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2� 15�8445
<br /> DEED �F TRU�T
<br /> �Contirtued� Page 4
<br /> Lender such instruments and dvcumentation as may be requested by Lender fr�m time tv �ime tQ perm�t such
<br /> part�cipation.
<br /> Applica�ivn v�Ne� Pro�eeds. I�f al€ vr any part of the Property is c�ndemned by emin�n�domain pra�eedings ar by
<br /> any proceeding or purchase in lieu of candemnation, Lender may at its election require that all or any partian of the
<br /> net pro�eeds of �th� award �� applied to �he Indebtedness ar th� repa�r or restoration af �he Proper�y. The net
<br /> proceeds vf the award shall mean the awa�d aft�r paymen�v�F ali reasonahle costs, expenses, and attvrneys' �ees
<br /> incurred by Trustee�r Lender in cannec�ion with the condemnation.
<br /> IMP�SiT��N DF TAXES. FEES AND CHARGES BY G�VERNMENTAL AUTHQRIT�ES� The �ollowing pro�isians relating
<br /> ta ga�ernmen�al�axes, fees and �harges are a part of this Deed of Trus�:
<br /> Current Tax�s, Fees and Charges. l�pon requ�st by Lender, Trustvr shal! execute such dacuments in addition ta
<br /> this Deed ❑�Trust and tak� whate��r�ther actian is request�d by Lender to p�rfect and continue Lender's lien vn
<br /> the Real Praperty. Trustar shall reimburse Lender f�r afl taxes, as described below, together w��h all expenses
<br /> incurred in recording, perfe�ting or cantinuing this Deed vf Trust, includ�ng without 1imi�ation all taxes, #ees,
<br /> documentary s�tamps, and o�her charges for recording or regis�ering this Deed vfi Trust.
<br /> Taxes. The following shall Gonstitu�e tax�s t� whi�h this section appf i�s; �1} a spe�ific tax upon this type of
<br /> Deed af Trust or up�n all ar any �art of the lndebtedness secured by this Deed of Trust; {2� a sp�cF�fi� tax vn
<br /> Trus�kar which Trustar �s authorized vr required to deduct from payments on the Inde�tedness s��ured by this type
<br /> of Deed vf Trust; �3f a tax on this type vf De�d of Trust chargeable against th� Lender v�the hvlder ofi the Note;
<br /> and �4} a speGi�ric tax on all vr any portian of the Indel�tedness or an payments of prin�ipa� and interest mad� �y
<br /> Trustar.
<br /> Subsequen# Taxes. I� any tax to which this section app�i�s is enac�ed subsequent t� the dafie ot this �eed vf
<br /> Trus�, this event shall ha�e the same effect as an E�ent of Default, and Lender may exercise any or a�! of its
<br /> a�ailabl� remedies fvr an E�ent of Default as pra�ided belovv un�ess Trustvr either �7� pays the tax befvre i�
<br /> be�vmes delinquen�, or �2} cvntests �he tax as pro�ided aba�e in the Taxes and Liens section and deposits uvith
<br /> Lender cash or a suff�cient�arparate sure�y bond or other seGur�ty sa�isfactary to Lender.
<br /> SECURfTY ►4GREEMENT: FINANCING STATEMENTS. The fallowing pro�ision� relating �a this D�ed of Trust as a
<br /> securifiy agreemen�ar�a part v�th�s Deed a�Trust:
<br /> Security Agreement. This instrum�nt shafl consti�u�ke a S�curity Agreemen� to the extent any of the Praper�y
<br /> constifiutes fix�ures, and Lender shail ha�e all of�he rights �f a secur�d par�y under�he Unifiorm Commercial �ode
<br /> as amended from�im�ta time.
<br /> 5ecurity In�terest. Up�n request hy Lender, T�ustar shall take whate�er activn is requested by Lender to perfect
<br /> and cvntinue Lender's secur�ty �nterest in the Rents and P�rsvnal Prvperty. In addition to recarding �his Deed o�F
<br /> Trust in the rea� praper�y records, Lender may, at any time and withaut further authorization frvm Trustor, fi�le
<br /> executed coun�erparts, cv�ies ar reproduc�ions of this Deed of Trust as a finanGing statem�nt. Trustor shai!
<br /> reimburse Lender far all exp�nses in�urred in perfiecting ar cantinuin� this security interest. L1pan defauffi, Trustor
<br /> shalf nat rema�e, se�er ar detach fihe Personal Property from �he Prvper�y. Upon defauit, Trustor shaff a�semb�e
<br /> any Personai Praperty n�� affix�d tQ th� Property in a manner and at a pface r�asvna�ly ��n�enient to Trustor and
<br /> Lender and make i� a�ailable t❑ Lender within fihree �3f days after receipt o� written demand from Lender to the
<br /> exten�permitted by applicable law.
<br /> Add��sses. The mailing add��sses of Trustvr �debtar� and Lender �secured party} fram which information
<br /> concerning the security �nterest granted by th�s CJ�ed of Trust may be abtained {each as requir�d by the Uniform
<br /> �ammercial Cvdef are as stated an the�irst page of this Deed o�F Trusfi.
<br /> FURTHER ASSURANCES; ATTQRIVEY-1N�FAGT. The following pro�isivns r�iating ta further assurances and
<br /> at�arney-�n-fac�are a part v#this Deed of Trust:
<br /> Further Assurances. At any time, and #ram time tQ time, upon request ❑� Lender, Trustor will mal�e, exe�ute and
<br /> deli�er, vr wiff�ause to be made, executed or deli�ered,ta Lender or to Lender's d�signee, and when requested by
<br /> Lender, cause to b� filed, recorded, refiled, or rerecarded, as the �ase may be, at such times and in such affic�s
<br /> and piaces as L�nder may de�m appropriate, any and all suGh mortgages, de�ds of trus�, security deeds, securi�y
<br /> agre�men�ts, financing s�atements, �vntinuation statemen�s, instrum�nts of #urther assurance, certi�ica�es, and
<br /> other documen�s as may, in the sole apinian ❑f Lend�r, be necessary ar desirable in order to effec�ua�e, cvmplete,
<br /> p�r�ect, continu�, or p�es�r�e ��� Trustor's obli�ations und�r the Note, th�s ❑eed a� Trust, and �he Re�at�d
<br /> C]ocuments, and ��� �he liens and security interests created by this Deed of Trust as f�rst and p�-ior liens on the
<br /> Praperty, whe�her naw owned or hereafter acquired by Trustar. Un�ess prvhi�ited hy law ❑r Lender agrees to �he
<br /> contrary in writing, Trustor shall reimburse Lender for all cas�s and expenses incurred in �annection with fihe
<br /> matters referred to in thi� paragraph,
<br /> A�nrn�y-in-Fac�. If Trus�vr fails to dv any of the thing� re#�erred to in the prec�ding paragraph, Lender may dv sv
<br /> fflr and in the name of Trustor and at Trustor's �xpense. For such purposes, Trustar hereby irre�ocab[y appoints
<br /> Lender as Trustor's at'�vrney-in-fact for the purpvse o�F inaking, executing, deii�ering, �iling, record�n�, and daing alf
<br /> other things a� may be necessary vr d�sirable, in Lender's svle opinivn, to accamplish the matters referred ta in
<br /> the preceding paragraph.
<br /> FULL PERFQRMANCE. �� Trustor pays all the fndebtedness when due, and otherwise perfvrms ail the a�i�gativns
<br /> imposed upon Trustor under �his Deed �f Trust, L�nd�r shall execute and deli�er to Trus�ee a requesfi fo� full
<br /> recon��yance and shall execute and deli�er to Trustar suitable sta�err�ents of termina�tian vf any financing stat�ment vn
<br /> file e�idencing Lender's s�curity inte��st in the Rents and the Persana! Property. Any recon�eyance fee required by !aw
<br /> shall be paid by Trustor, if permi�ted by app�icabi� law.
<br /> EVENTS �F DEFA�LT. Each o��he follawing, at Lender's aptivn, shall Gons�i�ute an E�ent o# Qefault under�this []eed
<br /> o#Trust:
<br /> Payr�ent Defau�t. Trustar�ails�v make any payment when due under�he Indef�tedness.
<br /> �ther ❑efaufts. Trustor fails ta c�mply wi�h �r t� per�arm any other term, abligat�on, �a�enant ar cvndition
<br /> contained �n this D�ed vf Trust or in any o� the Related Documents vr ta comply with or to p�rf�rm any t�rm,
<br /> obligation, ca�enant or cvndition�ontained �n any other agreement hetwe�n Lender and Trustor.
<br /> Comp�iance Defauft, Failure to Gomply wi�h any other term, �bligation, co�enant or Gandition contain�d in this
<br /> D�ed afi Trust, th� Nv�e or in any of the Related Do�uments.
<br /> De�aui�on��kher Payments. Failure of Trustor uvi�hin the time required by�his ❑eed of T�ust to make any payment
<br /> #or taxes or insurance, or any ather payment necessary to pre�ent filing of vr tv effect discharge o#any lien.
<br /> ❑efault in Fa�vr of Th��rd Parties. Should Grantor d�faul# under any ��an, extension �� credit, security agre�ment,
<br /> purchase or sales agr��ment, vr any �the�r agreement, �n �a�or a�any other credi�vr o� persan that may materially
<br /> affect any �f Grantor's property or Grantor's abifity to repay the lndeb�edness or Grantor"s a�ility to perform
<br /> Grantvr's vbl�gations und�r this Deed a#Trust vr any of the Related dvcuments.
<br /> Fals� 5tatements. Any warran�y, repres�ntatian or stat�ment made or furnished to L�nder by Trustor or vn
<br /> Trus�or's �eha�f under th�s Deed v�Trust or fihe Related Documents is false or misleading in any material respect,
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