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2� 1 ��2991
<br /> vEEv oF TRusT
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<br /> participation.
<br /> Applicat'ron of Net Proceeds. lf all ❑r any pa�t��th� Property is condemned by eminent domain proceedings or by
<br /> any proceeding or purchas� in lieu o�condemnation, Lender may at i�s elec�ion require that a��❑r any portion of the
<br /> net proceeds of the award be app[�ed ta th� Indet�tedness or �he repair or restaration of the Proper�y. The net
<br /> proceeds of the award shal! mean �he award after payment vf all �easonable Costs, expenses, and at�orneys' fees
<br /> incurred kry Trustee or Lender in �onnection with the �ondemna#ion.
<br /> [MP�5ITI�N OF TAXES. FEES AND CHARGES BY G�VERNN�ENTAL AUTHDRITIES. The fol�owing pro�isions re[ating
<br /> ta ga�ernmental�axes, fees and charges are a part of this Deed of Trust:
<br /> �urrent Taxes, Fees and Charges. Upan request by Lender, Trus��r shall ex�cut� such documents �n addition to
<br /> this ❑eed o�f Trust and take whate�er ❑ther action is requested by Lender t� p�rfect and cantinue Lender`s li�n on
<br /> �he Real Praper�y. Trustor shal� reim�urse Lender for all taxes, as described �elow, �ogether with all expenses
<br /> incurred in recording, perfect€n� ar continuing this Deed of Trus�, including without limitation all taxes, f�es,
<br /> documentary stamps, and afiher charges for recording or regis��ring this Deed of Trust.
<br /> Taxes. The following sha[� const�tute taxes to which this sec�ion applies: {1 y a spec��ic tax upon �his type o�
<br /> Deed of Trus� or upon ail or any part o� the Indebtedness secured by this De�d o� Trust; �2} a specifi� tax on
<br /> Trustor whi�h Trust�r is authorized or required to deduct from payments on#he Indebtedness secured by this type
<br /> o�Deed of Trus�; �3y a tax on this type o� Deed o�Trust chargeable against the L�nd�r or�he holder af the Note;
<br /> and �4} a spe�ific tax on all vr any port�an o�the Indebt�dness or on paymen�s of princ�pa� and interest made by
<br /> Trustar.
<br /> Subsequent Taxes. If any tax t� which this sectian app�ies is ena�ted subsequen� t❑ the date o� this Deed of
<br /> Trus�, this e��nt shall ha�e �he same effect as an E�ent of ❑e�ault, and Lender may exercis� any or all of its
<br /> a�ailable remed'€es far an E�ent of �efaul� as pro�ided below un�ess Trustor either 4�y pays the tax �efore it
<br /> becomes delinquent, or ��} con�es�s the �ax as pro�ided abo�e in �he Taxes and Liens se�tion and deposits with
<br /> Lender cash❑r a su�f�cient carpora�e sure�y band or o�h�r s�curity sat�s�actory�a Lender.
<br /> SECURITY AGREEMENT; F1NAN��NG STATEMENTS. The following pro�isions re�ating t❑ this Deed ❑f Trust as a
<br /> secur�ty agreemen�are a part o�th�s Deed af Trust:
<br /> Secur�ty Agreemen�. This instrum�nt sha�l constitute a Security Agreement to the extent any of �he Property
<br /> constitutes �ixtures, and Lender shall ha�� a�� of the rights o�a se�ured par�y under�he Un���rm Commercial Cade
<br /> as amend�d�rom time to�ime.
<br /> Security In�erest. Upon reques� by �ender, Trustor shall take whate�er action is reques�ed by Lender ta perfect
<br /> and can�inue Lender's security in�eres� in �he Rents and Persona[ P�aperty. In addition �❑ rec�rding th�s Deed of
<br /> Trust in the real property recards, Lender may, a� any time and w�thout �urther authorization from Trustor, file
<br /> executed count�rparts, �op�es or reproductians of this Deed ❑t Trust as a financing statement. Trustar shall
<br /> r��mt�urse Lender for a[� expenses incurred in perfecting ar continuing this security interest. Upon defau[t, Trus�or
<br /> shall not remo�e, se�er vr detach the Personal Property �ram the Pr�perty. Upon de�ault, Trus�ar shalf assemble
<br /> any Persvnal Proper�y not a��ixed to the Property in a manner and at a place r�asonab�y cvn�enien��o Trustor and
<br /> L�nder and make �� a�ailable �v Lender within three �3� days after re�eipt of written demand from Lender to �he
<br /> extent permi�ted by appli�abf� faw.
<br /> Addresses. The mailing addresses �� TCUStDI' �debtor� and Lender �secured partyy f�am which infvrmation
<br /> con�erning �he security interes� granted by this De�d o�Trust may be ob�ained �each as required by the Uniform
<br /> �ommercia� Code} are as s�a�ed on the first page o�this ❑eed o�Trust.
<br /> FURTHER ASSURANCES; ATT�RNEY-IN-FAGT. The folfowing pro��si�ns relating to fur�her assuran�es and
<br /> attorney-�n-faGt are a part o�th�s Deed o#Trust:
<br /> Further Assurances. A� any time, and f�am �ime to time, upon reques�❑f Lender, Trustor will make, execute and
<br /> defi�er, or will cause to be made, executed or deli�ered, to Lender or t❑ Lender's d�signe�, and when request�d �y
<br /> Lender, cause �o be �iled, re�orded, refifed, or rerecorded, as the case may be, at such times and in such offic�s
<br /> and places as L�nder may deem appropriate, any and a�� such mortgages, deeds of�rust, se�urity deeds, security
<br /> agreemen�s, financing statemen�s, continuation statements, instrum�nts of further assurance, c�rtificates, and
<br /> other dacuments as may, in the sole opinion of Lender, �e nec�ssary or desirable in order t❑ effe�tuate, Gomple�e,
<br /> per�ect, con�inue, ar prese��e �1} Trus�or's obligations under the Note, '�his Deed of Trus�, and �he Related
<br /> Documents, and �2y the fiens and security interests �rea�ed by this Deed of Trust as �irst and prior liens on the
<br /> Prop�rty, whether now owned ar herea�ter acquired by Trustor. Unless prahibi�ed hy lav+i or Lender agrees to the
<br /> cvn�rary in writing, Trustar shall reimburse Lender for a�� casts and expenses incurred in connection with the
<br /> mat�ers referred tv in this paragraph.
<br /> Attorney-in-Fact. �f Trus�or fai[s to do any o�the things referred to in the preeeding paragraph, Lender may do sa
<br /> �or and in the name of Trus�or and at Trusto�'s expense. For such purposes, Trustor hereby irre�ocably app�ints
<br /> Lsnder as Trustor's at�vrney-in-fact for the purpose of making, executing, deli�ering, �iling, recarding, and doing a�1
<br /> o'�her things as may �e necessary or desirabl�, in L�nd�r's sole apinion, to accomplish the matters referred t� in
<br /> the preceding paragraph.
<br /> FULL PERF�RMANCE. If Trustor pays all the lndebtedness, including withaut �imitation all future ad�ances, when due,
<br /> and otherwise p�rforms all the obl�gations imposed upon Trustor under this Deed o� T�ust, Lender shalf execute and
<br /> deli�er to Trustee a request for �Fuil recon�eyance and shall execu�e and deli�er tn Trustor suitable s�atements o�
<br /> terminatian o� any financing statement on �ile e�idencing Lender's securi�y interest in the Rents and the Persona�
<br /> Property, Any recon�eyance fee required by �aw sha�� be paid by Trustor, if permi��ed by applicab�e �aw.
<br /> EVENTS DF aEFAULT. Each ❑f�he following, at L�nder's opti�n, shail constitute an E�en� of De�au�t under this Deed
<br /> of Trus�:
<br /> Payment De#ault. Trustor fiails to make any payment when due under the Indebtedness.
<br /> D#her ❑e'Faul�s, Trustor �ai�s to comply wi�h or �o perform any other term, ob�igation, cv�enant ❑r condition
<br /> contained in this Deed af Trust or in any of the Related Documents or to c�mp�y w�th or ta perform any te�m,
<br /> obiigatian, co�enan�or cvndition conta€ned �n any other agreement b��w�en Lender and Trustor.
<br /> Gvmplianc� De�aul#. Failur� ta comply with any �th�r term, abligativn, �o�enant or cond�tion contained in this
<br /> Deed of Trust, the Note or in any of the Rela��d D�cuments.
<br /> Defauft vn �ther Payments. Failure af Trustar within the tim� required by this De�d of Trus�t� make any payment
<br /> for taxes❑r insu�an�e, or any❑�her payment necessary to pre�ent�iling of ar to effec�discharge o�any lien.
<br /> Defaul� in Fa��r af Third Parties. Shvuld Grantar defaul� under any ioan, extension of credit, secur�ty a�reemen�,
<br /> pu�chase or sal�s agre�ment, or any o�h�r agreement, in fa�vr o�any other creditor or pers�n that may materially
<br /> a�fect any of �rantor's property or Gran�or's ability �� repay the Indehtedness or Crantar's abiiifiy t� per�orm
<br /> Grantor's obliga�ions unde�this ❑eed ❑f Trust vr any of the Related Do�uments.
<br /> Fa�se S#a�ements. Any warranty, represen�a�ion ar s�atemen� made or furnished to Lender �y Trustor or on
<br /> Trustor's behalf under this Deed o�Trust or the Rela�ed ❑acuments is false or m�s��ading in any ma�eriaC respect,
<br /> either naw or at the time made or furnished or becames �False or misi�ading at any time thereafter.
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