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2� 1 ��4592
<br /> DEED �F TRUST
<br /> {�orltinued� Page 4
<br /> Lender such instrumen�s and documentativn as may be requested by Lender fram time to t�me to permit such
<br /> part�cipativn.
<br /> Appiicativn of Ne� Proceeds. If aii or any part of the Proper�y is condemned by eminent damain proceedings �r �y
<br /> any proceeding or purchase in fi�u o�condemnativn, Lender may a�i�s ele�tivn requir�that a�l or any portion o�the
<br /> net p�oceeds of the award be app�ied to the Indebtedness or �he repair or r�storation o� the Praper�y, The net
<br /> proceeds o#the arrvard shall mean �he award a�ter payment �f all reasonable costs, expens�s, and a�tarneys' fees
<br /> incurr�d hy Trus�ee or Lender in connection with the condemna�ion.
<br /> 1MP�SiTI�N �F TAXES. FEES AND CHARGES BY GQVERNMENTAL AUTHaRITIES. The fflliowing pro�isions relat�ng
<br /> to go�ernmental�axes, fees and charges are a par�of�his Deed ❑f Trust:
<br /> Current Taxes, F��s and Charges. �pon �eques� by Lender, Trustor shal[ execute such documen�s in addition to
<br /> this Deed vf Trust and take whate�er other ac�ian is requested by Lender to per�ect and cantinue Lender's f�en an
<br /> �he Real Prvperty. Trustor shall reimburse Lender �or all tax�s, as described be�vw, together with aff expenses
<br /> incurred in recording, per�ecting ar con�inuing this Deed of Trust, includ�ng without limitation all �axes, fees,
<br /> documen�ary s�amps, and ather charges for recording or registering this Deed o�Trust.
<br /> Taxes. The fallowing shall �onst€tut� taxes to which �his section applies: �1 y a specific tax upon this type of
<br /> Deed o�Trus� �r upon aff or any part of the lnde��edness secured by this Dsed af Trust; �2� a spe�ifi� tax on
<br /> Trustor which Trus�or is authorized or required to deduct �rom payments on�he �ndebtedness secured by this type
<br /> of Deed o�Trust; �3� a tax on this typ� a�D��d v�T�ust chargeahle agains�the Lender or th� h�lde�nf the Note,
<br /> and {4y a spec��ric �tax on all or any portion o'��he lnde�tedness or on paymen�s of principal and interest rr�ade by
<br /> Trus�vr.
<br /> Subsequen# Taxes. lf any tax to which this section appli�s is ena�ted subsequent to the date a� this Deed of
<br /> Trust, this e�ent sha�l ha�� �he same effect as an Euent of ❑e�ault, and Lender may exercise any o� all of its
<br /> a�ailable remedies fvr an E�en� of Default as prv�id�d be�ow unl�ss Trustor either ��} pays the tax bef�re it
<br /> becomes delinquent, or �23 con�es�s the tax as pro�ided abo�e in �h� Tax�s and Liens section and deposits with
<br /> Lender cash or a suf�icient corparate surety bvnd vr other security satis�actvey to Lender.
<br /> SEGURlTY AGREEMENT; FlNANC1NG ST►4TEMENTS. The follow�ng pro��sions reiating t❑ �his Deed of Trust as a
<br /> security agreemen�are a part a�this Deed af Trus�:
<br /> Security Agreement. This instrument shall cons�i�u�e a Se�urity Agre�ment to the extent any of the Prvpe�ty
<br /> const�tutes fix�ures, and Lender sha�l ha�e all of�he rights vf a secured party under the Uniform Commercia! Code
<br /> as amended from time to time.
<br /> 5ecur'rty Interest. Upvn request by Lender, Trustv� shall take wha�e�er action is requested by Lender �o perfect
<br /> and �ont�nue Lender's security inter�st in the Rents and Personal Proper�y. In addition to r�cording this Deed of
<br /> Trust in the real prvper�y records, Lender may, at any tim� and withvut fur�her au�hori�ation �rom Trustor, file
<br /> exe�uted counfierparts, copies or reproducti�ns o� �h�s �3eed o� Trust as a �inancing statem�nt. Trus�or shafl
<br /> reimburse Lender for all expenses incurred in per�ecting or cont�nuing this s�curi�y in�erest. Upon default, Trustor
<br /> shall not remo�e, se�er or detach the Personal Property from the Property. lJpvn defiault, Trustar shall assemble
<br /> any Persanal Property nat afifixed �o�he Pr�perty in a manner and at a place reasanably �on�enient ta Trustor and
<br /> Lender and make it a�ailable to Lender wi�hin three �3� days after receipt o� written demand �rvm �ender to the
<br /> extent permitted by applicahle law.
<br /> Addresses. The mailing addr�sses a� Trustar �debtar} and �ender �secured party3 �rom which infvrmati�n
<br /> concerning �he security interest granted by '�his Deed �f Trust may be �b�ained �each as required by the Uniform
<br /> Commerciaf Code� are as sta�ed vn th�first page af th�s Deed af Trust.
<br /> FURTHER A55URANCES; ATT�RNEY-iN-FACT. The following pro�isions relating �o further assurances and
<br /> attorney-in-fac�are a part��this Deed of Trust;
<br /> Further Assurances. At any time, and from time to time, upvn request of Lender, Trustor will make, execute and
<br /> defi�er, or wi�� cause to be mad�, executed or deli�ered, �o Lender vr to Lender's designee, and when requested hy
<br /> Lender, cause ta he filed, rec�rded, refiled, ar rerecorded, as the case may be, at such �imes and in such off�ces
<br /> and places as Lender may deem appropriate, any and ai! such mortgag�s, deeds af�rust, security deeds, security
<br /> agreements, finan�ing statements, �on�inuation statements, instruments of further assuran�e, certi�icates, and
<br /> other docur�ents as may, in the sale opinion of Lender, be necessary or d�s�rable in vrder ta effectuate, cample�e,
<br /> per�e�t, con�inue, or pr�s�r�e �1} Trustor's obligativns under �he Note, �his Deed of Trust, and �he Rsla�ed
<br /> D�cuments, and ��� the liens and security interests crea�ed by this ❑eed o�Trust as �irst and prior liens on �he
<br /> Property, whether now owned or herea�ter acquired by Trustor, Unless prahibited by law or Lender agrees �a the
<br /> contrary in writing, Trustar shall reimburse Lender fflr all cvsts and expenses inCurred in connecfion with th�
<br /> mat�ers referred to in this paragraph.
<br /> Attorney-in-Fa�t. I�Trustor�ails to d❑ any of th� things re���red tfl in the preceding paragraph, Lender may da so
<br /> for and in �he name o�Trustor and a�Trus�vr's expense, For su�h purposes, Trustor hereby irre�ocably appain�s
<br /> Lender as Trustor's attorney-in-fa���or the purpose af making, ex�cut�ng, de���ering, filing, recording, and doing all
<br /> �ther things as may be necessary or desirable, in Lender's sole opinion, to a��omplish the ma��ers referred ta in
<br /> the pre�eding paragraph.
<br /> FULL PERFDRMANCE. If Trustor pays afl the Indebtedness, including wi�hout limitation a�f �utu�� ad�an�es, when due,
<br /> and otherwise performs all �he ❑bligations impased upon Trustvr under this Deed of Trust, Lender shall exe�ute and
<br /> deli�er to Trustee a request for full recon�eyance and sha�� exe�ute and deli�er to Trustor suitahle statements of
<br /> termination of any financing statement on file e�idencing Lend�r's secur�ty interest in the Rents and the Pers�nal
<br /> Pr�perty. Any recon�eyance�ee �equ�red by law shall be paid by Trust�r, if permitted hy applicable law.
<br /> EVENTS DF DEFAULT. Each af the following, at Lende�'s option, shall consti�ute an E�ent-a� Default under this Deed
<br /> of Trust:
<br /> Payment Default. Trustor fails�a make any payment when due under the Indebtedness.
<br /> ��her Defaults. Trustor fails to comply with vr to per�arm any other term, a�liga�ivn, ca�enant or �ondi�ion
<br /> contained in this Deed o� Trust or in any ofi �he Related Docum�nts ❑r ta comply wi�h ❑r �❑ perform any term,
<br /> ob�igation, ca�enant o�condition contained in any other agreem�nt betwe�n Lender a�d Trustor.
<br /> Compfian�e Default. Faifure to compiy with any other term, obligation, co�enant or cvndition �ontained in th�s
<br /> ❑eed o�T�ust, the Note or in any��th� Re�ated ❑ocuments.
<br /> De#au�t on[3#h�r Paymen�s. Failure of Trustor within the time required by this ❑eed af Trust to mak� any payment
<br /> �or taxes o�insurance, or any other payment necessary to p�e�ent f�ling of or�o eff�ct discharge of any lien.
<br /> L]Qfaul� in Fa�nr nf Third Par�ies. 5hould Grantor defau(t under any �aan, extension of �redit, security agreement,
<br /> purchase or sales ar�reemen�, or any other agreement, in fa�ar ��any other credi�or or p�rson that may ma�erially
<br /> affect any of Grantv�'s proper�y or Grant�r's abi[�ty to repay the Indebtedness vr Grant�r's ability to perform
<br /> Grantvr's vbligations under�his Deed of Trust or any o�the R�lated Do�uments.
<br /> False Statemen#s. Any warranty, representation or statement made or �urnished to Lender by Trustor ❑r on
<br /> Trustvr's b�hai� under this Deed of Trust or the Related Documents is false ar misl�ading in any material respect,
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