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2� 1 ��41 � 1
<br /> DEED �F TRUST
<br /> ���rltinu�d� Page 4
<br /> any pro�eeding ar pur�hase �n l��u ofi condemnativn, Lender may at its electian requ�r�that all vr any pvrtion o�the
<br /> net proceeds ❑� the award he applied �a the �ndeb�edness ar the repair or restoration of the Prop�rty. The net
<br /> pro�eeds of the award shall mean the award aft�r payrnent o� af� reasonab�e casts, expenses, and attorneys' fees
<br /> incurred by Trustee ar Lender in connection with the c�ndemnation.
<br /> IMPQSlTIDN [3F TA�ES, FEES AND CHAR�ES BY G�VERNMENTAL AUTH�R1TlE5. The �ollowing pro�isions rela�ing
<br /> ta go�ernmenta�taxes, fees and charges ar� a part of th€s ❑eed o�Trust:
<br /> Current Taxes, Fees and Charges. Up�n r�quest by Lender, Trustor shall execute such documents in addition t�
<br /> this Deed o�Trust and �ake wha�e�er�ther action is requested by Lender to perfect and cantinue Lende�'s lien on
<br /> th� Reaf Prope�ty. Trus�or shall reimburse L�nd�r far a�� �axes, as des�ri�ed belvw, tvgether with a�� expenses
<br /> incurred in recording, perfec�ing or continuing �his I7eed o� Trust, including without �imi�a�ion all �axes, fees,
<br /> documentary stamps, and o�her�harges for recording or registering this ❑eed af Trust.
<br /> Taxes. The fo��owing shall cans�i�ute �axes to which this sect€on appl�es: �1} a specific �ax upon th�s type of
<br /> Deed of Trust ❑r upon all or any parfi af the Indebtedness secu�ed by this Deed of Trus�; ��y a speci�i� tax on
<br /> Trus�or which Trust�r is au�hori�ed or required to deduct from payments an the Indebtedness secured by this type
<br /> af Deed of Trust; �3� a tax �n this type of Deed ❑f Trust�harg�ab�e against the Lender or the holder ot the Note;
<br /> and �4� a spec�f�� �ax on all or any portion af the Indebtedness or on payments af principal and interest made by
<br /> Trustvr.
<br /> Subsequen� Taxes. [� any tax to which this sec�ion applies is ena�ted subsequent to �he date of this De�d o�
<br /> T�ust, this e�en� shafl ha�e the same effect as an E�ent of Defaul�, and Lend�r may exe�cise any or all of its
<br /> a�ailable remedies for an E�ent o� ❑e�ault as pro�ided below unless Trust�r either �13 pays the tax before it
<br /> becames delinquent, or �2y contests �he tax as pro�ided abo�e �n the Taxes and Li�ns s�ction and deposi�s wi�h
<br /> Lender�ash or a suffi�ient corporate surety bond or other securi�y satisfactory t� Lender.
<br /> SECURITY AGREEMENT; FINANGING STATEMENTS. The following pro�isions relating to this ❑eed o� Trust as a
<br /> security agreement are a part a�this Deed o�Trust:
<br /> Se�uri#y Agreemen�. This instrument shail constitute a Security Agreement to the extent any of the Property
<br /> constitut�s �ixtures, and Lender shall ha�e a�( o�the rights of a secured party under the �nif�rm Commercial Code
<br /> as amended from time�o�ime.
<br /> 5ecurity Interest. Upon reques� by Lend�r, Trustor sha[[ take whateWer action is reques�ed by Lender to perfec�
<br /> and con�inue Lender's s�curity in�eres� in the Rents and Personal Praperty. In addition to recording this Deed of
<br /> Trus� in the rea� property re�ords, �ender may, at any time and without �urther authoriza�ion from Trustvr, fil�
<br /> executed �ounterparts, capies or reprodu��ions of this Deed o� Trust as a financin� statement. Trustor shall
<br /> reimburse Lender for ali expenses incurred in perfec�ing or cantinuing �his secu��ty interest. Upon default, Trustor
<br /> shall nvt remvv�, s��er vr detach the Personal Property from the Property. Up�n default, Trustar shall assemble
<br /> any Personal Property nat a��ixed ta the Property in a manner and at a place reasona��y con�enient to Trustor and
<br /> Lende� and make it a�aifab�e �o Lende� within three �3� days after re�eipt vf written d�mand from Lender to the
<br /> extent permitted by applicable faw.
<br /> Addresses. The mailing addresses of Trusto� {de�tor� and Lender �secured partyy from which informa�ian
<br /> concerning �h� se�urity interest granted by this Deed ��Trust may be oh�ained 4each as required by �he LJniform
<br /> Commerciaf Code� are as sta�ed vn the first page o�this Deed v�Trust.
<br /> FURTHER ASSURANCES; ATTQRNEY-tN-FACT, The following pro��sions r��at�ng �o further assurances and
<br /> attorney-in-fac�are a part of this Deed of Trust:
<br /> Further Assurances. At any time, and frflm time to time, upan request of Lend�r, Trustor will make, exe�ute and
<br /> deli�er, or wi�� cause�o be made, �xecuted or deli��r�d, to Lender�r to L�nder's designee, and when reques�ed by
<br /> Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such tim�s and in such affices
<br /> and plaees as Lender may deem appr�priate, any and a�� such mortgages, deeds ❑f trust, security deeds, securi�y
<br /> agreements, financing stat�men�s, con�inua�ion statem�nts, instruments �f �urther assurance, c�rtifiicates, and
<br /> other documents as may, in the sole apinian of Lender, be necessary o�des�rab�e in order to effectuate, comple�e,
<br /> perfect, continue, or preser�e �1� Trustor's abligations under the Nate, this Deed �f Trust, and the Re�ated
<br /> Dacuments, and ��� the i��ns and security interes�s created by this ���d of Trust as �irst and priar liens on the
<br /> Property, whether now ovvned or herea�ter acquired by Trus�or. Unless prohibited by law or Lender agrees to the
<br /> c�ntrary in writing, Trus�or shaff reimbu�s� Lender far all costs and expenses incurred in conn�ction with the
<br /> mat�ers referred to in�his paragraph.
<br /> Atfiarney-in-Fact. I�Trustar fails to do any vf the things re�erred to in �he pr�ceding paragraph, Lend�r may do so
<br /> for and in �he name of Trustar and a�Trustor's expense. For su�h purpos�s, Trustor hereby irre�ocabfy appoints
<br /> Lender as Trust�r's attorney-in-�act for�he purpose of making, ex�cuting, deli�ering, filing, recvrding, and da�ng a��
<br /> ather �hings as may be necessary or desirable, in Lender's sole �pinion, to accomp�ish the ma�ters referred ta in
<br /> the preceding paragraph.
<br /> FULL PERF�RMANGE. If Trustor pays a(i th� Indebtedness, including withou� limita�ion all future ad�ances, when due,
<br /> and o�herwise per�orms all �he obligations imposed upon Trustor under this Deed af Trust, Lender shall execu�e and
<br /> deli�er to Trustee a request for full recon�eyance and sha�� execute and deli�er to Trus�or suitabf� statements of
<br /> �ermina�ian of any ��nancin� statement on file e�idencing Lender`s security interest in the Rents and the Personal
<br /> Property. Any recon�eyance fee required by law shall b� paid by Trustar, i�permitted by appli�able law.
<br /> EVENTS �F DEFAULT, Each a�th� fa�lawing, at Lender's optivn, shall c�nstitute an E�ent of ❑efault under this Deed
<br /> of Trust:
<br /> Paym�rtt De�ault. Trus�or fails to make any payment when due under the �ndeb�edness,
<br /> Other Defaults. Trustor fails to �omply with or ta per�arm any other term, obliga�ion, co�enant or conditivn
<br /> contained in this Deed of Trust or in any af the Relat�d D�cuments ar fio comply with ar #o perform any term,
<br /> oh�igation, co�enant o��ondition contained in any o�her agreemen�between Lender and Trusfior.
<br /> Gvmp��ance Defauit. Failure t❑ �amp�y with any other term, obliga�ion, co�enan� or cond�t�on cantained in �his
<br /> Deed �f Trust, the Note or in any❑fi the Related Documents.
<br /> �efau��on �ther Payments. Failure of Trustor within the�ime required by this Deed of Trust to make any paymen�
<br /> for�axes or insurance, ar any o�her payment necessary to pre�ent�il�ng o�or to�ffect discharge of any �ien.
<br /> De�au�t in Fa�or vf Third Parties. 5hould Grantor de�au�t under any loan, extension of cr�dit, security agreement,
<br /> purchase or sales agreement, or any ❑�her a�reement, in �a�or ❑�any other creditor or person that may materially
<br /> affe�t any of Grantar's property ❑r �ran�or's ability to r�pay the Inde�tedness or Grantar's ability to perform
<br /> Gran�or's abligations under this Deed vf Trust vr any of the Re�ated D�cuments.
<br /> False S�afiements. Any warran�y, represen�ation ❑r statement made ar furnished to Lender by Trustor or �n
<br /> Trus�or's behalf under �his Deed of Trus�or the Rela�ed a�cuments is false or misleading in any materia� respect,
<br /> either naw or at the time made ar furnished or becomes �a�se or m�sleading at any time�hereafter.
<br /> De�e�ti�e Co�lateraliza�ivn. This Deed of Trust or any o� �he Related Documents ceases to b� in fu�� force and
<br /> effect �includ�n� failure of any colla�eral d�cument �a c�eate a �alid and perfe�ted security interest ❑r I�en} at any
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