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2� 1 ��4121
<br /> DEED C3F TRUST
<br /> {�ontinu�d� Page 4
<br /> Defense ❑� Title. 5ubject to the exception in �he paragraph ab��e, Trustor war�ants and will fore�er defend the
<br /> title to the Property against �the lawful claims of all pers�ns. ln th� e�ent any action a� proceeding is commenced
<br /> that c�uestians Trustv�'s title or the €nterest of Trus�ee or Lender under this Deed of Trust, Trus�or shall d���nd�he
<br /> action at Trusto�'s expense. Trustor may be �he nominal party in such proceeding, but Lender shall 1�e entit�ed ta
<br /> participate in �he proceeding and to h� represen�ed in �he proceeding by counsei of Lender's own choice, and
<br /> Trustar wi�� deli�er, ar�ause�❑ be deli�ered, to Lender such �nstruments as Lender may reques�from time tfl time
<br /> ta permit such participa�ion.
<br /> Campl�an�e 1Ni#h Laws. Trus�or warrants that the Property and Trusto�'s use of the Praperty c�mpii�s with a11
<br /> existing applicable laws, ordinances, and regulations of go�ernmenta� authorities.
<br /> Surr�i�al af Representativns and Warran�ies. Alf representati�ns, warrant�es, and agreements made by T�ustor in
<br /> this Deed of Trust shall sur�ive �he execution and deliuery o�th�s ❑eed o�Trust, shall be continuing in natur�, and
<br /> shaf[ remain in�ull fvr�e and effec�until such tim� as Borrnw�r's Indebtedn�ss shall be paid in full.
<br /> C�N�EMNATi�N. The following pro�isions relating ta c�ndemnation proceedings are a part of this Deed o�Trust:
<br /> Prviceedings. �� any pro�eeding in cvndemna�ion is filed, Trust�r sha�1 prompt�y notify Lender in writing, and
<br /> Trus�or shafi promptly take such s�eps as may be n�cessary to d�tend th� action and obtain the award. Trustor
<br /> may be�he nomina� party in such proceeding, hu�Lender shall be entitled to participate �n the proceeding and to be
<br /> represented in the p�oceeding by cvunsel of its own choice, and Trustor will deli�er or cause to �e deli�ered to
<br /> Lender such instrum�nts and documentation as may be reques�ed by Lender from time ta time to permit such
<br /> participa�ion.
<br /> Application of Net Praceeds. I�F a�l o� any part of the Praperty is condemned by eminent domain proceedings �r by
<br /> any praceeding or purchase in [i�u o�c�nd�mnation, Lender may at i�s elec�ian require�hat all ar any portion of the
<br /> net proceeds of the award be applied ta th� Indebtedness o� the r�pair ar restoratian af the Prop�rty. Th� net
<br /> proceeds o��he award shall mean the award after paym�nt o�a�� reasonahl� costs, expenses, and att�rneys' fees
<br /> inGurred �y Trustee or Lender in cvnnec�ion wi�h�he condemnation.
<br /> IMPaStT��N QF TAXES, FEES AN❑ CHARGES BY G�VERNMENTAL AUTHaRITIES. The fo�lowing pro�isions relating
<br /> �a go�ernmen�al �axes, �e�s and �harg�s are a par�of this Deed af Trus�:
<br /> Current Taxes, Fees and Charg�s. lJpon reques�t by Lender, Trus�ar shall execute such documents in addition to
<br /> this ❑eed of Trust and take whate�er other action is reques�ed by Lender to perf�ct and c�nt�nue Lender's lien on
<br /> the Real Pr�perty. Trustar shaI� reimburse Lender for all taxes, as described belaw, together with all �xpenses
<br /> incurred in recording, perfe�t�ng or continuing this Deed of Trust, �ncluding without limitation a!! taxes, �ees,
<br /> documentary stamps, and other charges�or recording or registering this Deed of Trust.
<br /> Taxes. The #ollowing shall consti�ute taxes to which th�s section applies: �1� a specific tax upon this type of
<br /> Deed o�Trust ❑r upon all or any part of the lndebtedness secu�ed by this ❑e�d of Trus�; ��y a sp�ci�ic �ax ❑n
<br /> gorrower which Borrower is au�horized or requir�d to d�duct �ram payments on the i ndebtedness secured by this
<br /> type of Deed o�Trust; �3� a tax on this type ❑f Deed of Trust chargeab�e against�h� Lender or the holder o�F�h�
<br /> No�e; and �4f a spe�ifi� tax on all or any portivn of the Indebtedness or on payments ❑f principal and inter�st
<br /> made by Borrower.
<br /> Subsequent Taxes. ff any �ax to which this section applies is ena��ed subsequent to the date of this Deed of
<br /> Trust, this e�ent shall ha�� th� same effe�t as an EWent ❑� Defaulfi, and Lender may exercise any or all of i�s
<br /> a�ailable remedies for an E�en� of D��ault as pro�ided below unless Trustor ei�her 4�y pays the tax before i#
<br /> becomes delinquent, �r �2y con�ests the tax as pro�ided aba�e in �he Taxes and Liens section and deposits with
<br /> Lender cash or a sufficient corporate surety b�nd �r�ther security sat�s�acto�y to Lend�r.
<br /> SECURITY AGREEMENT; FINANCING STATEMENTS. The following pro�isions refating to this Deed of Trust as a
<br /> security agreement are a part of th�s D�ed o#Trusfi:
<br /> 5e�uri#y Agreement, This instrument shai� const�tute a 5ecurity Agreement ta �he exten� any a� the Property
<br /> constitutes �ixtures, and Lender shall ha�e afl o�th� rights fl� a secured party under the Uniform Cvmmerc€ai Code
<br /> as amended�rom time ta fiime.
<br /> Security [n�erest. Upon �equest hy Lender, Trustar shall take wha�e�er a�tion is requested hy Lender to perfect
<br /> and continue Lend�r's security interest in the Rents and Personal Property. in addi�ion to recording this iJeed of
<br /> Trust �n the real pr�p�r�y records, Lender may, at any time and withaut further au�horization �rom Trustor, file
<br /> �xecuted counterparts, copies or reproductions af this Deed o� T�ust as a financing statemen�. Trustor shall
<br /> reimburse Lend�r for al! expenses incurred in perfecting or c�ntinuing th�s security interest. Upon defauit, Trustor
<br /> shall no� remo�e, se�er or detach the Persanal Property from the Property. Upon default, Trus�or shall assemb�e
<br /> any Personal Property not a�#�xed to the Prvperty in a r�anner and a� a place reasonably con��nient to Trustor and
<br /> Lender and make it a�ailab�e to Lender within three �3� days after receip� of written demand from Lender to the
<br /> ext�nt p�rmitted by applica�ie law.
<br /> Addresses. The mailing addresses af Trustor {debtor� and Lend�r �s�cured party} from which in�ormation
<br /> con�erning the security interest �ranted by this ❑eed of Trust may be obtained �each as required by the Un��orm �
<br /> Commercial Code7 are as stat�d on the firs�page of this Deed of Trust.
<br /> FURTHER ASSURANCES; ATT�RNEY�IN-FACT. The following pro�isi�ns relating to �urther assurances and
<br /> attorney-in-fa�t are a part❑f this ❑eed of Trust:
<br /> Further Assurances, A� any tim�, and from �time to -�ime, upon request of Lender, Trustor will make, execute and
<br /> deli��r, or will cause�o be made, executed or de�i�ered, to Lend�r or to Lender's designee, and when requested by
<br /> Lender, cause �o be filed, r��orded, refiled, or r�recorded, as the case may be, at such times and in such ❑�fices
<br /> and places as Lender may deem apprapriate, any and all su�h mortgages, deeds of trust, s�curity deeds, se�urity
<br /> agreemen�s, financing statements, �ontinuation staterr-tien�s, ins�rumen�s of �further assurance, certifica�es, and
<br /> other documents as may, in the soie opinion o� Lender, t�� necessary or desirable in arder to e��ectuate, compl�te,
<br /> perfect, cont�nue, ar preser�e �'�� Borrow�r's and Tr�sto�'s ab��gations under the No�e, this Deed o� Trust, and
<br /> the Relat�d Dacuments, and 4�y the liens and security int�rests �reated by this Deed of Trus� as �irst and prior
<br /> �iens ❑n the Property, whether now owned �r hereafter a�quired by Trustor. Un�ess prvhibi�ed by law o� Lender
<br /> agrees to the contrary in writing, Trus�or shall reimburse Lender for alf costs and expenses incurred in conneGtion
<br /> with the ma��ers referred ta �n this paragraph.
<br /> Attvrney-in-Fa��. �f Trustor fails to do any v��he things referred to �n the preceding paragraph, Lender may do sv
<br /> for and in th� name of Trustor and at Trust�r's expense. For such purpos�s, Trustor hereby irre�ocably app�in�s
<br /> Lender as Trustor's attvrney-in-fac�far the purpose a�making, executing, deli�ering, �iling, recording, and doing all
<br /> nther things as may be ne�essary ar desirable, �n Lend�r's sole opinivn, tv ac�omplish �he matters referred �o in
<br /> the preced�ng paragraph.
<br /> FULL PERF�RMANCE. If Borrawer and Trust�r pay ai� �he �ndebtedness, including without limitation all fu�ure
<br /> ad�ances, when due, and Trustor otherwise performs all the obligat�ons imposed upon Trustor under this Deed o�Trust,
<br /> Lender shall �xecute and deli�er ta Trus�ee a �eques� far �ull recon��yance and sha�! execute and deli�er �a Trustor
<br /> suitable statemen�s �f term�nation of any financing s�a�emen� on file e�idencing L�nder's security interest in the Rents
<br /> and �he Pers�nal Prap�rty. Any re�an�eyance fee required by Iaw shall he paid by Trustor, i� permitted by applicable
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