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2� 1 ��41 ��
<br /> DEED �]� TRUST
<br /> �Continued� Page 4
<br /> act�on at Trusfior's expens�. Trustor may be the nvminal par�y in such proce�ding, hut Lender shall be entitl�d �a
<br /> part+cipate �n the pro�eeding and �o b� represen�ed in the proceeding hy counsel o� Lender's own choice, and
<br /> Trustvr will deli�er, or cause to be deli�ered, �o Lender such ins�ruments as Lender may request fram �ime to time
<br /> to permit such participat�an.
<br /> Comp�iance With Laws. Trustor warran�s �hat �he Proper�y and Trustor's use a� the Property complies with ail
<br /> existing applicable faws, ordinances, and regulations of go�ernmental authorities.
<br /> Sur►�i�ai vf Representativns and Warranties. All repres�n�ations, warranties, and agreements made by Trustor in
<br /> this Deed of Trust shali su��i�e the execution and deli�ery of this Deed of Trus�, shall �e continuing in na�ure, and
<br /> sha�l remain in full force and e�fect until such time as Barrower's �ndeb�edness shall be paid in�uil.
<br /> C�IVDE�JINATI4N. The f�ll�wing p�o�is�ons relating to condemnatian pro�eedings are a part of th�s Deed af Trust:
<br /> Prviceedings. If any pr�ceeding �n cand�mnat�on is fiiled, Trustor shall promp�ly notify Lender in writing, and
<br /> Trustor shall pramp�ly tal�� such steps as may be necessary to defend the ac�ion and obtain the award. Trustor
<br /> may be the nominal party in such proceeding, but Lender shall be entitled to participa�e in�he proceeding and to be
<br /> repr�sented in the praceeding by c�unsel o� its awn ch��ce, and Trusfior will deli�er ar caus� t� be deli�ered to
<br /> Lender such �nstruments and documen�ation as may he requested by Lender from time �o time to permit suGh
<br /> par�icipation.
<br /> Applicat�on vf Ne#Prv�eeds. If all or any par#af the Property is condemned by eminent domain proceedings or by
<br /> any prv�eeding or purchas� in lieu of condemna�ion, Lender may at its election ���uire that all or any portion vf the
<br /> net proceeds of the award b� applied ta the �ndeb�edness or th� r�pair or restoration of the Property. The net
<br /> pra�eeds of the award shall mean the award after payment af all reasonable costs, expenses, and attorneys' fees
<br /> incurred by Trustee ar Lender�n connection with the condemna�i�n.
<br /> 1MP�SIT��N �F TAXES, FEES AND CHARGES BY G�VERNMENTAL AUTH�RtTlES. The fol�awing pro�isions relating
<br /> tv g���rnm�ntal taxes, fees and charges are a part of this Deed vf Trust:
<br /> Current Taxes, Fees and Charg�s. Upon r�quest by Lender, Trustor shall exe�ute such documents in addi�ian t�
<br /> this �eed o�Trust and take whate�er❑ther a�tion is requ�sted �y Lender to perfect and continue Lender's lien on
<br /> the Real Property. Trustar shall reimburse Lender for aff taxes, as descril��d below, fiogether with a�l expenses
<br /> incurred in recordin�, perfecting �r con�inuing this D�ed v� Trust, incfuding withou� Iimitation a�l �axes, �ees,
<br /> dvcumentary sfiamps, and ather charges for recording or regis�ering th�s D��d a�Trust.
<br /> Taxes. The folfawing shall consti�ute taxes �o which this sectian applies: t 13 a speci�fic tax upon this type of
<br /> De�d of Trus� or upon aIl or any part �f the Indeb�edness secur�d by this Deed o�Trust; {2} a specific �ax ❑n
<br /> B�rrower which Borrawer is authar�zed or required to deduc# fr�m payments on the Indebtedness secured by th�s
<br /> typ� o� Deed ofi Trust; t3y a �ax on th�s �ype o� Deed o�f Trust chargeable against the Lender or the holder of the
<br /> Nate; and �4} a specifi� tax an alf or any portion o� �he lndebtedness or on paym�nts ❑f pr�ncipal and interest
<br /> made by Borrower.
<br /> Subsequent Taxes. l� any tax to which this section appli�s is enacted subsequent to the date af this Deed of
<br /> Trust, �his ��ent shaf� ha�e the same effe�# as an EWen� of De�ault, and Lender may exercise any or a�� a� its
<br /> a�ailahle remedies for an E�ent of D��ault as pro�ided below unless Trustar either �1} pays the �ax befare it
<br /> be�omes delinquent, or �Zy contests the tax as pro�ided abo�e �n the Taxes and Liens section and deposits with
<br /> Lender cash or a suffiCien�corporate surety bond nr ather security satisfa��ory to Lender.
<br /> SECURITY AGREEMENT; FINANCtNG STATEMENTS, The �al(owing pro�isions relating to �his Deed o� Trus� as a
<br /> security agreement are a part of this Deed of Trust:
<br /> Securi#y Agreement. This instrument shail constitute a 5ecurity Agreem�nt to the extent any of the Property
<br /> const�tutes fixtures, and Lender sha[� ha�e a�� o�the rights of a secured party under�he LJn�form Commercial Cod�
<br /> as amended #rom time�o�ime.
<br /> Secu�ity Interest. Upan reques� by Lender, Trustor shall take whate�er action is requested by Lender to perfec�
<br /> and �ontinue Lender's security interes� in �he Ren�s and Pe�s�na� Property. In addifiion to rec�rding this Deed af
<br /> Trust in �he reai property re�ords, Lender may, a� any time and without �urth�r authorizati�n from Trustor, �ile
<br /> executed ��un�erparts, cop�es or reprodu�tians af this Deed of Trus� as a financ�n� statement. Trustor sha��
<br /> r�imburse Lender�or all exp�ns�s incu��ed in perfecting �r continuing this se�urity in�erest. Upon default, Trustor
<br /> shall not remo�e, se�er or de�a�h th� Persona� Property from the Property. lJpon default, Trustor shall assemble
<br /> any Personal Proper�y nat affixed to the Property in a rnanner and at a p�ac� r�asonably �on�enient t� Trustar and
<br /> Lender and make it a�ailal�le to Lender wi�hin three �3� days after receipt ❑f written demand �ram Lender �o the
<br /> �xtent permi�ted by app�i�able law.
<br /> Add�esses. The maifing addresses o� Trustor �debtor� and Lender �secured party� �ram which information
<br /> c�ncern�ng th� securi�y interest granted hy �his Deed o� Trust may be obtained teach as r�quired by the Unif�rm
<br /> Commercia� Code� are as s�a�ed on the first page af this ❑eed❑�Trust.
<br /> FURTHER ASSURANCES; ATT�RNEY-fN�FACT. The following pro�isions re�ating �o further assurances and
<br /> attarney-in-fact are a part❑�th�s ❑eed of Trust:
<br /> Further Assurances. At any time, and from tim� �o time, upon request �f Lender, Trus�or wil� make, execute and
<br /> deli�er, or�rv�i1 cause to be made, executed or de€i��r�d, ta Lender or�o Lender's designee, and when �eques�ed by
<br /> Lender, cause �o be filed, recorded, refiled, or rerecorded, as �he case may be, at su�h times and in such �ffices
<br /> and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, securi�y d�eds, security
<br /> agreements, financing statements, continuation sta�emen�s, ins�rumen�s af further assurance, certifica�es, and
<br /> other documents as may, in the soi� opinion ❑� L�nder, be necessary or desira�le in order to e��ectuate, complete,
<br /> perfect, cont�nue, or preser�e ��y Borrower's and Trustor's ob�igations under the Note, this Deed o� Trust, and
<br /> �he Rela�ed Documents, and �2} the liens and security in�erests created by this ❑eed o�Trus� as first and p�ior
<br /> liens an the Proper�y, whether now ❑wned or hereafter acquired by Trustor. lJnless proh��ited by law or Lende�
<br /> agrees to the con�rary in writing, Trustor shall reim�urse Lender�or all costs and expenses incurred in connection
<br /> with the matters referred to in this paragraph.
<br /> At�arney-in-Fact. If Trus�or fails to do any of the things re�erred to in the preceding paragraph, Lender may do s�
<br /> far and in the name o�Trustor and at Trus�or`s expense. For such purposes, Trustor hereby irrevocably appaints
<br /> Lender as Trus�vr's attorney-in-�act for�he purpose of rnaking, executing, deii�e�ing, filing, recording, and doing all
<br /> other things as may be necessary or d�siralale, in Lender's sole opinion, �� accomp��sh the matters referred to in
<br /> the preceding paragraph.
<br /> FULL PERF�RMAN�E. If Barrorrver and Trustor pay a�� �he Indebtedness, including without I�mitation all �uture
<br /> ad�an�es, when due, and Trus�or otherwise per�vrms aI1 the ob�igations imposed upon Trust�r under th�s Deed of Trust,
<br /> Lender shall execute and deli�er to Trus�ee a request �or fulI recon�eyance and shall �xecute and de���er to Trustor
<br /> suitahle sta��m�nts of terminatian of any financing statement on �ile e�idencing Lender's security interest in the Rents
<br /> and the Persona[ Property. Any �econ�eyance fe� r�quired by law shall be paid by Trustor, if perm�tted by applicabfe
<br /> iaw.
<br /> EVENTS �F DEFAULT. Each o�the follawing, a� Lender's op�ion, sha�I canstitute an E�en� of Default under this Deed
<br /> af Trust:
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