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2� 15�7793 <br /> DEED �F TRUST <br /> 4Continued� Pag� 4 <br /> this Deed of Trust shall survi�e the execution and deli�e�ry o�this ❑eed of Trust, shall be �vntinuing �n natu�e, and <br /> shafi remain in full farce and ef#e�t unti�such#ime as Bvrrvwer's Indebtedness shall be paid in full. <br /> C�NDEMNATI�N. The following pro►►isions relating to condemnation proc�ed�ngs are a part of this Deed o#Trust: <br /> Proceedings. If any proceeding in condemnation is filed, Trustar shall promptly notify Lender in writing, and <br /> Trustor shall promptly take such steps as may be necessary to defend the actian and obtain the award. Trustor <br /> may be#he nominal pa�ty in such pro�eeding, but Lende�shall be entitled t❑participate in the proceeding and to be <br /> represented in the pro�eeding by caunsel of its ❑wn choice� and Trus#�r will deli�e�r o� �ause to be deli�ered to <br /> L�nder such instruments and documentation as may be requested by Lender from time tv time tn permit such <br /> participativn. <br /> Applicativn of Net Pro�eeds. If all or any part of ths Property is candemned by eminent domain proceedings or by <br /> any proceeding ar purchase in lieu of condemnat�on, Lender may at its electivn require that all or any portion of the <br /> n�t pr�ceeds of the award be appli�d �o the I ndehtedness or the repair �r restaration of the P�vp�r�y. Th� net <br /> prviceeds ❑f the award sha11 mean the award after payment�f all reasonable costs� expenses, and attorneys' fees <br /> incurrsd by Trustee❑r Lender in connection with the cvndemnat�on. <br /> IMP�SlT1�N DF TA�ES. FEES AND CHARGES 8Y G�VERNMENTAL AUTHORITIES. The �ollowing pro�isions refating <br /> t�ga�ernmental taxes, fees and charges are a part vf this Deed of Trust: <br /> Current Taxes. Fees end Charges. Up�n request hy Lender, Trustor shall execute su�h documents in addi#ion t❑ <br /> this D�ed of Trust and tak� what��er ather action is requested by Lender�a perfect and cvntinue Lender's lien❑n <br /> the Real Prvperty. Trustvr shall reimburse Lender for all taxes, as des�ribed below, together with all expenses <br /> incurred in recording, perfecting or continuing this De�d of Trust, including without limitation al# �axes, fees, <br /> dacum�ntary stamps, and o#h�r charges for recarding or registering this ❑eed of Trust. <br /> Taxes. The #vllowing shall canstitute taxes to which this section applies: �1 f a specific tax upon this typ� of <br /> Deed of Trust or upon a�� or any part vf the #ndehtedness secured by this Deed of Trust; �Z} a specifi� tax on <br /> Barrower which gorrowe� is authvri�ed vr required to d�duct from payments on �he Indehtedness secured by this <br /> type of ❑eed of Trust; �3f a tax on this type of ❑eed of Trust�hargeable against#he Lender or the ho�der af the <br /> Nate; and �4� a spe�ific tax on all or any portivn of the �ndebtedness or ❑n payments of principai and inter�st <br /> made by Barrower. <br /> Subsequent Taxes. If any tax tv wh�ch this section applies is enacted subsequent to the date of this Deed v# <br /> Trust, this e�ent shall ha�� the same effect as an E�ent af Default, and Lender may exercise any ❑r all of i�s <br /> a�ailable remed�es for an E�ent vf Defau�t as pro►►ided below unless Trustvr either �1 j pays the tax befvre i� <br /> becomes delinquent, ❑r �2� cvn#es#s the tax as pro�ided aba�e in the Taxes and Liens section and deposits with <br /> LendQr cash or a sufficient cvrpvrate surety bond vr ather security satis�actory to Lender. <br /> SECURITY AGREEMENT: FINANCING STATEMENTS. The following pro�is�vns re�ating #o this Deed af Trust as a <br /> security ag�eemsnt are a part of this ❑eed of Trust: <br /> Security Agreement. Th�s instrument sha�l cvnstitute a Security Agr�ement tv the extent any of the Property <br /> constitut�s fixtures, and Lender shall ha�e a11 of the rights�f a secured party under the Uniform Commercial Code <br /> as amended fram time to�ims. <br /> 5ecurity Interest. Upon request by Lender, Trustor shall take whate�sr activn +s requested by Lender to perfect <br /> and cantinue Lender's security interest in the Rents and P�rsanal Property. In addition tv recording �his Deed of <br /> Trust in the real prvperty records, Lend�r may, at any time and without further authflrizat�on from Trustor, file <br /> executed counterparts, copies vr repraductivns of this Deed of Trust as a financing statement. Trustor shall <br /> reimburse Lender far all expenses incurred in perfecting �r continuing this security interest. Upon default, T�ustor <br /> shall not remo�e, se�er or detach the Pe�svnal Property from the Property. Upon default, Trustar shall assemble <br /> any Pe�sonal Property not affixed tv the Property in a manner and at a place reasanably con�enient to Trustvr and <br /> Lender and make it a�ailable to Lender within thcee �3} days after receipt of written demand fr�m Lender tv the <br /> extent permitted by appii�able law. <br /> Addrasses. The mailing addresses of Trustor �debtor� and Lender �secured partyy from which �n#ormation <br /> concerning the se�urity int�rest granted by this ❑eed o# Trust may be abtained {each as required by the lJniform <br /> Commerc+a� Godey are as stated vn the f�rst page af this Deed of Trust. <br /> FURTHER A55URANCES: ATT�RNEY-IN-FACT. The #ollowing pro�isions relating to further assurances and <br /> att�rney-in-fact are a part vf this❑eed of Trust: <br /> Further Assurances. At any time, and from time to time, upon request of Lender, Trustor will make, execute and <br /> deli�er�or will cause tv be made,executed or deli�ered, to Lender or to Lender's designee� and when requested by <br /> Lender, cause t❑ be fifed, recorded, refiled, ar rerecarded, as the case may be, at such times and in such offices <br /> and pla�es as Lend�r may deem apprvpriate, any and all such mortgages, deeds of trust, security deeds, security <br /> agreements� financing statsments� cvntinuat�vn statements, instruments of further assurance, cert�ficates, and <br /> vther documents as may, in the sol��pinion of Lender, h� necessary ar desirable in arder ta effectuate, camplet�, <br /> p�rfect, cont�nue, or preser�e �1 y Bvrrower's and Trustar's abligatians under the Nvte, this Deed of Trust, and <br /> the Re�ated ❑acuments, and �2} the liens and security interests created by this De�d of Trust as first and prior <br /> liens on the P�vperty, whether now owned or herea#ter acquirsd by Trustar. Unl�ss prvhibited by law or Lender <br /> agrees t�the contrary in writing, Trustor shall reimburse Lender for all costs and expenses in�urred in connectivn <br /> with the matters referred to�n this pa�agraph. <br /> Attvrnay-in-Fact. If Trustvr fails to da any of th�things referred ta 3n the preceding paragraph, Lender may dv so <br /> far and in the name of Trustvr and at Trustor's expense. For su�h purposes, Trustor herehy irre�ocably appaints <br /> Lender as Trust�r's attorney-in-fact for the purp�se af making, exe�uting, deli�ering, filing. rec�rding, and dving all <br /> other things as may be n�cessary o� desirable, in L�nder's svle opini�n, to accomplish the matters referred tv �n <br /> the preceding paragraph. <br /> FULL PERF�RMANCE. If Bar�ower and Trustor pay a�l the Indebtedness. including without limitati�n all future <br /> ad�ances� when due, and Trustor�th�rwise perfarms all the vbf�gations imposed upon Trus�or under this Deed❑#Trust, <br /> Lender shall execu#e and deli�er #o Trustee a request for full recvn►►eyance and shalf execute and deli►►er tv Trustor <br /> suitabie statements of terminativn of any fiinancing statement on file e�idenc�ng Lender's security interest in the Rents <br /> and the Personal P�operty. Any r�con�eyance fee required by law shall be paid by Trustor, i� permi##ed �y applicable <br /> law. <br /> EVENTS �F DEFAULT. Each of the following, at L�nder's option, shall canstitute an E�ent af Default under�his Deed <br /> of Trust: <br /> Peyment Default. Borrvwsr fails to make any payment when due under th��ndeb#gdness. <br /> �thsr Defaults. Borrower vr Trustor fails to comply with or to perform any ath�r term, abligation, co�enant or <br /> conditivn c�ntained �n this Deed o#T�ust or in any of the Related Documents ar to �omply with or to perform any <br /> term, obligation, co�enant❑r condition contained in any other agreement between Lender and Bv�rvwer�r Trustor. <br /> Complience Default. Failure ta cvmply with any other terrrt, obiigetian, co�enant or cvnditivn contained in this <br /> ❑eed o�Trust, ths Note or in any of the Related ❑ocuments. <br />