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2� 1 ��4745
<br /> DEED �F TRLJST
<br /> {�ontinued} Page 4
<br /> any pro�eeding or purchase in lieu of candemnatian, Lender may at�ts elec�ion require that all or any portion of�he
<br /> ne� proce�ds af the award be applied �o the Indebtedness or th� repa�� or r�storation o� the Property. The net
<br /> proceeds o�the award shall mean the award aft�r payment of all reasonab�e �osts, expenses, and a�torneys' fees
<br /> incurred by Trustee vr Lender in �onnection wi�h the condemnation.
<br /> IMP�S�TIaN �F TAXES, FEES AND CHARCES �3Y G�VERNMENTAL ALITH�RITIES. The following pr��isivns relating
<br /> to go�ernmental�axes, fees and charges are a par�of this De�d af Trust:
<br /> Current Taxes, Fees and Charges. Upon request by Lender, Trustor shall execu�e such documents in addition to
<br /> this Deed o#Trus�and take whate�er other act€an is requested by Lend�r t� perfec� and �ontinue Lender's li�n on
<br /> the Real Praperty. Trustor shail reimburse Lender far all taxes, as descri�ec� below, together wi�h all expenses
<br /> incurred in recording, perfect€ng ❑r can�inuing this �eed of Trus�, including wi�hout limitation all taxes, fees,
<br /> documen�ary stamps, and other charges for r�cording or registering this ❑eed o�Trus�.
<br /> Taxes. The fo��ow�ng shall constitute taxes to which th�s sectivn applies: �1� a specific tax upon this typ� o�
<br /> Deed of Trust or upon all ar any pa�t of the Indebt�dness se�ured by this Deed o� Trus�; �2� a specifi� tax an
<br /> Trustor whi�h Trusta� is authorized or required fio deduct from payments on the Indebtedness secured �y this�ype
<br /> of Deed o#Trust; {3) a �ax on this type o� Deed of Trust chargeable against the Lender or the hofd�r o�the Note;
<br /> and �4� a specifi� tax on al! or any portion o�the Indeh�edness vr on payments af princ�pal and interest made by
<br /> Trustor.
<br /> Subsequent Taxes. If any tax �o which this secti�n applies is ena�ted subsequent to the date of this De�d of
<br /> Trust, this e�ent shall ha�e �he same ef�ec� as an E��nt o� Defaul�, and Lender may exercise any or all of its
<br /> a�ai�able remedies ��r an E�en� of Defauit as pra�ided below unless Trus�ar either �1} pays the tax before it
<br /> b�comes delinquent, or ��} con�ests th� tax as pro�ided abo�e in the Taxes and Li�ns sec�ion and d�posits with
<br /> Lender cash❑r a suf���€ent cvrpora�e surety bond or❑�her se�ur�ty satisfac�ory�o L�nder.
<br /> SE�URfTY A�REEMENT: FINANCIN� STATEMENTS. The follvwing pro��sions rela�ing to this Deed of Trust as a
<br /> se�uri�y agre�m�nt are a par�o'�this Deed af Trust:
<br /> Secur��y Agreement. This instrument shall c�nstitute a 5ecurity Agreement �o the extent any of �he Prvperty
<br /> �onstitu�es fixtures, and Lender shall ha�e all of th� rights of a secured party under�he Uniform Commercial Code
<br /> as amended from time�o�ime.
<br /> S�curity [n�erest. Upan requ�st by Lender, Trus�or shai! take wha�e�er action �s reques�ed by Lender �o perfect
<br /> and continue Lender's security int�r�st in the Rents and Personal Property. In addition �t� reco�ding this Deed af
<br /> Trust in �he rea� p�operty re�ords, Lender may, at any time and wi�hou� further authori�ation from Trus�or, �€�e
<br /> executed counterparts, copies or r�produc�ians of this Deed af Trust as a financing s�atement. Trustor shai�
<br /> reimburse Lender far all expenses incu�r�d in perfecting ar cantinuing this security interes�. Upon default, Trustor
<br /> shall not rema�e, se�er or de�ach �he Personal Property from the Property. Upon defaul�, Trustor shall assemble
<br /> any Personal Properfiy not afifixed to the Property in a manner and at a pla�e r�asonably con�en��nt to Trus�or and
<br /> Lender and make it a�ailable to L�nder within three {3y days after receipt of wr�tten demand fr�m Lender to �he
<br /> extent permitted by applicable law.
<br /> Addresses. The mailing addresses o� Trus�or �debtor� and Lender ts�cured party} fram which information
<br /> �oncerning the security in'�erest granted by this ❑eed of T�ust may �e obtained teach as required by the Uniform
<br /> �ommer�ial Code� are as sta�ed on the fiirst page of this Deed of Trus�.
<br /> FURTHER ASSURANGES; ATTORNEY-IN-FACT. The �ollow�ng pr��isions refating to further assurances and
<br /> attorney-�n-fac�are a part o�this Deed of Trust:
<br /> Further Assurances. At any time, and from time ta time, upon requ�st af Lender, Trustor will make, execu�e and
<br /> deli�er, or will cause to be made, executed or deli�ered, t� Lender or to Lender's designee, and when requested by
<br /> Lender, �ause ta be fifed, reGorded, refil�d, or rere�orded, as the case may be, at such times and in such offi�es
<br /> and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, se�uri�y
<br /> agreements, finan�ing statements, continuat€on stafiements, instruments of further assurance, certificates, and
<br /> afiher documents as may, in the sole opinian o� Lender, be necessary or desirable in orde�ta effectuate, comple�e,
<br /> perfect, cant�nue, or preser�e {1} Trustor's ab��gations under the Note, this Deed of Trust, and the Related
<br /> Documents, and ��f the liens and se�uri�y int�rests created by this Deed vf Trus� as first and prior liens on the
<br /> Property, wh�ther now owned ar hereaf�er a�quired by Trus�or. Unl�ss prohibited by law or Lender agrees to the
<br /> contrary �n writing, Trustor sha[� reimburse Lender for all �os�s and expenses incurred in canne��ion with the
<br /> matters referr�d to in this paragraph.
<br /> Attorney-in-Fact. I�Trustor#ails to do any of the things r�f�rred to in the prec�ding paragraph, Lender may da so
<br /> �or and in the nam� o�Trustor and at Trustor's expense. Fo� su�h purposes, Trustor hereby irre�acahly appoints
<br /> Lender as Trustor's attorney-in-fact fa�the purpose of making, execu�ing, deli�er�ng, filing, r�cording, and doing a��
<br /> other things as may be necessary or desirable, in Lender's so�e opinion, �o acc�mp�ish the matters reirerred to �n
<br /> the pre�eding paragraph.
<br /> FULL PERF�RIVIANCE. I�Trustor pays aff the Inde�atedness, incfud'€ng withvu� limitation a�l fu�ure ad�ances, when due,
<br /> and otherwise performs ai� the obliga�ions impos�d upon Trus�or unde� this Deed of Trust, Lender shal! execu�e and
<br /> deliver t� T�ustee a request �or full recon�eyance and shall execute and deli�er t� Trustor suitabl� statemen�s afi
<br /> termination o� any financing statemen� on fil� ��€dencing Lender's security interest in the Ren�s and the Personal
<br /> Praper�y. Any recon�eyance�e� required by law shali be paid by Trusto�, i�permitted by app�icable law.
<br /> EVENTS DF DEFAULT. Each of the following, at Lend�r's ❑ption, shaff constitute an E�ent a'� ❑efaul� under this Deed
<br /> o�Trus�:
<br /> Payment Defau�t. Trus�vr faiis to make any payment when due under the Inde�tedness.
<br /> �ther Defaults. Trustor fails to comply with or to p�rfarm any other t�rm, obliga�ion, co�enant vr condition
<br /> c�ntained in �his Deed ❑f Trus� �r in any of '�he Related Documents or t❑ compiy with or to per#orm any term,
<br /> obligat�an, �o�enant�r condition contained in any o�her agreement be�ween Lender and Trus�or.
<br /> Comp�ian�e De�ault. Fa�iure to camply with any ather �erm, oh��gatian, covenant or candi�ion �ontained in this
<br /> Deed o�Trust, �he Note or�n any❑f the Re(ated Documents.
<br /> Default on Dther Payments. Failure of Trustar within the time required by�his Deed af Trust to make any payment
<br /> for taxes❑r insurance, or any other paymen�n�cessary tv pre�ent�Filing o�❑r to effect discha�ge of any fien.
<br /> De�ault in Fa�or a�Third Parties. 5hould Gran�or d��au�t under any loan, extens�on of credit, security agre�ment,
<br /> purchase or sales agreement, or any vther agreemen�, in fa�or of any o�her creditor or person that may rr�ateriaf�y
<br /> affie�t any of Grantar's property or Grantor's abili�y �o repay the Indeb�edness or Grantvr's ability to perf�rm
<br /> Grantor's ohliga�ions under this Deed af Trust ar any of�he Related Dncuments.
<br /> False Statements. Any warranty, representation vr statement made o� furnished t� Lender by Trusto� ❑r on
<br /> Trustor's beha(� under this ❑e�d o�Trust ar the R�lated Dacuments is fafse vr misleading in any ma�eriaf respect,
<br /> e�ther now or at the time made or�u�nished or becomes�a�se ❑r misleading at any time�herea�ter.
<br /> Defectirre Cvllatera[ization. This Deed o� Trus� or any of �he F�elated Documents ceases ta be in full �orce and
<br /> effect �including failur� o� any collatera€ dacumenfi to cr�ate a �alid and perfected securi�y interest or lien� at any
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