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2� 1 �� 1 �35
<br /> DEED �F TRUST
<br /> {Continued� Page 4
<br /> Gomplian�e Wi�h Laws. Trustor warrants that the Property and Trustor's use of �h� P�operty comp[ies with all
<br /> exist€ng applicable laws, ordinances, and regu[atians of go�ernmental authvri�ies.
<br /> Sur�i�a� o� Represen�atians and Warran�ies. Aff representations, warranties, and agreements made t�y Trustor in
<br /> this Deed vf Trust shall sur�i�e the ex�cution and deli�ery of�his Deed �f Trust, shall be con�inuing �n nature, and
<br /> shall remain in full f�rce and e���ct until such time as Barrower'� �ndeb�edness shal� he paid in full.
<br /> C�NDEIVINATIDN. The following pra�isions r�lating fio condemnativn pro�eedings are a part��this Deed of Trust:
<br /> Proceedings. If any proceeding in �ondemnati�n is ��led, T�ustar shall promp�ly notify L�nder in writing, and
<br /> Trustar shali prompt�y take such s�eps as may be n�cessary t� de�end �h� action and obtain �he award. Trustor
<br /> may b�the nom�nai party in such pro�eeding, bu�Lender shalf be entit�ed t� part��ipa�e in�h� proceed�ng and to be
<br /> represen�ed in th� proceeding by caunsel of its own choice, and Trustor wi�f de�i��r or cause ta he deli�ered �o
<br /> Lender such instruments and documentation as may be reques�ed by Lender from tim� to time to perm�� su�h
<br /> participation.
<br /> Appiication of Net Pro�eeds. I�all or any part of�he Property is �ondemned by eminent domain pro�eedings or by
<br /> any proceeding or purchase in lieu af condemnation, Lender may a�i�s electivn requ€re that all or any partion af�he
<br /> net pro�eeds of �he award be app(ied to the Indehtedness or the repair vr restara�ion o� the Praperty. The net
<br /> pr�ceeds o�the award shall mean the award after payment of a[[ reasonahle cos�s, �xpenses, and a�torneys' f�es
<br /> incurred by Trustee�r Lender in connectian wifih the cvndemnativn.
<br /> IMPDSITi�N DF TAXES, FEES AND CHARGES gY G�VERNMENTAL AUTH�RITIES. The fol�owing pro�isivns re�at�ng
<br /> tv ga�ernmentaf taxes, #e�s and charges are a par't❑f�his Deed of Trust:
<br /> Current Taxe�, Fees and Charges. Upon request by Lender, Trus�or shall exe�ute such do�uments in addition tv
<br /> �his Deed af Trus�and take whate�er other act�on is requested by Lender�o perfect and continue L�nder's ��en on
<br /> the Rea� Prape�ty. Trus��r shall reimburse Lender for a�l tax�s, as described belaw, tvgether with all expenses
<br /> �n�urred in recarding, pe�#�cting �r con�tinuing this ❑eed of Trust, inc(uding withou� �imi#ati�n ali taxes, #ees,
<br /> dacumen�ary stamps, and�ther charges fo�recarding ar regis�ering�his Deed of Trust.
<br /> Tax�s. The follawing shall constitute taxes to wh�ch th�s sect�on applies: �1� a spec��ic tax upvn this type af
<br /> Deed vf Trust or upon all or any par� af the Indeb�edness secured by �his Deed �f Trust; ��� a specifi� tax on
<br /> Borrawer whi�h Bvrro►rver is author�zed or required to dedu�� from payments ❑n the Indebtedness secured by this
<br /> type a� Deed af Trust; �3} a tax on �his type o� D��d o#T�ust chargeable against the Lender or the hafder of the
<br /> No�te; and �43 a spe�ific tax on all or any por�ion ❑fi the f nd�bfiedness or vn paymen�s of pr�ncipal and inter�st
<br /> made by Borr�wer.
<br /> Subsequ�nt Taxes. If any tax t❑ which this sect�on applies is enacted subsequent to '�he date of this Deed of
<br /> Trust, this e�ent shall ha�e �he same effe�� as an E�ent of ❑e�auit, and Lender may ex�rcise any or aff o� its
<br /> a�ailable remedies �o� an E�ent of Defaul� as pro�ided below unfess Trustvr eith�r ��� pays the tax before it
<br /> becomes delinquen�, ar t2� cont�sts the tax as pro�ided abo�e in the Taxes and Liens sectivn and deposits with
<br /> Lender cash or a sufficient�orporate surety bond o�ather s�curity satisfac�ory to Lende�.
<br /> SECURITY AGREEMENT; FlNAN�ING STATEMENTS. The f�llvwing pro�isions relating �o this Deed vf Trust as a
<br /> securi�y agreement are a part o�this D�ed of Trust:
<br /> Security Agreement. This instrument shall constitute a Secur�ty Agreement to the extent any af �he Property
<br /> constitutes fixtures, and L�nder shall ha�e all of the rights of a secured party under�he Unifarm C�mmercial Code
<br /> as amended from time ta time.
<br /> Secur�ty lnterest. Upon reques� by Lender, Trust�r sha�f tak� whafie�er action is requested by Lender �❑ per�ect
<br /> and continue Lender's se�urity interest in the Ren�s and Personal Property. In additivn �o recarding this De�d of
<br /> Trust in �he real property records, Lender may, at any time and wi'�hou� fur�her authorizatian from Trustor, file
<br /> executed counterpar�s, copies or reprodu�ti�ns of this D��d o# Trust as a finanCing statement. Trustor shall
<br /> reimburse Lend�r for all expenses incurred in perfe�ting or continuing this security interest. lJpan default, Trustor
<br /> shall no� remv�e, se�er v� detach the Personal Proper�y �rom the Property. Upon default, Trust�r sha�� assemble
<br /> any Personal Proper�y not affixed to the Pr�perty in a manner and at a place reas�nabfy con�eni�nt ta Trustor and
<br /> Lender and make it a�ailable to Lender within three �3� days a�te� receipt of writ�en demand fram Lender ta �he
<br /> extent permitted by applica�le law.
<br /> Addresses. The mai[ing addresses o� Trusfior �deh�or� and Lender �secur�d party} fram which informa�ion
<br /> concerning the s�curity in�erest granted by this Deed o� Trust may be ol��ained teach as required by the Uni�arm
<br /> Commercia� C�d�} are as stated on the first page of this Deed of Trust.
<br /> FURTHER ASSURANCES; ATT�RNEY-IN-FACT. The followin� pro�isians relating to further assurances and
<br /> attorn�y-in-�act are a part of�his Deed of Trust:
<br /> Further Assurances. At any time, and from time to time, upan request o� Lender, Trus�or will make, execute and
<br /> deli�er, vr wilf cause ta he made, execu�ed or deli�ered, �o L�nder vr to Lender's designee, and when reques�ed hy
<br /> L�nder, cause tv be �iled, recarded, r�filed, or rereco�ded, as the cas� may be, at such times and �n such o�fices
<br /> and pfa�es as Lender may deem appropriate, any and all such mortgages, deeds of�rust, s�cur�ty deeds, security
<br /> agreements, financing statements, cvn�inua�ion s�atemen�s, instruments o� �urther assurance, certificafies, and
<br /> other dv�uments as may, in the sv�e opinian of Lender, be nec�ssary �r desirab€e �n order�o effectuate, cvmplete,
<br /> per�ect, continue, or preser�e �1� Sorrower's and Trustor's olaliga�ions under the Note, this Deed of Trust, and
<br /> the l�elated Do�uments, and ��� the liens and security interests created by this Deed ot Trust as first and prior
<br /> f iens on the Pr�perty, whether nvw owned or hereaf�er acquired by Trustor. lJnl�ss prohibited �y �aw ❑r Lender
<br /> agrees to the �ontrary in wr�ting, T�ustor shall reimburse Lender for all costs and expenses incurred in connec�ion
<br /> with the matters referred to in this paragraph.
<br /> At�vrney-�n-Fact. I-�Trustvr fails to da any af the things referred to in �h� preceding paragraph, Lender may do so
<br /> for and in �he nams �t Trustor and at Trustar's expense. For such purp�ses, Trustar hereby irre�ocably appaints
<br /> Lende� as Trus�or's a�torney-in-fact for the purpose of making, executing, deli�ering, f���ng, recarding, and doing all
<br /> vther things as may be necessary vr desirabfe, in Lender's so�e opinion, tv accomplish the matters referr�d to in
<br /> the preceding paragraph.
<br /> FULL PERFORMANCE. I� B�rrower and Trustor pay all the Indebtedness, in�iud+ng withaut limitatian all futur�
<br /> ad�ances, when due, and Trustor oth�rwise per�arms all the ❑�ligativns imposed upon Trus�vr under this Deed of Trust,
<br /> Lender sha�! execute and deli�er tv Trustee a re�uest for fu�l recon�eyance and shall exe�ute and deli�er to Trustor
<br /> suitabfe statements af termina�ivn of any financing statement �n �ile e�idencing Lender's security interest in the R�nts
<br /> and the Pers�nal P�operty. Any recan�eyance �ee required by law shal! be paid by Trus�or, if permitted by applicable
<br /> law.
<br /> EVENTS �F DEFAULT. Each of the following, at Lender's option, shall constitute an Event o� De#ault under this Deed
<br /> of Trust:
<br /> Payment Default. gorrow���ails to make any payment when due under the Indeb�edness.
<br /> �ther �e�auifis. Bvrrowe� or Trusto� fails to comply wi�h or to perfarm any other term, ob[igation, co�enant or
<br /> conditian cvn�ained in th�s Deed o�Trust vr in any of the Related ❑ocuments or t� comply with vr�o p�rform any
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