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2� 1 �� 1719
<br /> DEED �F TRLJST
<br /> �C�nt�nu�d� Page 4
<br /> Sur��►ral o� Representations and Warran�ies. All representations, warranties, and agreemen�s made by Trustor in
<br /> this Deed of Trust shall sur�i�e�he execution and defi�ery of this De�d o�Trust, shall be con�inuing in nature, and
<br /> shall remain �n�ull#vrce and effe��un�il such time as Bvrrvwer's lndebtedness shal) be paid in full.
<br /> C�NDEMNATI�N. The�ol�o►rving praWisions rela�ing�o condemnatian proceedings are a pa�t of this Deed of Trust:
<br /> Proceedings. Cf any proceeding in condemnation is filed, Trustor shalf pramptly nati�y Lend�r in wri�ing, and
<br /> Trustor shall promptfy �ake such steps as may be necessary to defend the action and vbta�n �he av+rard. Trustor
<br /> may be the nominal party in such pro�ee�ing, but Lender shall be entitled to par�icipat� in the pr�ce�ding and�o be
<br /> represented in the pro�eeding �y counsel of �ts own choi�e, and Trustor will deli�er ar cause to he de�i�ered �o
<br /> Lender such instruments and document�tian as may be requested by Lender from time ta time to permi� such
<br /> parfiicipation.
<br /> Appii�ation of Ne� Proceeds. If al[ or any part��the Property is Gandemned by eminent domain proceedings or by
<br /> any proceeding or purchase in lieu a�condemnation, L�nder may at its electian require that all or any portion of the
<br /> net proceeds of �he award be applied to the Ind�btedness ar the repair or restoration of �h� Property. The net
<br /> proceeds o�the award shall mean the award after payment o�all reasonab�e cvsts, expenses, and attorneys' fees
<br /> incurred by Trustee ar Lender in�annection with the condemnation.
<br /> IlVIPDSITI�N �F TA�ES, FEES AND CHAR�ES BY GQVERNNiENTAL AUTH�RITIES. The fallowing pro�isions relating
<br /> to go�ernmental taxes, �fees and charges are a part of this L7eed vf Trust;
<br /> Gurrent Taxes. Fees and Charges. Upon request hy Lender, Trustvr shalf execute su�h docum�n�s in addition t�
<br /> this Deed of Trust and tak� whate�er other action is reques�ed by L�nder to perfect and continue Lender`s lien ❑n
<br /> the Real Property. Trustor shal� reimburse Lender �vr all taxes, as described below, �ogeth�r with all expenses
<br /> incurred in recording, perf�cting or �ontinuing this Deed of Trus�, including withau# limitati�n a�� taxes, �ees,
<br /> dacumentary stamps, and other char�es�or rectirding or registering this Deed af Trus�.
<br /> Taxes. The following shall cvnstitute taxes ta which this sectivn applies: �1� a sp�cific tax upon th�s type of
<br /> Deed ❑�Trust vr upon all or any part afi the fnde�tedness secured by this Deed vf Trust; {2} a speci�ic tax on
<br /> Borrower wh�ch Borrawer is au�horized or required ta deduct from payments on the Ind�btedness secured by this
<br /> type �f Deed of Trust; �3� a tax ❑n this type of Deed of Trust chargeable against�he Lend�r vr the holder af the
<br /> Nofie; and {4} a sp��i��c �ax on all or any partion vf the Indebtedness �r �n payments v� principal and interest
<br /> made by Bvrrower.
<br /> 5ubsequent Taxes. If any tax to which this section applies is enacted subsequen� to the date o� th�s Deed of
<br /> Trust, this event shall ha�e the same effect as an E�ent o� ❑e�auit, and Lender may exercise any or ail o� its
<br /> a�ailable remedies �or an E�ent of Default as pra�ided be[ow un��ss Trustor either �1} pays �he tax befiare it
<br /> hecomes de[inquent, or �,�} can�es�s th� tax as pro�ided aba�e in the Taxes and ��ens sectian and depasits with
<br /> Lender cash or a suf�icient corporate surety�ond vr vther security satisfactory to Lend�r.
<br /> SECURITY AGREEMENT; FINANCING STATEMENTS. The fallowing pra�isians relating ta this Deed o� Trus� as a
<br /> security agreement are a part of this Deed o�Trust:
<br /> Security Agreement. This instrum�nt shall c�nstFtute a 5ecurity Agreemenfi to the ex�ent any of th� Property
<br /> constitutes fixtur�s, and Lender shall hawe all of�he rights af a secured party under th� Uniform Commercia! Code
<br /> as amend�d from t�me to time.
<br /> Se�uri#y In�eres�. Upon request by Lender, Trustor shall �ake wha�e�er ac�ion is requested by Lender �o p�rfect
<br /> and continue Lender's security interest i� the Rents and Persanal Property. in addi�ion to recording this Deed of
<br /> Trust �n the real praperty recards, Lender may, at any time and withvut further autharizativn fram Trustor, file
<br /> executed counterparts, copies or reproductions �� �his Deed o� Trust as a financing s�a�ement. Trustor shall
<br /> reimburse Lender far all expenses �n�urred in perfecting or c�nt�nuing this s�cur�ty interest. Upon defauft, Trustar
<br /> shall na� remo�e, se�er vr de�ach �he Personal Property frvm �he Property. Upon de�ault, Trustor shall ass�mhie
<br /> any Persvnaf Property nat affixed �o the Prvper�y in a manner and at a pfa�e reasonabfy �on�enien�to Trustvr and
<br /> L�nder and mak� it a�ai�able to Lender within three 43� days after receipt of written demand f�vm Lender to the
<br /> ext�nt permitted by app[icable �aw.
<br /> Addresses, The mailing addresses af Trustor �debtor} and Lende� �secured party� from which in�ormation
<br /> concerning �he security int�rest granted by this ❑�ed af Trust may be obtained �each as required by the Uni�orm
<br /> Commercial Cadey are as stated on the first page of this Deed vf Trust.
<br /> FURTHER ASSIJRANCES; ATT�RNEY-iN-F�CT. The #o��awing provisians rela�ing to further assurances and
<br /> attorney-in-fa�t are a parfi vf�his Deed of Trust:
<br /> Further Assuran�es. At any time, and �r�m time to time, upon �-equest of Lender, Trustar will make, �xe�ute and
<br /> d�li�er, or will cause t� be made, executed or deli�ered, �o L.ender ar�o Lender's designe�, and when reques�ed by
<br /> Lender, cause to be filed, record�d, re���ed, or rerecorded, as the case may be, a� such times and in such offices
<br /> and plac�s as Lender may deem appropriate, any and ail such mortgages, d�eds af�rus�, security d�eds, securi�y
<br /> agreements, �inanc�ng s�atements, con�inuation sta�ements, instruments o� #urther assurance, certificates, and
<br /> other dv�uments as may, in the sol� ❑pinion of Lender, be necessary or desirabl� in order fi❑ effec�uate, campiete,
<br /> per�ec�, continue, or pr�s�r�� �1} Sorrower's and Trus�or's obligations under the Note, th�s Deed vfi Trus�, and
<br /> �he Related Documents, and ��j th� liens and security interests crea�ed by �his D�ed of Trust as #i�st and prior
<br /> liens on the Proper�y, whe�her now owned or h�rea�te� acquired �y Trustvr. Unless prohibited by �aw vr Lender
<br /> agr�es to the c�ntrary Fn writing, Trustor shall r�imburse Lender for aEl costs and expenses �ncurred in connection
<br /> with the ma#�ers re€er�ed to in this paragraph.
<br /> Attorney-in-Fact. 1f Trustar fa�fs �o do any of the things referred to in the preceding parag�aph, Lender may d❑ so
<br /> f�r and in the name of Trustar and at Trustor's expense. Far such purpvses, Trus�ar hereby irre�ocably appoints .
<br /> Lender as Trustor's a��orney-in-fact for the purp�se o�making, executing, d�li�ering, filing, recording, and doing all
<br /> other things as may be necessary or desirable, in Lender's sofe opinion, ta accomp�ish the matters referred to in
<br /> the preceding paragraph.
<br /> FULL PERF�RMANCE, lf Barraw�r and Trustar pay all the Indeb�edness, incfuding withoufi limitation all #uture
<br /> ad�ances, when due, and Trustar otherwise perfvrms all the obliga�ions imposed upon Trustor under this Deed of Trust,
<br /> Lender sha�� execu�e and deli�er tv Trustee a requ�st fvr full recan�eyan�e and shall execute and d�li��r to Trustor
<br /> suita�le statements of�erminativn of any finan�ing statement on �il� e�idencing Lender's securi�y interest in the Ren�s
<br /> and the Personal Prvperty. Any re�on�eyance fee requ�red by law shall be paid by Trustor, if permitted �y applicable
<br /> faw.
<br /> EVENTS aF DEFAULT, Each o�the fallawing, at Lender's option, shall constitute an E��nt vf ❑efault under this Deed
<br /> o�Trust:
<br /> Payment❑e�ault. Borrower�a��s to mak� any paymsn�when due under�he lndeb#edness.
<br /> Qther Defaul#s. Borrower or Trustor fails ta c�mp�y with or to perform any o�her term, ob�igation, cv�enan� ar
<br /> conditian contained in this Deed of Trust or in any o��he Re�ated Documents or to comply with or�o per#orm any
<br /> term, vbligafiion, ca�enan�or candition contained in any other agreement between Lender and gorrower ar Trustor.
<br /> Compliance ❑efault. Failure �o camply l�vith any other term, o�l�gatian, ca�enant or candition contain�d �n this
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