the Taxes and Liens section and deposits with
<br /> Lender cash or a sufficient corparate surety bond ar ather security satisfactory to Lender.
<br /> SECURITY AGREEMENT; F[NANCING STATEMENTS. Ths following pro�isions relating ta this Deed of Trust as a
<br /> security agreement are a part of this Deed of Trust:
<br /> � Security Agreement. This instrument sha�! constitute a Security Agreement to the extent any of the Property
<br /> constitutes fixtures, and Lender shall ha�e ali of the rights of a secured party under the Uniform Commerciai Cvde
<br /> as amend�d �rom time to time.
<br /> Security Interest. Upon request by Lender, Trustor sha�l take whate�er action is requested by L�nde� to perfect
<br /> and cantinue Lender's se�urity interest in the Rents and Personal Property. In addition tv recvrding this [�eed of
<br /> � Trust in the real property records, Lender may, at any time and without further authorization from Trustor, file
<br /> � ex�cuted c�unterparts, copies or reproductions of this Deed of Trust as a financing statem�nt. Trustor shali
<br /> reimburse Lender fvr all expenses incurred in perfecting ar continuing this security interest. �pon default, Trustvr
<br /> shall nat remo�e, se�er or detach the Pers�na� Property from the PropEr�y. Upan defau�t, Trustor shall assemble �
<br /> any Persvnal Property nat affixed to the Property in a manner and at a pEace reasanably con�enient tv Trustar and
<br /> Lender and make it a�ailable tv Lender within three f3y days after receipt o� written demand from Lender to the
<br /> extent permitted by applicable law. ,
<br /> Addr�ss�s. The mailing addresses of Trustor �debtorj and Lender �secured party} from whEch information
<br /> conc�rning the security inter�st granted by this Deed af Trust may be ❑btained {each as required by the LJniform
<br /> Commercial Codef are as stated❑n the first page�f this Deed of Trust.
<br /> FURTHER ASSURANCES; ATT�RNEY-�N-FACT. The �allowing pro�isions relating to #ur�her assuran�es and
<br /> attorney-in-fact are a part v�this Deed of Trust:
<br /> . Further Assuranc�s. At any time, and from time to time, upan request of Lender, Trustor wii� make, execute and
<br /> deli�er, vr wi�l cause t� be made, executed or defi�ered, to Lender or tv 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 vffices
<br /> and places as Lender may deem appropriate, any and al� such mortgag�s, deeds of trust, security deeds, securi�y
<br /> agreements, financing statements, cantinuation statements, instruments of further assurance, certificat�s, and
<br /> other d�cum�nts as may, in the sole opinion of Lender, be necessary ar desirabl� in order to effectuate, c�mplete,
<br /> per�ect, continue, ar preser�e �1 y Trustvr's vbligatians under the Note, this ❑eed vf Trust, and the Related
<br /> ❑o�uments, and �2� the liens and security interests �reated by this Deed of Trust as fiirst and prior liens on the
<br /> Praperty, whether now owned or hereafter acquired by Trustor. Unless prahibited by law or Lender agrees to the
<br /> cvntrary in writing, Trustvr shall reimburse Lender for all costs and expenses incurred in connecti�n with the
<br /> matters referred to in this paragraph.
<br /> Attorney-in-Fact. �f Trust�r faifs to dv any ❑f the things �eferred ta in the preceding paragraph, Lender may do so
<br /> #or and in the name of Trustor and at Trustor's expense. For such purposes, Trustor hereby irre�vcably appo�nts
<br /> - Lender as Trus�or's attorney-in-fact for the purpose of making, executing, deli�ering,.filing, recording, and daing a!I
<br /> other things as may t�e ne�es$ary or desirable, in Lender's sale opinion, to accomplish the mat�ers referr�d to in
<br /> the preceding paragraph. �
<br /> � FULL PERFD�tMANCE. If Trustar pays all the Indebtedness, includfng withaut l�mitation a!I future ad�ances, when du�,
<br /> and atherwise perfarms all the obligations imposed upon Trustor under this.Deed of Trust, Lender shall execute and
<br /> deli�er to Trustee a request for full recon�eyan�e and shall execute and deli�er to Trustor suitable statements of
<br /> termination ot any financing statement on fiie e�idencing Lender's se�urity interest in the Rents and the Personal �
<br /> Pr�per�y. Any recon�eyance fee �equired by law shall be paid by Trustar, if permitted by applicable law.
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