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2� 1 ��4�98
<br /> DEED �F TRUST
<br /> {�ant�nu�d� Page 4
<br /> Lender such instruments and dacumentation as may be requested by Lender �rom time to time �o permit such
<br /> part�cipati�n.
<br /> Applica�ivn o#Net Pr�ceeds. Ifi all or any part vf�he Property is condemned by �minent domain pr�ce�din�s or by
<br /> any proce�ding ❑r purchase in lieu of candemna�ian, Lender may at its��ect�an �equire that all or any portion o�the
<br /> net prviceeds af the award be applied to the �ndebtedness or the repair ar restoratian af �he Property. The n�t
<br /> proceeds of th� awa�d shall mean the award a�fter payment of a�1 reasanahie costs, expenses, and atto�neys' €ees
<br /> incurred by Trustee❑r Lender in�vnnectivn with the condernnat�on.
<br /> [MP�S[TI�IV �F TAXES, FEES AND CHARGES BY GDVERNMENTAL AUTH�RITIES. The �ollawing pro�is�ons relating
<br /> t❑ go�ernmenta! taxes, fiees and charges are a part o�this Deed of Trust:
<br /> Current TaxQs, Fees and Charges. Upon request by Lender, Trustor shall execute such documents in addition to
<br /> this Deed of Trust and take whateWer�th�r action is requested by Lender ta perfect and cvn�inue Lender's lien on
<br /> the Real Property. Trustor shall reimburse Lender for af� taxes, as described below, together with a�� expenses
<br /> incurred in recording, perfecting or continuing this Deed o� Trust, inciuding withou� Iimitation all �axes, fees,
<br /> dvcumentary stamps, and other charges for recording or registering this ❑eed of Trus�.
<br /> Taxes. The �o�lowing shall cons�i�ute �axes to which this section appiies: �'i� a specific tax upon �his �ype of
<br /> Deed ofi Trust or upon all or any part of the Inde�tedness secured by this Deed of Trust; ��� a specific tax on
<br /> Trust�r which Trustar is au�horized �r r��uir�d tv deduct-�rom payments an the (ndeb�edness secu�ed by�his �ype
<br /> �f Deed o�F Trust; 43� a tax an this type o� Deed o�T�ust chargeable agains�th� Lender ar�he ho�der of the N�t�;
<br /> and �4y a spec��i� tax on all or any portion of the �ndebtedness or �n payments of principal and interest made by
<br /> Trustor.
<br /> Suhsequen� Taxes. 1� any tax to which this secti�n applies is enact�d subsequent to the da�e of �his Deed of
<br /> T�ust, this e�ent sha(� ha�e the same effect as an EUent of Default, and Lender may exercise any �r a�� o� its
<br /> a�ai�al�le remedies for an E�ent af ❑efault as pra�ided belaw unless Trusto� e�ther �1} pays �he tax before �t
<br /> becomes delinquent, or �2� contests �he tax as pro�ided abv�e in the Taxes and Liens section and depvsits with
<br /> Lender cash or a sufficient corporate surety �ond or o�her security sa�isfa�tary to Lender.
<br /> SECURITY AGREEMENT; FINAN�ING STATEMENTS. The following pro�isions rela�ing to this �eed of Trus� as a
<br /> security agreement are a part of this Deed of Trust:
<br /> Secu�ity Agreement. This instrument shall const�tute a Security Agreement to �he ex�ent any o� the Property
<br /> cons�itutes fixtures, and Lender shall ha�e all �f the rights of a secured party under the Unif�rm Comme�cial Gode
<br /> as amended from time ta time.
<br /> Se�urity Interest. Upan request by Lender, Trus�vr shall take whate�er act�an is requested hy Lender to p�r�e�t
<br /> and continue Lender's s�curity int�rest in the Ren�s and Personal Pr�p�rty. In addition to recording this Deed o�
<br /> Trust in fihe real property re�ords, Lender may, at any �ime and wi�haut �urther author�zatian fram Trustor, f�fe -
<br /> execut�d Counterparts, copies or reprodu�tions o� this ❑eed of Trust as a financing statement. Trus�or shaff
<br /> reimburse Lender tor all expenses incurred in per�ecting or �ontinuing this security interest. Upon default, Trust�r
<br /> shall nQt remo�e, se�er �r de�ach the Personal Property f�am the Property. lJpon default, Trustor shall assemble
<br /> any Persvnal Pr�perty not affixed to the Prap�rty in a rnann�r and at a plac� reasanably c�n�eni�nt ta Trustor and
<br /> Lender and make it a�ailahle tv Lender wi�hin three �37 days a�te� receipt �� written demand from Lender t❑ the
<br /> extent permitted by app�i�able law.
<br /> Addresses. The mailing addresses of Trus�or �deb�ar} and Lender �secu��d party} from which in�ormation
<br /> concerning the security interest granted by this ❑eed of Trust may be obtained �each as required hy the Uni�orm
<br /> �ommercial Cade} are as stat�d on the first page af�his Deed of Trust.
<br /> FURTHER A55URANCES: ATT�RNEY-IN-FACT. The follorrving pro�isions relating to further assurances and
<br /> a��arney-in-fact are a par�of this Deed o�Trust:
<br /> Furth�r Assurances. At any time, and from time to ��me, upon r�quest of Lender, Trus�ar will make, execu�e and
<br /> deli�er, or will cause to be made, exe�u�ed or deli�ered, to Lender or to Lender's designee, and when requested by
<br /> Lender, cause to �� fi(ed, r�corded, re�fil�d, or rerecorded, as th� case may be, at such times and in such of��ces
<br /> and piaces as Lender may deem appro�riate, any and all such mar�gages, deeds a�trust, security deeds, security
<br /> agr�ements, financing sta�ements, continuation statements, ins�trumen�s af furth�r assurance, certificates, and
<br /> o�her documents as may, in�he s�ls opinion �f Lender, be necessary ar desirable in order to e��ectuate, �ample�e,
<br /> perfect, continue, or preser�e �'�y Trustor's oh�igat�ons under the No�e, this Deed of Trust, and the Rela�ed
<br /> Dacumen�s, and 423 the liens and securi�y int�rests created �y th�s ❑eed of Trus�t as first and pr�ar liens an the
<br /> Property, whe�her n�w own�d ar hereaf�er acquired by Trustor. Unless prohibited by law or Lender agrees to �he
<br /> ��ntrary in wri�ing, Trustor sha�� reimburse Lender �or all �osts and exp�nses incurred in connec�ian with the
<br /> matters referred to in this paragraph.
<br /> Atto�ney-in-Fact. I�Trustor�ails ta do any o�th� thin�s r��a��ed �o in the preceding paragraph, L�nd�r may do so
<br /> for and in �he name o�Trustor and a�Trus�or`s expense. For su�h pu�poses, Trustar hereby irre�ncab[y appoints
<br /> Lender as Trus�or's a�tarney-in-#act for the purpose of�naking, executing, deli�ering, f��ing, recording, and doing all
<br /> ❑ther things as may be necessary or desirable, in Lender's sole opinion, to acc�mpfish the matters referred to �n
<br /> the pre��ding paragraph.
<br /> FULL PERFQRMANCE. !f Trustar pays all the Indebt�dn�ss, inc�uding withoufi limitation all future ad�ances, when due,
<br /> and o�herwise performs all the ❑bliga�ions imposed upon Trusto� under this Deed af Trust, Lender sha�l execute and
<br /> de�i�er to Trustee a requesfi for full recan�eyance and shall execute and de�i�er tv Trustor suitable statements of
<br /> term�nativn vf any financing statemen� on file �videncing Lend�r's security interest in th� Ren�s and the Personal
<br /> Property. Any recan�eyance�ee required by law shall be paid by Trustar, if permitted by applicak�le law.
<br /> EVENTS �F DEFAULT. Each o�the �vllowing, at Lender's op�ion, shall constitute an E�ent o� Default under this Deed
<br /> of Trust:
<br /> Payment Default. Trus�or fails to mak� any payment when due under the �ndeb�edness.
<br /> 4ther Defaults. Trustvr fails ta c�mpfy with or to perform any other term, obligation, co�enant or �ondition
<br /> contained in this Deed of Trust or in any of the R�iated Docum�nts or to comply with ar fio per�orm any term,
<br /> �bligativn, c��enant ar condition con�ained in any other agreement�etween Lender and Trus�or.
<br /> Compliance Defaul#. Failure to comply wi�h any oth�r term, obligat�on, co��nant ar condi�ion contained in this
<br /> Deed of Trus�, �he Not�or in any of the Rela#ed Documents.
<br /> ❑e#ault�n �ther Payments. Fai�ur� of Trus�ar wi�hin the time r��uir�d by th�s Deed o�Trust to make any payment
<br /> for taxes or insuranc�, ar any other paymen�necessary ta pre��nt filing of or to ef�ect discharge vf any li�n.
<br /> Default in Fa�ar of Third Parties. 5hauld �rantor default under any foan, extension af �redi�, security ag�eemen�,
<br /> purchase ❑r sa�es agreement, or any other agreement, in fa�or of any ather credifiar or person �hat may mat�rially
<br /> affec� any �� Grantor's property �r Grantor's abi�ity to repay the lndebtedness vr Grantor's abi��ty to perform
<br /> Gran�or's obfigat�ons under this De�d of Trust ar any o�the R�lated Do�uments.
<br /> False Statemen#s. Any warranty, representation ar statement made or furnished to Lender by Trustor �r �n
<br /> Trus�or's beha[� under this Deed of Trust or the Reiated Documents is false ar misleading �n any material respec�,
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