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2� 1 ��47�9
<br /> DEED C]F TRUST
<br /> �Continued} Page 4
<br /> any proceeding or purchas� in I�eu o�condemnation, Lender may at its election require that all or any portion o�the
<br /> net praceeds of �he aUvard be app��ed to the Indeht�dness or the repair or restoration vf �he Property. The net
<br /> pr�ceeds �f the award sha[� mean �he award a�ter payment �fi all reasonahle costs, �xpenses, and att�rn�ys' fees
<br /> incurred by Trustee or Lender in connection with the condemna�ian.
<br /> �MPOS�TI�N C�F TAXES. FEES AND CHARGES BY G�VERNMENTAL AUTH�RITIES. Th� €allowing pr��isions relat�ng
<br /> �a go�ernmen�al taxes, fees and charges are a part of this Deed of Trust:
<br /> Current Taxes. Fees and �harges. Upan request by Lender, Trus�or shall execute su�h documents in additian �o
<br /> this Deed of Trust and taks whate�er vther action is reques�ed by Lender�to perfec�and continue L�nder's l�en on
<br /> the Real Property. T�ustor shall reimburse Lender for all taxes, as described below, tog�ther with all expenses
<br /> incurred in �ec�rding, p�r�ecting vr �Qntinuing this Deed �f Trus�, including wi�hau� limi#ativn all tax�s, fe�s,
<br /> dvcumen�ary stamps, and other charges fvr recording or regis�ering this Deed vf Trus�.
<br /> Taxes. The f�llowing shali constitute taxes to which �his section applies: ��� a specific tax upon this type of
<br /> Deed �f Trus� or upon aII or any part o�the Indebtedness secured by this Deed of Trus�; {�} a specif�� �ax on
<br /> Trustor which Trustvr is authar�z�d or requ��ed to dedu�t frvm payments an the Indehtedness secured by th€s type
<br /> o�Deed af Trus�; �3� a tax on this�ype ❑�Deed o�Trust chargeabie againsfi the Lender or the holder of�h� Note;
<br /> and �4} a specific tax an all or any partion o��he (ndehtedness or on payments o� prin�ipal and �nterest made by
<br /> Trustor.
<br /> Subsequent Taxes. If any tax to which this section appli�s is enact�d subsequent �o the date �# this Deed flf
<br /> Trust, this e��nt shall ha�e �he same effe�t as an E�ent of Default, and Lender may exe�cise any o� all of i�s
<br /> a�ailable remedies #ar an E�en� of Default as pro�ided bel�w unless Trusfior either �1� pays th� tax before i�
<br /> becomes definquent, or {2� �ontests the tax as pro�id�d abo�e in the Taxes and Liens section and deposits with
<br /> Lender cash or a su���cient corporate surety bond or vther security satisfac�ory�o Lender.
<br /> SECUR�TY AGREEMENT; FINANCING STATEMENTS. The following pro�isions relating �o �his Deed o� Trust as a
<br /> s�curity agreemen�are a part of this Deed o�Trust:
<br /> Security Agreemen�. This instrument shall const�tute a Security Agreement to th� extent any af �he Pr�perty
<br /> constitut�s #ixtures, and Lender shaff ha�e alf a�F the rights o�a secured party unde�the Unifiorm Commercial �ode
<br /> as amended�rom time to time.
<br /> Secur�ty Interes#. Upon reques� by Lender, Trus�or shall take whate�er action is requ�st�d by Lend�r to perfec�
<br /> and continue Lender's security in�er�st in �he Ren�s and Personal Property. ln addition to recording this Deed of
<br /> Trus� in the r�af prape�ty records, Lender may, at any �ime and wi�hou� further authvri�ation ���m Trustor, fiie
<br /> execu�ed counterparts, capies ar reprvductions of this Deed af Trus� as a �inancing statement. Trustor shall
<br /> reim�urse Lender�or all expenses incurred in per�ecting ar �vntinuing this securi�y interes�. Upon defauft, Trustor
<br /> shai� not remo�e, se�er or detach the Personaf Prop��ty fram �he Property. Upon default, Trus�or shall assemb(e
<br /> any Persvna! Property no�affixed to th� Property in a manner and at a p�ace reasonably can�enient to Trustor and
<br /> Lender and make it a�ailable to Lender within three �3� days after rec�ipt o� written demand from Lender ta the
<br /> extent permitted by applicahle law.
<br /> Addresses. The ma��ing addresses of Trus�ar �deb�vr� and Lender �secured party� from which in�ormation
<br /> concerning the secur�ty interes�t granted by this ❑eed o� Trus� may be obtained {each as re�uired by �he Lln�#orm
<br /> Comm�rcial Code� are as stated on the first page of this Deed af Trust.
<br /> FLlRTHER A�SURANCES; ATTURNEY-iN-FACT. Th� �o��awing pro��sions r�lating ta further assuran�es and
<br /> a��orney-in�fac�are a part af�his �eed of Trust:
<br /> Furthe�Assurances. At any time, and �ram time to time, upon reques� of Lender, Trustor wil( make, execute and
<br /> deli�er, or wilf cause to he made, executed or deli�ered, �o Lender or�o Lender`s designee, and when requested by
<br /> Lender, cause to be fii�d, rec�rded, refiled, or rerecorded, as the case may be, at su�h times and in su�h o���ces
<br /> and places as Lender may deem appropriate, any and af� such mortgages, de�ds of trus�, security d�eds, se�urity
<br /> agreements, financing s�a�ements, cantinuation statements, inst�uments o� �urther assurance, certifica�es, and
<br /> ather do�uments as may, in�he sole opinian af Lender, be necessary �r desirable in ord�r to e��ectuate, complete,
<br /> perfec�, �ontinu�, or preser�e ��} Trustor's abliga�ivns under the Note, this Deed of Trust, and the Re�ated
<br /> Documents, and ��} the fi�ns and se�ur�ty �nterests created by this D��d af Trust as firs� and prior fiens an the
<br /> Property, whether now �wned or her�after acquired �y Trust��. Un�ess p�oh�bited by law �r Lender agrees.to th�
<br /> con#rary in writing, Trustvr shall �eimburse Lender for all c�sts and expenses incurred in connectivn wi�h the
<br /> ma't�ers refer�ed to in this paragraph.
<br /> Attorney-in-Fact. If Trustor fai#s to do any ��the things referred to in the preceding paragraph, L�nder may do so
<br /> for and in the name o� Trustor and at Trustor's expense. For such pu�poses, Trustar hereby irre�ocably appoints
<br /> Lender as Trustor's at�vrney-in-fa�t for�he purpose o�mak�ng, executing, de���ering, filing, recording, and doing all
<br /> other things as may be necessary �r desirabfe, in Lender's sa(e opinion, to accompfish the matters referred t� in
<br /> the preced€ng paragraph.
<br /> FULL PERF�RNlANCE. if Trustar pays a�! the f ndehtedness, including without limitatian all fu�ure ad�ances, when due,
<br /> and �therwise performs aff the obiigativns imposed upon Trustor under this Deed a# Trust, Lender shall execute and
<br /> deliWer to Trustee a request far full r�c�n�eyance and sha�l �xecute and del��er ta Trustar suitable sta�emen�s �f
<br /> terminati�n �� any �inancing s�a�ement on file e�idencing Lender's security inter�st in the Rents and the Persanal
<br /> Property. Any reconW�yance fee required by law shall be paid by Trus�or, if permi��ed hy applicab(e taw.
<br /> EVENTS DF DEFAULT. Each o#t�� fallowing, at Lender's option, shall cons�i�u�e an E�en� of Default under th�s ❑eed
<br /> o�Trust:
<br /> Payment Default. Trus�ar fails t� make any payment when due under the Indebtedness.
<br /> q�her ❑efaults. Trustor fails to �vmply with or to perform any other term, ❑hligation, co�enant or condition
<br /> can�ained in this Deed o� Trust or in any of the Related Dvcumen�ts or to �vmply with or tv perfarm any term,
<br /> obligation, co�enan�❑r cond'€t�on contained �n any other ag�eement between L�nder and Trustor.
<br /> Cvmpl�ance Default. Failure to c�mply with any other term, obligati�n, co�enant or condition con�ained in this
<br /> ❑eed o�T�ust, ths Nate ar in any ofi�he Related ❑oGuments, �
<br /> Default on Dther Paym�n#s. Failure of Trustor wi�hin the time required by fihis Deed of Trust to make any paym�nt
<br /> far taxes or insurance, or any ather payment necessary ta pre�ent filing of or to effect discharge of any lien.
<br /> Default �n Fa�ror v�Third Parties. Shou(d Grantar de�auit under any I�an, extens�on o� cre�it, security agreement,
<br /> purchase or sales a�reement, ar any other agreement, in fa�or o�any other creditor or person �hat may materially
<br /> affect any o� Grantor's pr�per�y vr Grantor's ability to repay the Indebtedness or Grantor's abil�ty to perform
<br /> Grantar's ob�igatians under�his Deed of Trust or any of the Related Documents.
<br /> False Statements. Any warran�y, representa�ion or statement made or fiurnished �o L�nder by Trustor or an
<br /> Trustor's behalfi under this Deed af Trust ar the Refat�d Dacuments is fa[se or mis[eading in any material respec�,
<br /> either naw or at the time made or furnished or becomes false vr misfeading at any time therea�ter.
<br /> De�ecti�e Coftateral�za#ian. This ❑eed af Trus� �r any flf the Rela�ed ❑oCum�nts ceases tv �e in fuil force and
<br /> effe�t �including failure o� any coilateral document to cr�a�e a �alid and perfected se�uri�y interest or lien� at any
<br /> ��
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