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2� 1 ��5191 <br /> ❑EED �F TRUST <br /> Lvan No: 't�'I�978'I� �Corlt�rlued} Page 5 <br /> Proceedings. I� any proceeding in �vndemna�ion is filed, Trustvr shal[ pramptly natify Lender in writing, and <br /> Trustor shal[ prvmptEy �take such steps as may be necessary �v defend the action and obtain the award. Trustvr <br /> may be the nomina� party in such praceeding. but Lender shall be entEtfed ta participate in the proceeding and�❑ be <br /> represented in the prviceed�ng by caunsef a� its own chai�e, and Trustvr wil[ deli�er or cause to be deli�er�d to <br /> Lender such instruments and dacumentativn as may be requested by Lender #rom �ime to time to permit such <br /> participat�on. <br /> Appfication of Net Proceeds. [f afl or any part vf the Property is condemned by eminent domain praceedings or by <br /> any pro�eeding ❑r purchase in lieu o�candemnation, Lender may at its election require that a{I ar any por�ion ❑fi the <br /> ne� proceeds o� the award be applied ta the lndebtedness vr the repair or r�staration of the Prvperty. The net <br /> proceeds ❑f the award shall mean the award after paymen� of all reasonable cvsts, expenses, and attvrneys' fees <br /> incurred by Trustee or Lender in cvnnectivn wifih the condemna�ion. <br /> IMP�51TlDN �F TA�ES, FEES AND CHARGES BY G�VERNMENTAL AUTH�RlTIES. The fvllvwing prv�isions relating <br /> to go�ernmental taxes. �ees and charges are a pa�t of fhis Deed vf Trust: <br /> Gurrent Taxes. Fees and Charges. Upvn reques� by Lender, T�ustar shall execute such documents in addition to <br /> this ❑eed ❑f Trus� and take whatever ather ac�ian is requested by Lender to perfect and continue Lender's i�en ❑n <br /> the Rea� Property, Trustvr shal[ reimburse Lender for a[I taxes, as descrihed below. #vgether with all expenses <br /> in�urred in recording, per�ecting or continuing this Deed o� Trust, inc�uding withvut f�mifiation al[ taxes, fees, <br /> documen�ary stamps, and other charges for recarding or regis�ering fihis Deed a�Trust. <br /> Taxes. The fol�owing shall constitute �axes to which this sectivn applies: t 1} a specE�ic tax upon this type of <br /> ❑eed ❑f T�ust ar upon a[I ❑r any part �f the lndebtedness secured by this Deed ❑f Trust; {2� a spe�ific tax ❑n <br /> Trus�vr which Trusta�is authvrized or required t❑ deduct from payments on the tndebtedness se�ured by this fiype <br /> ❑f Deed flf Trust; {3� a tax on#his type vf Deed of Trust chargeabie against the Lender❑�'the holder of the No�e; <br /> and {4} a specific tax an all or any partion of the Endebtedness or ❑n paymen�s of principal and interest made by <br /> Trustor, <br /> Subsequenfi Taxes. If any tax fiv which this secfiion app�ies is enacted subsequen� ta the date of �his Deed of <br /> Trust, �his e�ent shall ha�e the same ef�ec� as an E�ent of Defaulfi, and Lender may exercise any or a[[ ❑f its <br /> a�ai�able remedies far an Event v� Default as prv�ided be�vw unless Trustor either �1 f pays the �ax before it <br /> becvmes deiinquent, nr �2} confies�s the tax as pro�ided aba�e in �he Taxes and Liens section and deposits with <br /> Lender�ash or a suffi�ien�corporate surety bond or ather security satis�actory t❑ Lender. <br /> SECURITY A�REEMENT; FiNANCING STATEMENTS. The fvllowing pra�isions relating t� th�s Deed a� T�us� as a <br /> security ag�eement are a part❑f this ❑eed o�Trust: <br /> 5ecurity Agreement. This instrument sha[[ consti�ute a Security Agreemenfi �a the extent any o�F the Proper�y <br /> constitutes fixtures, and L�nder shal[ ha�e aI! v�the ri�hfis v# a secured party under the Uniform Cammercial Code <br /> as amenc�ed from time tv time. <br /> 5e�urE#y Interest. Upon request by Lender, Trustar shal[ take whatever action is requested by Lender t� perfe�t <br /> and cantinue Lender`s secur�ty interest in the Rents and PersonaE Property. �n addit�on to recording �his De�d af <br /> Trust in �he reaf proper�y r�cvrds. Lender may, at any time and without further autha�rizativn from Trustor, file <br /> execu�ed cvun�erparts, cvpies ar reproductions of this Deed ❑f Trus� as a tinancing statement. Trustvr shall <br /> reimburse Lender for all expenses incurred in pertec��ng ❑r continuing this security in�erest. Upon defaultr Trustar <br /> shal[ not r�mv�e, se�er ❑r detach the Persvnal Praperty fram the Prope�ty. Upan defau[t, Trustor sha11 assemble <br /> any Personal Property not a�fixed t❑the Praper�y in a manner and at a pEace reasonabiy cvn�enient to Trustar and <br /> Lender and make it avai[able ta Lender within three {3} days after receEpt of written demand fram Lender �o the <br /> �xtenfi perm��ted by appli�able law. <br /> Addresses. The mailing address�s a# Trus�ar �de�tor} and Lend�r {secured party} from which infarmativn <br /> concerning �he security interest granted by this L]�ed of Trus# may be ❑b�ained �each as required by the Uni�orm <br /> Commercial Code� are as stated ❑n the f�rst page ofi this Deed ❑f Trust. <br /> FURTHER A55URANCES; ATT�RNEY�IN-FACT. The follawing pro�isi�ns relating t❑ furth�r assurances and <br /> attvrne�-in-fact are a part o�f�his Deed �f Trust: <br /> Further Assuran�es. At any time, and from time to t�me, upon request a� Lender, Trustor wi[I make, execute and <br /> deli�er, or will cause ta be made, executed ❑r deli�ered, to Lender ar t❑ Lender's designee, and when requested by <br /> Lender, cause to be fifed, recvrded, refiied, or rerecorded, as �he case may lae, at such �imes and in such offices <br /> and pla�es as Lender may deem appropriate, any and all such mortgages, deeds of trust, security �eeds, security <br /> agreements, tinancing s#atements, continuation statements, instruments nf further assurance, cer�fii�icates, and <br /> other documents as may, �n the sole �pinion o� Lender, be necessary or desirab�e in order to ef�ec�uate, comp[ete, <br /> perfect, can�inue, ar preserve {�� Trustar's abligati�ns under the Note, this Deed o� Trust, and the Re[ated <br /> ❑o�uments, and t�y the ��ens and security interests crea�ed by this D�ed of Trust as first and pria�- liens on the <br /> Property, whether now owned or hereafter a�quired by Trustor. LJnless proh�bited by �aw ❑r Lender agrees ta the <br /> contrary in writ€ng, Trus�or shall reimburse Lender for all cos�s and expenses inGurred in connection with fihe <br /> matters re�erred tv in this paragraph. <br /> At�vrney-in-Fact. lf Trustor#ails to do any of the things referred to in the preceding paragraph, Lender may dv so <br /> for and in the name of Trustar and at Trustor's expense. For such purposes, Trusta� hereby ir�-e�ocably appoints <br />