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2� 1 ��358�
<br /> DEED DF TRLJST
<br /> ��ontinued} Page 4
<br /> participation.
<br /> Appli�a��on o�Net Proceeds. ff all ar any part of the Property is c�ndemned �y eminen�domain proceedings or by
<br /> any praceeding ❑r pu�chase in lieu vf��ndemnation, Lender may at its eiection require tha�all ❑r any portion of the
<br /> net proceeds �f the award be applied �a the lndebtedness or th� r�pair or restvration of the Property. The ne#
<br /> proceeds of the award shall mean the award after payment of a�� reasonah�e costs, expenses, and atto�neys' fees
<br /> in�urred by Trus�e�or Lender in connec�ion with�he condemnatian.
<br /> IMP�5IT��N C�F TA�ES. FEES AND CHARGES BY ��VERNMENTAL AUTHUR�T�ES. The fvllowing pro�isians relating
<br /> to go�ernmental taxes, fees and �ha�ges are a part of�his �eed of Trust:
<br /> Current Taxes, Fees and Charges. �pon reques� by Lender, Trus�or shall execute such documents in add�tion t❑
<br /> this Deed of Trust and take whate�er other action is requested by Lender to per�ect arad �antinue Lender's lien on
<br /> �he Real Property. Trustar shail reimburse Lender �or all taxes, as described be�ow, �ogether with afl expenses
<br /> incurred in recvrdin�, perfecting or continuing this D�ed ❑f Trust, inc[uding without limi�a�ion all taxes, fees,
<br /> d�cumentary stamps, and❑ther charges for re�ording or re�istering this Deed o�Trust.
<br /> Taxes. The following sha�� constitute taxes �o which �his section applies: t1; a speGific tax upon this type of
<br /> Deed �f Trus� or upon a�f or any part of the Indebtedness secured by th�s Deed o� Trust; t�y a speci�ic �ax on
<br /> Trustar which Trustor �s authorized ❑r required tv deduct�From payments on the Indebtedness secur�:d by this type
<br /> o�Deed �f Trus�; �3� a tax �n this type of Deed of Trust chargeable against the Lender or the h�lder v�the Note;
<br /> and �4} a specific tax on a�1 or any portion of the Indebtedness or on payments �� principal and interest made by
<br /> Trustor.
<br /> 5ubsequent Taxes. If any tax �a which this sectian applies is enact�d subs��u�nt �o the date �� this Deed of
<br /> Trust, this e�ent shall ha�� th� same e#fe�t as an EUen� of Default, and Lender may exercise any or aI� o� its
<br /> a�ai[ab�e remedies for an E�ent o� ❑e�ault as pro�ided below unless Trustor eithe� �1} pays �he tax ���ore it
<br /> be�omes delinquent, or ��y cvntests the tax as pro�ided abo�e in the Taxes and Li�ns section and deposits with
<br /> Lend�r cash or a sufficien�c�rp�rate surety band or other se�urity sa�isfactvey to Lender.
<br /> SE�URITY AGREEMENT; FINANCING STATEMENTS. The following pro�isions relating to this Deed of Trust as a
<br /> securi�y agreement are a part of�his Deed ❑f Trust:
<br /> Security Agreement. This ins�rumen� shail canst��ute a Security Agreement �o �he extent any of �he Property
<br /> constitutes fixtures, and Lender shall ha�e all of the ri�hts o�a se�u�ed party under the Unif�rm �ommercial Code
<br /> as amended from time to time.
<br /> SeGurEty Interest. Upon requesfi �y Lender, Trustor shall take whate�er action is requested by Lender to per�ect
<br /> and continue Lender's security interest in the Rents and Personal Property. 1n add'€t€on to recording this ❑��d af
<br /> Trust in the �eal proper�y records, Lender may, at any time and rrvi�hou� further autho�ization from Trustor, �ile
<br /> �xe�u�ed �aunterparts, copies or reproductians of �his Deed of Trust as a �inancing statement. Trus�or sha��
<br /> reimburse Lender fvr all expenses incurred in per�ect�ng ar �antinuing this securi�y in��r�st. Upon de#ault, Trustor
<br /> shall no� rema�e, se�er ar de�ach the Persona! Pr�perty from �he Property. lJpon default, Trustor shall assemble
<br /> any Personal Praperty not affixed to �he Property in a rnanner and at a place reasonably ��n��nient ta TrustQr and
<br /> Lender and make it a�ailahie to Lender within three �3} days after rece�pt o� wri�ten demand from Lender to the
<br /> extent permi��ed by appl€cab�e law.
<br /> Addresses. The mailing addr�sses of Trustvr �deb�ory and Lender {s�cured parfiy� from which infarmatian
<br /> c�ncern�ng �he security interest granted by this Deed of Trus� may be ob�ained ��ach as re�uired by th� L�ni�arm
<br /> Commercia( Code� are as sta�ed on th��irst pag� of fihis ❑eed ❑f Trus�.
<br /> FURTHER ASSURAiVGES; ATT�RNEY-IN-FACT. The f���awing pro�isions relating �o further assurances and
<br /> attorney-in-fact ar� a part o�this Deed ❑f Trus�:
<br /> Further Assuran�es. At any time, and �ram time tv time, upon request v# Lender, Trus�ar will make, execute and
<br /> de���er, or will caus�to he made, exe�uted or deli�ered, to Lender or ta Lend�r's designee, and when requested �y
<br /> Lender, cause to be filed, recnrded, refiled, or rerec�rded, as the case may be, at such times and in such offices
<br /> and p�aces as Lend�r may deem appropriate, any and all such mortgages, deeds of trust, securi�y deeds, security
<br /> agr��mants, fiinancing statements, �ontinuation statements, ins�ruments of �urther assurance; �erti�icates, and
<br /> ather documents as may, in the sole opin�an v# Lender, be necessary or desirable in order to effectua�e, c�mp�ete,
<br /> perfect, cont�nue, �r preser�e �1 y Trustor's oh�igatians under the Note, fihis Deed of Trust, and the Related
<br /> Documen�s, and tZ} the liens and se�urity inter�sts created by this Deed of Trust as first and prior liens an �he
<br /> Property, whether now ❑wned or hereaf�er acquired by Trustor. Unless prohi#�ited by �aw or L�nd�r agrees �a the
<br /> ��ntrary in wri�ing, Trust�r shall reimburse Lender #or all costs and expenses incurred �n connection with the
<br /> matters re�erred�❑ in this paragraph.
<br /> Attorney-in-Fact. I�Trustor fails ta do any o�the �h�ngs re�erred to in the pre�eding paragraph, Lender may do so
<br /> for and in the name of Trustor and a�Trustor's expens�. Far such purposes, Trus�or hereby irre�aca�ly appoints
<br /> Lender as Trustor's attorney-in-fa�t for the purpose of making, ex�cut�ng, de(��ering, filing, recording, and doing all
<br /> ather things as may be necessary or desirable, in Lender's sole apinion, to accomplish the matters re�e�red to in
<br /> th� preceding paragraph.
<br /> FULL PERFflRiIJIANCE. If Trus�or pays ail the Indebtedness, inGluding wi�hau� limi�a�i�n all �uture ad�an�es, when due,
<br /> and v�herwise per�o�ms all the vbligations imposed upon Trustor under �his Deed af Trust, Lend�r shall exe�ute and
<br /> deli�er to Trus�ee a request for full recon�eyance and sha�� �xecute and deli�er �o Trustor suitable statements ot
<br /> termination of any financfng statement on file e�idencing Lender's security interest in the Rents and the Personal
<br /> Prvperty. Any recon�eyance fee �equired by law shall be paid by Trustor, if permitted �y applicable law.
<br /> EVENTS DF DEFAULT. Ea�h of the follawing, at Lend�r's optivn, shall constitu�e an E�ent o� D��aul� under �his Deed
<br /> o�Trust:
<br /> Payment Default. Trustor�a�ls to make any paymen�when due under the Indebtedness.
<br /> nther Defaul#s. Trustor �ai�s to comply with ❑r to perform any other term, ob�igation, �o�enant or conditian
<br /> contained in �his Deed of Trust or in any of rhe Related Documen�s or to comp�y wi�h or to perform any term,
<br /> vbligation, co�enan�or candition cantained in any ather agreemen�between Lender and Trustor.
<br /> Cvmpliance ❑efauit. Failure to �omply with any other term, obliga�ion, cv�enant or �ond�tion contained in th�s
<br /> Deed of Trust, th� Note or in any of the Refated ❑acum�nts.
<br /> De�au��an Q#her Paymen�s. Failure of Trustor within �he time required hy this ❑eed of Trust to make any payment
<br /> fvr taxes ar insurance, or any o�her payment necessary to pre�ent filing of or to effect discharge❑�any lien.
<br /> Default in Fa�nr �f Third Par#ies. Should Grant�r default unde� any �aan, extensi�n of credit, secur�ty agreement,
<br /> purchase or sales agreement, or any vther agreement, in fa��� of any ather c�editor or person that may materially
<br /> aftect any of Grantor's p�operty or Grantor`s abili�y to repay the Indebt�dn�ss flr Cran�or's abiiity to perform
<br /> Grantor's obligativns under this Deed of Trust or any of�he Related Docum�nts.
<br /> False Statements. Any warranty, representation or statement made ar furnished ta Lender by Trustor o� on
<br /> Trustor's behalf under this ❑eed of Trust or the Related Documen�s is �als� ❑r mis[eading in any material respect,
<br /> ei�her now a�at the�ime made or�urnished or hecomes false or misleading a�any time thereafter.
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