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2� 1 �� 172�
<br /> DEED �F TRUST
<br /> {�ontinued� Page 4
<br /> any prviceeding or purchase in l��u of condemnatian, Lender may a�its election require that a��or any pvrtion af the
<br /> net proceeds of th� award be appiied to the fnd�bfiedness vr �he repair or res'�ora�ion of the Proper�y. The n�t
<br /> proceeds of�he award sha�l mean �he award a�ter payment of all reasonable costs, expens�s, and a��orn�ys' �fees
<br /> incurred hy Trustee or Lende�in connectivn with the condemna�ion.
<br /> IMPDSITlDN �F TA�CES, FEES AND CHARGES BY GQVERNMENTAL AUTHQRITiES. The f�llawing pro�isions re[ating
<br /> t❑go�ernmental#axes, �ees and charges a�e a �art of this ❑eed vf Trust:
<br /> Current Taxes, Fees and Charges. Upon requ�st by Lender, Trustor shall execute such documents in addition �o
<br /> this Deed of Trust and take whafie�er oth�r action is requested hy Lende�tv �erfec�and Gantinue Lender`s lien on
<br /> �he Fieal Property. Trusto� shal[ r�imhurse Lender for af! �axes, as described belaw, together with all expenses
<br /> incurred �n recording, perfe�ting ar continuing this Deed o� Trust, includ�ng wi�hout iimitation a!� taxes, �ees,
<br /> documentary s�amps, and other charges�ar recording�r registering�his De�d of Trust.
<br /> Taxes. The �ollowing shall constitu'�e taxes to which this section app[ies: 41� a specific tax upon this type vf
<br /> Deed of Trust vr upfln all or any part of the Indeb�edness secured hy this Deed o�Trust; ��} a specific �ax vn
<br /> Trus�vr which Trus�kar is authorized or required to deduc�from paymen�s �n the lndebtedness secured by this type
<br /> of Deed of Trust; t3j a �ax on this type o�❑sed o#Trust chargeable against the Lender or the holder of the Nvte;
<br /> and �4} a specifi� �ax on ai( ❑r any p�rtion af the �ndebt�dness or on paymen�s of prin�ipaf and int��est mad� by
<br /> Trustor.
<br /> Subsequen# Taxes. If any tax to which this sec�ion applies is enacted subsequent to the da�e af �his Deed af
<br /> Trust, this e�ent shall ha�e the same efifect as an E�ent of Default, and Lender may exercise any ar a[[ a# its
<br /> a�ailab[e remedies �or an E�ent vf Default as pro�ided below unless Trus�or ei�ther �1� pays the tax bef�rre it
<br /> becomes delinquent, or {�y contests the �ax as pro�ided a�a�e in the Taxes and Liens section and depasits v►rith
<br /> Lender cash or a sufficient corpvrate surety bond or other secur€ty satis#acto�y to Lender.
<br /> SECURITY AGREEMENT; FiNANCtNG STATEMENTS. The fallowing pra�isivns refating to this Deed afi Trust as a
<br /> se�urity agreement are a part o�th�s Deed af Trust:
<br /> Se�urity Agreement. This instrument sha!! constitute a Securi�y Agreement to �he extent any of the Property
<br /> consti�u�es fixtures, and Lender shaf[ ha�e a�� af the rights of a s�cured party under the Uniform Cammercial Code
<br /> as amended from time to time.
<br /> Security ln#eres�. lJpon reques� by Lender, Trustvr sha[I take w�hate�er act�on is �eques�ed by Lender to perf�c�
<br /> and continue Lender's se�uri�y interes� in �he Rents and Personal Property. In add�tion to recording th�s D�ed of
<br /> Trust in the r�al property recvrds, Lender may, a� any �ime an� without further authari�ati�n from Trusto�, fi�e
<br /> executed caunterparts, copies or reproductions af �this Deed of Trust as a financing statemenfi. Trustor shall
<br /> reimburse Lender for a[I expenses incurred in perfecting or continuing this se�uri�y �nterest. Upon default, Trusto�
<br /> shall nvt remo��, se�er or detach the P�rsonal Property from the Proper�y. Upvn defauft, Trustor shall assem�fe
<br /> any Personal Proper�y not affixed #a the Property in a manner and at a place �easvnahly Gonvenient to Trustvr and
<br /> Lender and make �� a�ailable to Lender within three t3� days after rec�ipt o� wr�tten demand �rom Lender to the
<br /> extent pe�mitted by applicable law.
<br /> Addresses. The maifing addresses of Trustor tdeb�ar} and �ender �secured partyf f��m which information
<br /> concerning the security interest granted by �his Deed a� Trust rr�ay be obtained {each as required by the Uni�orm
<br /> Commercial Code� are as stated on the�irst page of this Deed of Trust.
<br /> FURTHER ASSURANCES: ATTaRNEY-IN-FACT. The �ollowing pro��sivns �-elating tv further assurances and
<br /> att�rney-in-fact are a par�of this Deed of Trust:
<br /> Further Assurances. At any time, and from time to time, upan r�qu�st af Lend�r, Trusfior will make, execute and
<br /> defi�er, or will cause to b�made, execu�ed vr deli�ered, �❑ L�nder vr t� Lender's designee, and when requested by
<br /> Lender, Gause to be fiiled, recarded, refiled, ❑r rerecorded, as the case may be, at such times and in such ❑��ices
<br /> and places as Lender may d�em appr�priate, any and all such m�rtgages, deeds af trust, security deeds, security
<br /> agreements, finan�ing statements, continuati�n statements, instruments of further assuranc�, certifica�es, and
<br /> other do�uments as may, in the sofe ap�nion o� L�nde�, �e ne�essary ar desirable in ord�r�o e�fe�tua�e, complete,
<br /> per�ect, cantinue, or pres�r�e ��� Trustar's obfigations under the Note, this i]eed of Trust, and �he R�lated
<br /> Documents, and 42� the liens and se�urity interes#s created by this D��d o�Trust as first and prior liens on the
<br /> Prvperty, wh�ther naw vwned or hereafter a�quired hy Trustor. lJnless prohib�ted by law or Lender ag�ees to the
<br /> contrary in rivriting, Trustor shall reimburse Lender �or all c�s�s and expenses incu�red in connection with the
<br /> matters referred to in this paragraph.
<br /> Attarney-in-Fact. lf Trustor fai�s �a do any a#the things re#erred to in the pre�eding paragraph, Lend�r may do so
<br /> far and in �he name vf Trusto� and at Trusto�'s expense. Far such purpases, Trustor herel�y irre�vcably app�ints
<br /> Lender as Trustor's attorney-in-�act for�he purpose o�making, ex�cu�ing, deli�ering, filing, recording, and doing ail
<br /> other things as may be necessary or desirable, in Lender's so�e opinion, to accomplish �he matters �eferred to in
<br /> '�he preceding paragraph.
<br /> FULL PERF�RMANCE. lf Trus�or pays all the �ndeb�edness, inGluding with�ut [�mitation all tuture ad�ances, when due,
<br /> and otherwise performs all the abliga�ions imposed upon Trustvr under this Deed o� T�ust, Lender shall ex�cute and
<br /> deli��r to Trustee a r�quest for fiull recon�eyance and shall execut� and de[i�er �❑ T�ustor sui�able statements of
<br /> termination o� any financ�ng s�a�ement on file e�idencing Lender's security interest in �he Rents and the Personal
<br /> Property. Any recon�eyance fee required by lav►r shall be paid by Trustor, if permitted by app��cabl� law.
<br /> EVENTS DF DEFAULT. Each �f the fallvwing, afi Lender's option, shall consti#ute an E�ent of ❑e#�ault under this Deed
<br /> of Trust:
<br /> Payment De�ault. Trustor faiis ta make any paymenfi when due under�he indebtedness.
<br /> �]�her De�autts, Trustor �ails to comp�y with o� to p�rform any vther term, obligation, �o�enant or cond�tion
<br /> contained in this Deed o� Trust or �n any vf the Related Documen�s or to comply with Qr to perform any term,
<br /> abligation, co�enant or condition canta�ned in any other agreemen�between Lender and Trustar.
<br /> Compiiance De�auft. Failur� t� comply with any other term, obligation, co�enant or conditian cvntained in this
<br /> Deed vf Trust,the Nate ar in any o�the Related Documents.
<br /> ❑�fault on �ther Payments. Failure o�F Trusta�within�he��me required by this Deed of Trust to make any payment
<br /> fvr taxes or insurance, or any other payment ne�essary to pre�en�#��ing of or to e�fect discharge of any lien.
<br /> Defaul# in Favor of Third Parties. Should �rant�r d�fault und�r �ny �van, �xtensian of credit, security agreement,
<br /> purchase or sales agreem�nt, vr any ❑ther agreement, in fa�or o�any other creditar or p�rson that may ma�erially
<br /> a��ect any of G rantor's praperty vr G rant�r's abi�€ty tv repay the Indebtedness or G rantvr's a�ility �o perform
<br /> �rantar's ahligations under this ❑eed of Trust�r any of th� Reiat�d �acuments.
<br /> False S#a#ements. Any warranty, representati�n or statement mad� o� furnished tv Lender by Trusfior or fln
<br /> Trustor's beha�� under this Deed of Trust or the Refated Dvcum�nts is false or misleading in any mate�ial r�spect,
<br /> either naw ar at the�ime made or furnished or becomes fa�se or mis�eading at any time�hereafter.
<br /> Defe�ti�e Coila#eraliaatian. This Deed of Trust or any of �he R�fated Docum�nts ceases tv #�� in fufi force and
<br /> effect 4�ncfuding failure of any collateral document to crea#e a �alid and perfected securi�y interest or lien} a� any
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