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2� 1 ���351 <br /> �]��� C�� TRUST <br /> ���17t1n11�C�} Page 4 <br /> in�urred by Trustee vr Lender in connectian with the candemnation. <br /> iMP�51T��N �F TAXES, FEES AND CHARGES BY Q�VERNMENTAL Al3THaRlTIES. The fol�owing pro�isivns relating <br /> to gv�ernmenta�taxes, #ess and cha�ges are a part af#his Deed of Trust: <br /> Current Taxes. Fees and �harges. Llpon request by Lender. Trustor shalL execute such documents �n add�tion to <br /> this Deed a�Trust and teke whate�er other�ctinn is request�d hy Lender to perfec�and cantinue Lender's lisn on <br /> #he Real Praperty. Trustor sha�E reimhurse Lender #ar all t�xea, as descrihed be�ow, together with all expenses <br /> incurred in recording, perf�ecting ar cantinuing this Deed of Trust, inc�uding without limitation a11 taxes, fees, <br /> documentary stamps, and other charges for reco�d�ng vr registering this Deed a�Trust. <br /> T�xes. The fo�lowing shel� canstitute taxes ta wh�ch this section applies: (1� a spe�ific tax upan this type of <br /> beed a�Trust or upan a!I or any part v�the Indebtedness secured by this �eed of Trust; {2} a specific tax vn <br /> Borrowec which Barrower is auth�rized or required to deduct from p�yments an the lndebtedness secured by this <br /> type o#Deed of Trust; �3� a tax on this type of Deed of trua#ch�rgeahle ageinst tli� Lender��the holdec�f the <br /> Note; and =4� a specif�c t�x on all or any pnrti�n a# �he Indebtedness or on payments af principal and interest <br /> made by Borrower. <br /> Subsequent Taxes. If any tax ta which th�s secti�n appliss is enacted subsequent to the date v# this Deed of <br /> Trust. this e�ent shail ha�e the same effect as an Event o# Default, and Lender may axercise any or all ❑f its <br /> a�ailable remedies for an E�ent o� ❑efault as pro�ided be�ow un�ess Trustar either t�� pays the �ax be�nre it <br /> becomes delinquent� ar ��� cantests the tax as pro��ded abo�e in the Taxes and Liens section and deposits with <br /> Lender cash or a sufficient corpora#e surety b�nd or other securi�y sa#is�actary to Lender. <br /> SECURiTY AGREEMENT; �IIVAN�ING STATEMENTS. The #o!lowing pra�isions relating to this ased af Trust as a <br /> se�urity agr��ment are a part of this Deed o#Trust: <br /> 5ecurity Agreement. This instrument shall canstitute a Security Agreemen# #o the extent �ny vf the Prope�ty <br /> �onstitutes fixtures, and Lender shall ha�e a!�of the rights❑f a secured party under the Uniform Commer�ial Code <br /> as amended from time ta#ime. <br /> Security Interest. Upon request by Lender, Trustor sha1� teke whate�er actian is requested by Lender t❑ perfect <br /> and cantinue Lender's security interest in #he Rents �nd Persvn�! Prape�ty. In additivn to recording this Deed af <br /> Trust in the reaf property records, Lender may, at ar�y time and without further authoriza#ion fram Trustor, file <br /> axecuted counterparts, copies or repraduct�ans of this Deed of Trus# as a financing statement. Trustvr shail <br /> reimburse Lender�or a!I expenses incurred in perfecting or con#inuing this security interest. Upon defau#t, Trustor <br /> shall nvt remo�e� se�sr or detach the Person�t Property from the Property. lJpan default� Trustor shaEi assemble <br /> any Persvnai Praperty nat affixe�to the Property in a manner and at a place reasvnabiy con�enient ta Trustor and <br /> Lende� and make it a�ailable ta Lender within three {3� days after receipt af written demand from Lender to the <br /> �xtent permitted by applicable 1aw. <br /> Addresses. The mailing addresses of Trustor �debtor� end Lender {secured party� from which informat�on <br /> concerning the security interest granted by this ❑esd of Trust may be ❑btained �each as required by the Uniform <br /> Commerci�l�vdey are as stated❑n the firsf pege of this Deed o#Trust. <br /> FURTHER ASSURANCES; ATT�RNEY-�N-FACT. The �ollowing pro�isions relating to further assurances and <br /> attorney-�n-fact are a part of#his�eed of Trust: <br /> Further Asaurances. A#�ny tfine, and frnm t�me to tirne� upon reques�of Lender, Trustor will make, execute and <br /> deli�er,or will ceuse to be made,executed vr de�i�ered,to Lender ar to LendBr's designee, and when requested hy <br /> Lender, ceuse ta be filed� recorded, re#i1ed. or rerecorded, es the case mey be, et such times and in such ❑ffices <br /> and Qlaces as Lender may deem apprapriate� eny end af� such martgeges, deeds n#trust, security deeds, security <br /> agreemen#s, finan�ing s#etements, continuatinn statements, instruments of further assurance. �ertificates, and <br /> other d��uments as may, in the safe op�nion a�Lender, be ne�ess�ry or desirable in order ta�ffectuate, cflmplete, <br /> perfect. continue, or preserrie �1 f Borrower's and Trustor's abligations under the Note, #his �]eed o#Trust, and <br /> the Related Docum�nts, and t�� the liens and securi#y interests created by this Deed of Trust on the Property, <br /> whether n�w owned ar hereafter acquired by Trustor. Unless prvhibited by law vr Lender s�grees to�he cvntrary in <br /> writing, Trustor sha�f reimburse Lender for a11 casts and expenses incurred in connection with the matters referred <br /> to in�his paragraph. <br /> Attorney in-Fact. [f Trustar fails to do any of the things ref�rred to in#he preceding pa�agraph, Lender may da so <br /> for and in the neme of Trus#or and at Trustor's expense. For such purposes. Trustvr hereby irre�ocably appoints <br /> Lender as Trustor's attorney-in-f�ct far the purpose o�m�king, executing. deli�ering� #iling� recording. and daing a�! <br /> other#hings as may be necessary or desirable, in Lender's so�e opinion, to accvmplEsh the matters referred to in <br /> the preceding paragraph. <br /> FULL PERF�RMANCE, if Barrower �nd Trustor pay 81I the Indebtedness, �nctuding without limitation al� future <br /> ad��nces.when due, and Trustor atherwise performs all the�bligations impnsed upon Trustor under this Deed of Trust, <br /> Lender shall sxeCutg and de�i�er #o Trus�ee e request �o� fu11 rs�on��yence and aha11 execute and de�i�er to Trus#ar <br /> suitable statements of terminatEan of any financing stetement on file e�idencing Lender's security interest in the Rents <br /> and the Personal Property. Any rec�n�eyance �ee required by 1aw sha!! be paid by Trustor, if permitted by applicabis <br /> �aw. <br /> EVENTS �F DEFAULT. Each af the following, at Lender's option, shai! constitute an E�ent of aefault under this Deed <br /> �f Trust: <br /> Paym�nt Default. gorrower fa�ls tv make any peyment when due undgr the Indehtedness. <br /> ❑ther Defaults. Borrower or Trustar fails ta �omply wEth or ta perform any other term, obligation, CB�enant or <br /> candit�on contained in this �e�d ❑f Trust or in any of the Related flocum�nts or t� comply w�th ar to per�orm any <br /> term,ohligation, co�en�nt or conditian contained in any other agreement between Lende�and Borrower or Trustor. <br /> Compli�nce aefault. Failure �a comply with any other term. obligativn, co�enant or canditivn con'tained in this <br /> Deed a�Trust,#he Note ar in any o�the Related Documen�s. <br /> Daf�ult on�ther Paymsnta. Faiiure of Trustor within the tima requ�red by thia Deed of Trust to make eny payment <br /> tor texes ar insur�nce,or any other payment necsssary to pre�ent filing af or ta effect discharge o#any lien. <br /> Default in �a�or of Third Parties. 5houid Borrawer �r �ny Cirsntor de#au�t under any [oan, extens�fln af credit, <br /> security agreement, purGhase❑r sales agreement, or any oth�r agreement, in fa�or of any ather creditor or person <br /> that may materfalfy affe�t any o� Borrower's or any Grantar's property ar Borrower's ability to r�pay the <br /> �ndebtedness or Ba�rower's or Grantor's abili#y t� pet'fvrm their rsspecti�e abiigatjons under this ❑eed of Trust or <br /> any o#the Re�ated Documents. <br /> False Statements. Any warranty. representatian or statement made vr furnished ta Lender hy Borrower or Trustor <br /> or an Borrower's or Trustor's hehalf under this �3eed of Trust or the l�e�ated Documents is fa�se ar misi�ading in <br /> any materia� respect, either now or at the time m�de nr furnished vr becomes false ar misleeding at any time <br /> thereafter. <br /> �efecti�e Gollataralia�tivh. This Deed of Trust nr any of the Related Documents ce�ses to be �n full force and <br /> effect �in�[uding failure ort any callatera[ dacument tv create a �alid and perfected security interest or lien� at any <br />