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<br /> • �z=28-1999 `,Z O O O O O O 1 �DEED O n edUST � � '' ' '' `�� Page 5
<br /> Loan No 765972 ( )
<br /> under the instruments evidencing such indebtedness,or any default under any security documents for such indebtedness.
<br /> Default. If the payment of any installment of p�incipal or any interest on the Existing Indebtedness is not made within the time required by the
<br /> note evidencing such indebtedness, or should a default occur under the instrument securing such indebtedness and not be cured during any
<br /> applicable grace period therein, then,at the option of Lender,the Indebtedness secured by this Deed of Trust shall become immediately due
<br /> and payable,and this Deed of Trust shall be in default.
<br /> No Modlflcetlon. Trustor shall not enter into any agreement with the holder of any mortgage,deed of trust,or other security agreement which
<br /> has priority over this Deed of Trust by which that agreement is modified,amended,extended,or renewed without the prior written consent of
<br /> Lender. Trustor shall neither request nor accept any future advances under any such security agreement without the prior written consent of
<br /> Lender.
<br /> CONOEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust.
<br /> Applicatlon of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or
<br /> purchase in lieu of condemnation,Lender may at its electlon require that all or any porrtion of the net proceeds of the award be applied to the
<br /> Indebtedness or the repair or restoratlon of the Property. The net proceeds of the award shall mean the award after payment of all reasonable
<br /> costs,expenses,and attorneys'fees incurred by Trustee or Lender in connection with the condemnation.
<br /> Prxeedings. If any proceeding in condemnation is flled,Trustor shall promptly noHfy Lender in writing,and Trustor shall promptly take such
<br /> steps as may be necessary to defend the actlon and obtain the award. Trustor may be the nominal party in such proceeding,but Lender shall
<br /> be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice,and Trustor will deliver or
<br /> cause to be delivered to Lender such instruments as may be requested by it from time to Hme to permit such participation.
<br /> IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relaHng to governmental taxes,
<br /> fees and charges are a part of this Deed of Trust:
<br /> Current Taxes,Fees and Charpes. Upon request by Lender,Trustor shall execute such documents in additlon to this Deed of Trust and take
<br /> whatever other acHon is requested by Lender to perfect and contlnue Lender's Ifen on the Resl Properiy. Trustor shall reimburse Lender for all
<br /> taxes, as described below, together with all expenses incurred in recording, perfectlng or contlnuing this Deed of Trust, including without
<br /> limitation all taxes,fees,documentary stamps,and other charges for recording or registering this Dsed of Trust.
<br /> Taxes. The following shall constltute taxes to which this sectlon appl(es: (a)a speciflc tex upon this type of Deed of Trust or upon sll or any
<br /> part of the Indebtedness secured by this Deed of Trust; (b)a speciflc tax on Trustor which Trustor is suthorized or requfred to deduct from
<br /> payments on the Indebtedness secured by this lype of Deed of Trust; (c)a tax on this type of Deed of Trust chargeable against the Lender or
<br /> the holder of the Note; and (d) a specific tax on all or any portion of the Indebtedness w on payments of principal and interest made by
<br /> Trustor.
<br /> Subsequent Taxes. If any tex to which this sect(on applies is enacted subsequent to the date of this Deed of Trust,this event shall have the
<br /> same effect as an Event of Default(as deflned below),and Lender may exercise any or all of its available remedies for an Event of Default as
<br /> provided below unless Trustor either (a)pays the tex before it becomes delinquent,or (b)contests the tax as provided above in the Taxes and
<br /> Liens section and deposits with Lender cash or a suificient corporate surety bond w other secu�iiy satisfactory to Lender.
<br /> SECURITY AGREEMENT;FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part of
<br /> this Deed of Trust.
<br /> Security Agreement. This instrumenf shall consHtute a security agreement to the extent any of the Property constitutes fi�ctures or other
<br /> personal property, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from Hme to
<br /> time.
<br /> Securlty Interest. Upon request by Lender,Trustor shall execute flnancing statements and take whatever other action is requested by Lender
<br /> to pertect and continue Lender's security interest in the Ren1s and Personal Property. In addition to recording this Deed of Trust in the real
<br /> property records,Lender may,at any tlme and without further authorizatlon from Trustor,flle executed counterparls,copies or reproductions of
<br /> this Deed of Trust as a financing statement. Trustor shall reimburse Lender for all expenses incurred in perfecting or continuing this security
<br /> interest. Upon default,Trustor shall assemble the Personal Property in a manner and at a place reasonably convenient to Trustor and Lender
<br /> and make it available to Lender within three(3)days after receipt of.written demand from Lender.
<br /> Addresses. The mailing addresses of Trustor(debtor) and Lender (secured pariy), from which infocmaUon concerning the security interest
<br /> granted by this Deed of Trust may be obtained(eech as required by the Uniform Commercial Code),are as stated on the first page of this Deed
<br /> of Trust.
<br /> FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions reladng to further assurances and attorney-in-fact are a part of this
<br /> Deed of Trust.
<br /> Further Assurances. At any Hme, and from tlme to time, upon request of Lender,Trustor will make,euecute and deliver, or will cause to be
<br /> made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be flled, recorded, refiled, or
<br /> rerecorded,as the case may be,at such tlmes and in such oifices and p�as Lender may deem eppropriste,any and all such mortgages,
<br /> deeds of trust,security deeds,security agreements,financing statements,continuatlon statements,tnstruments of further assurance,certificates,
<br /> and other documents as may, in the sole opinion of Lender, be necassary or deslrable in order to effectuate,complete, perfect,continue, or
<br /> preserve (a)the obliga6ons of Trustor under the Note,this Deed of Trust,and the Related Documents,and (b)the liens and security interests
<br /> created by this Deed of Trust on the Property,whether now owned or hereaRer acquired by Trustor. Unless prohibited by law or agreed to the
<br /> contrary by Lender in writing,Trustor shall reimburse Lender for aN costs and expenses incurred in connection with the matters referred to in
<br /> this paragraph.
<br /> Attorney-in-Fact. If Trustor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of
<br /> Trustor and at Trustor's expense. For such purposes,Trustor hereby irrevocably appoints Lender as Trustor's attorney--in-fact for the purpose
<br /> of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole opinion, to
<br /> accomplish the matters referred to in the preceding paragraph.
<br /> FULL PERFORMANCE. If Trustor pays all the Indebtedness,including without limitation all future advances,when due,and otherwise performs all
<br /> the obligations imposed upon Trustor under this Deed of Trust,LendeF shaN execute and deliver to Trustee e request for full reconveyance and shall
<br /> execute and deliver to Trustor suiteble statements of termination of any financing statement on flle evidencing Lender's security interest in the Rents
<br /> and the Personal Property. Any reconveyance fee required by law shaU be paid by Trustor,if permitted by applicable Iaw.
<br /> DEFAULT. Each of the following,at the option of Lender,shall constitute an event of default("Event of DefaulY�under this Desd of Trust:
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