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2� 1 ��2��5
<br /> DEED C]F TRUST
<br /> tContinued� Page 4
<br /> participati�n.
<br /> Appli�ation of Net Proceeds. I#a�� ❑r any part o�f the Property is �ondemned by eminent domain proceedings vr by
<br /> any pro�eeding or purchase in lieu af condemnatian, Lend�r may at its election require that a!!vr any p�rtion of the
<br /> n�t praceeds af the award be app�ied tv the Indeb��dness vr the repair or restaration ❑� the Prvperty. The net
<br /> proceeds vf the award shall mean the a►rvard afte� payment of al! reasonahle costs, expenses, and a��arneys' fees
<br /> incurr�d �y Trustee or Lender in connection with the cvndemnation. �
<br /> [MP�SITIaN UF TAXES, FEES AND CHARGES BY G�VERNMENTAL AUTH�RITIES. The �o[[vvuing p�o�isivns relating
<br /> to go�ernmental�axes, fiees and charges are a part of this Deed o�Trust:
<br /> Current Taxes, Fees and Charges. Upon request �y Lender. Trustvr shall execute such documents in additfon ta
<br /> this Deed vf Trust and�ake whate�er athe�a�tion is reques�ed by Lender to perfect and cvntinue Lender's li�n❑n
<br /> the Rea[ PrQperty. Trustor shal! reimburse Lender far all taxes, as described be�aw, tv��ther �rvith all expenses
<br /> in�urred in recording, perfecting or continuing �his C�eed vf Trus�, including withvut �imita�tivn al1 taxes, fees,
<br /> do�umentary stamps, and other charges far recording vr regis�ering this ❑eed of Trust.
<br /> Taxes. The f�ilowing shall constitute tax�s to v�rhich this sec�ion appiies: �1 y a speci�ic #ax upon this type vf
<br /> Deed af Trust or upon all or any part vf the lndeb�edn�ss secured hy this Deed of Trus�; t�} a specific �tax vn
<br /> Trustor whEch Trustor is authorized or required to dedu�t fram payments on th� Indebtedness secured by this type
<br /> of Deed o�Trust, �3) a tax an�his type v�Deed of Trust chargeab�e against the Lender or�he holder vf the No�e;
<br /> and {4} a specific tax vn aii vr any pvrtion a#the Indebtedness �r❑n paymen�s af principa! and interest made by
<br /> Trustar.
<br /> Suhsequent Taxes. lf any tax to which this section appi�es is ena�ted su�sequent t� the date vf this Deed ❑f
<br /> Trust, this e�ent shalf ha�e the same effect as an E��nt a� ❑e#aulfi, and Lender may exercise any or af� af i�s
<br /> a�ailable remedies for an E�ent of ❑efau�t as pro�ided below unless Trustor sither �1 f pays the tax betvre it
<br /> becvmes deiinquent, or t�f contests the tax as provided above in the Taxes and Liens section and deposits with
<br /> Lend�r cash vr a suffEcient corporate surety bond ar other security satisfactary t❑ Lender.
<br /> SECURITY AGREEItiiIENT: FINANC�NG STATENlENTS. The following pro�isians rela�ing to this �eed o� Trust as a
<br /> security agreement are a part vf this Deed of Trust:
<br /> S�curity Agreemenfi. This instrument shal� �onstitute a Security Agreement to the extent any o� the Property
<br /> constitut�s fixtur�s, and Lender shall ha�e a�l of the rights v#a secured party under the Uniform C�mmercial Code
<br /> as amended from time tv ttme.
<br /> Secur�ty Interest. Upon request hy Lender, Trustor shali take whatever action is requested by Lend�r to perfe�t
<br /> and cont�nue Lender's security interest in the Rents and P�rsonal Property. �n additian t� recvrding this �]eed of
<br /> Trust in the real property rec�rds, Lender may, at any time and without further authvriza�tion from Trustor� file
<br /> execut�d counterparts, cvpies or reproductivns a� #his Deed o# Trust as a finan�ing statement. Trust�r shal!
<br /> reim�urse Lender fv�all expenses incurred in p�r�Fecting or continuing this security interest. Upvn default, Trustor
<br /> shall not rema�e; sever ar detach the Persanal Proper�y �rom the P�operty, Upon defau�t, Trustor shall assembl�
<br /> any Persvnal Prvperty nat a'��ixed to the Property in a manner and at a piace reasona�ly con�enient to Trustor and
<br /> Lender and make it availahle tv Lender wi�thin three �3� days after receipt ofi ►rvritten demand �rom Lender to the
<br /> extenf perm�t�ed by applicable law.
<br /> Addresses. The mailing addresses vf Trustvr �debt�r} and Lender �secured party} from which in#ormation
<br /> cvn�erning the security interesx granted by this Deed of Trust may be obtarned �each as required by the Uniform
<br /> Commercia� Code} are as stated on�he first page of this Deed o�Trust.
<br /> FURTHER ASSURANGES; ATT�RNEY-IN-FACT. The f�l�owing pro�isions r�lating tv fu�ther assurances and
<br /> att�rn�y�in�fact are a part of this Deed of Trust:
<br /> Further Assurances. At any time, and from time to time. upon request o# Lender, Trustar will mak�. execu�e and
<br /> deliver, or wii�cause to he made. executed�r deli�ered,�� L�nder or to Lender's designee. and when requested by
<br /> Lender, cause to be filed, recvrd�d, refiled. or rerecord�d, as the case may be, a�such times and in such affices
<br /> and p�aces as Lender may dsem apprapriate, any and a!! such mortgages, deeds o#trust, security de�ds, security
<br /> agreements, financing statements, �ontinuatian statements, instruments �� furfiher assurance, ce�tificates, and
<br /> other dvcum�nts as may, in the so�e opinion v# Lender, be necessary ar desirabie in ord�r tv effectuat�, complete,
<br /> perfect, cvntinue, or p�eser�� �1 f Trustor's obliga�ivns under the Note, this De�d of Trust, and the ReEated
<br /> Documents, and �2� the �iens and security in�erests creat�d k�y �his Deed ofi Trust as �Erst and prior liens on the
<br /> Property, whether naw o►nrned or herea�t�r acquired by Trustor. Unless prohibited by law ar Lender agrees to the
<br /> contrary in writing. Trustor shall reim�urse Lender for a!! costs and expenses incurred in cannection with the
<br /> mat�ers referred t� in this paragraph.
<br /> Attvrney-in-Fact. �f Trustor fails to d❑ any o�F�he things referred to in the preceding paragraph, Lender may do sv
<br /> fvr and in the nam� ❑f Trustor and at Trustor's expense. Far such purposes, Trust�r hereby irre�ocably appoints
<br /> Lend�r as Trus�or's attvrney-in-fact�or�he purpose❑�making, exe�uting, delivering, fiiing, recording, and doing a�l
<br /> ather things as may be necessary vr desirable, in Lender's sole opinion, to accomplish the matters referred to in
<br /> the preceding paragraph.
<br /> FULL PERF�RIVIANCE. If Trustar pays all the ind�btedness, �ncluding ►rvithout limitation a!! future ad�ances, when due,
<br /> and otherwis� p�r�Forms all th� ahiigations impased upan Trus�or under this Deed of Trust, L�nder sha�[ execu#e and
<br /> deli�er to Trustee a request for fu�� recon�eyance and shall execute and deii�er t� Trustor su�table statements of
<br /> t�rmination o�F any financing statement vn file e�idencing Lender's security interest in the Rents and the Persona�
<br /> Property. Any recvnveyanee fee requir�d by�auv shall �e paid by Trus�or, if permitted by applica��e law.
<br /> EVENTS �3F DEFAULT. Each o#the fvllaw�ng, at Lender's ❑ption, shal! constitute an E�ent ❑f Defauit under this D�ed
<br /> of Trust:
<br /> Payment Default. Trustvr fails�v make any payment when due und�r fihe Indebtedness.
<br /> q�her ❑efaults. Trustor fails t� comply with ❑r to perform any other term, o�ligation, c��enant flr condit�on
<br /> confiained �n this Deed af Trust or in any af the l�eiated Documen�s or to �omply with ❑r to p�rf�rm any term,
<br /> vhligation, co��nant or�vndition contained in any other agreem�nt between Lender and Trustor.
<br /> �vmpliance Defau�t. Failure to compiy with any other term, abligation, covenant or cvndition cvntained in this
<br /> D�ed o#Trust,the Note or in any vf the Related ❑ocuments.
<br /> �efault an�ther Payments. FaElure flf Trustor within�he time re�qu�red �y this ❑eed of T�ust to make any paymen'�
<br /> �or taxes or insurance, or any other payment ne�essary tv prevent f�ling of or ta effiect discharge of any lien.
<br /> D�fault in Favor vf Third Parties. Shvu�d �rantor default under any Ivan, extensian of credit, security agre�ment,
<br /> purchase vr sales agreement, or any o�her agreement, in fa�ar of any vthe� creditar vr persan tha� may material�y
<br /> atfect any of Grantor`s property or Grantor's ability tv repay the Indebtedness vr Gran�or's ab�City ta p�rfvrm
<br /> Grantvr's abligatians under this Deed v�Trust or any af the Related Documents.
<br /> False 5tatements, Any warranty, representation or statement made ar �urnished ta Lender by Trustor ar on
<br /> Trustor's b�ha[�under this Deed vf Trust or the Rela�Ced Do�uments is �afse or mis�eading in any mat�riai respe�t,
<br /> ��ther now or at the#ime made or furnished vr be�omes�a�se ar mislead�ng at any�ime�h�reaf�er.
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