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2� 1 ��5474
<br /> DEED �F TRUST
<br /> {�antinu�d} Page 4
<br /> Applicetivn of Net Proceeds. I�all vr any part of the Propsrty is condemned by em�nent dvmain praceedings or by
<br /> any proceeding vr purchase in lieu of condemnation, Lender may at+ts elsction require that ail or any pvrtian of the
<br /> net proceeds of the aw�rd be appl�ed ta the Indebtedness or the repa�r or restaration of the Praperty. The net
<br /> proceeds ❑f the award shall mean the award after payment of all reasonable costs, expenses, and attvrneys' fi�es
<br /> incurred by Trustee o�Lender in connection with the cvndemnation.
<br /> IMP�5ITI�N �F TAXES. FEES AND CHARGES BY ��VERNMENTAL AUTHORITIES. The following pra�isions relating
<br /> tv go�ernmental taxes, #ees and charges are a part o#this Deed of Trust:
<br /> Current Taxas. Faes and Charges. llpon request by Lender, Trustor sha�! execute such documents in addition to
<br /> this ❑eed a�Trust and take whate�er other a�tian is requested by Lender to pe�#e�t and continue Lender's lien on
<br /> the Real Pf�perty. Trustor shall reimburse Lender for a�l taxes, as described below, together with ail exp�nses
<br /> incurred in re�ording, perfecting or �ontinuing this Deed ❑f Trust, incfuding without fimita#ion ail taxss, �ees,
<br /> documentary stamps, and❑ther charges for recording oc registering this Deed af Trust.
<br /> Taxes. The fvl�owing shali cons#itute taxes to which this section applies: �1� a specific tax up�n this type vf
<br /> ❑eed af Trust❑r upon a�l or any part o�the Indebtedness secured by this ❑eed af Trust; �Zf a specifi� tax on
<br /> Trustor which Trustor is auth�rized �r�equired to deduct from payments on the Indebtedness secured by this typ�
<br /> of Deed of Trust; �3y a tax vn this type of❑eed of Trust charge�ble against the Lend�r or the holder❑#the Note;
<br /> and �4f a specifi�tax vn ail o� any portion of the Indebtedness or vn payments of principa� and interest made by
<br /> Trustvr.
<br /> Subsequent Taxes, If any tax #o which this se�tion applies is ena�ted subsequent ta the date of this Deed of
<br /> Trust, �his e�en# shali ha�e the same effect as an E�ent af De�ault, and Lender may exercise any or all of its
<br /> a�ailable remedies far an E�ent of Default �s pro�ided below unless Trustor either t 1� pays �he tax before it
<br /> becomes delinquent. or t2y contests the tax as prv�ided abv�e in the Taxes and Liens se�tivn and deposits with
<br /> Lender cash vr a sufficient carporate surety f�ond or❑ther security satisfactvey to Lender.
<br /> SECURITY AGREEMENT; FINANCING STATEMENTS. The following pro�isions relating to th�s ❑�ed ❑f Trust as a
<br /> security agreement are a part af this Deed of Trust:
<br /> Security Agreement. This inst�ument shall c�nstitute a Se�urity Agreement to the extent any of the Prvp�rty
<br /> constitutes fixtures, and Lender sh�ll ha�e ail fl#the rights of a secur�d party under the Un�form Commercial Code
<br /> as amsnded�rom t�me to timg.
<br /> Securrty Irrterest. Upon request by Lender, Trustor shall #ake whate�er action is requested by Lender ta perfe�t
<br /> and continue Lender's s�curity Enterest in the Rents and Persvnal Property. In additi�n to recarding this Deed of
<br /> Trus� in the real property re�ords, Lender may, at eny time and without furthe� authorizatian from Trustvr. file
<br /> executed counterparts, capies or reprvductions �f this Deed o� Trust as a financing statement. Trustor shall
<br /> reimburse Lender for all expenses incurr�d in perfe�ting ar continuing this security interest. Upon de#au�t, Trustor
<br /> shall not remo�e� se�e� or detach the Personal Prvperty from the Property, Upon default, Trustvr shall assemble
<br /> any Persvnal Praperty nvt a#fixed ta the Prvperty in a manner and at a place reasanahly �on�enient to Trustor and
<br /> Lender and make it a�ailable to Lender within �hree t3� days after receipt of written d�mand from Lender to the
<br /> extent permitted by applicahle law.
<br /> Addresses. The mailing addresses of Trustor �debtarj and Lender �secured partyy frvm whi�h �nformativn
<br /> concerning the sscurity interest granted by this ❑eed o�Trust may be obtained teach as required hy the Uniform
<br /> Commer�ial Codei are as sta#ed on the first page of this Deed of Trust.
<br /> FURTHER ASSURANCES; ATT�RNEY-IN-FACT. The following pro�isions relating to further assurances and
<br /> attorney-in-fact are a part vf this Deed of Trust:
<br /> Furthsr Assurances. At any time, and frvm time ta time, upan requ�st of Lender, Trustor will make, execute and
<br /> deli�er, or will cause to be made,execut�d or deli�ergd.to Lender v�to Lender's designee, and when requssted hy
<br /> Lender, cause to be fited, recorded, refiled. or rerecarded, as the case may be, at such times and in such o�fices
<br /> and places as Lender may deem appropriate, any and al� such mortgages, deeds of�rust, securi#y deeds, security
<br /> agreemen#s� finan�ing statements, cantinuativn sta�ements, instruments of further assurance� certificates� and
<br /> other documents as may, in the sole vpinivn of Lender, b� necessary or desirable in v�der to effectuate, cvmpiete�
<br /> perfect� continue, or preser�e �1� Trustor's ob�igations under the Note, this Deed of Trust. and the Related
<br /> Dacuments, and �2y th� liens and se�urity interests cr�ated by this Deed of Trust as first and pr�or liens on the
<br /> Prvperty, whether now awned or hereafter acquired by Trustor. lJnless prahibited by law �r Lender agr�es to the
<br /> Contrary in writing. Trustvr shall reimburss Lend�r for all costs and expenses incurred in connection with the
<br /> matters referred�o in this pa�agraph.
<br /> Attorney-in-Fect. If Trustor fails ta da any a�the things �eferred to in the preceding paragraph, Lender may do sa
<br /> for and in the name o#Trustor and at Trustar's expense. For such purposes. Trustor hereby irre�a�ably appvints
<br /> Lender as Trustor's attorney-in-fact for the purpvse of making. executing, deli►►ering. fiiing, recarding, and daing al�
<br /> other things as may he necessary or desirable, in Lender's sole opinivn, to accomplish the matters referred to in
<br /> the preceding paragraph.
<br /> FULL PERF�RMAN�E. If Trustor pays all the �ndebtedness, including w+thout limitation all future ad�ances, when du�,
<br /> and otherwise perfarms a11 the obligativns imposed upvn Trustvr under this ❑eed v# Trust, Lender shall execute and
<br /> deli�er to Trustee a request for fu�l recon�eyance and shall execute and d�li�er to Trustvr su+table statements of
<br /> �erminativn af any finan�ing st�tement on f�le e�iden�ing Lende�'s security interest in the Rents and the Persanal
<br /> Property. Any recon�eyance fee required by 1aw shall be paid by Trustor. if permitted �y applfcable faw.
<br /> EVENTS DF DEFAULT. Each a�the fv�lowing. at Lender's aption, shall cvnstitute an E�ent of Default under this Deed
<br /> ❑f Trus�:
<br /> Payment aefault, Trustar fails to make any payment when due under the Indebtedness.
<br /> Dther �3afaults. Trustar fai�s to cvmply with a� �o perform any other tsrm, obiigat�fln, co►►enant oc cvndition
<br /> con#ained in this Deed of Trust or in any of the Related Dacuments or to comply with or ta perform any term,
<br /> obligativn, co�enant or c�ndition cantain�d in any other agreement between Lender and Trustv�.
<br /> Complience Defeult. Failur� to comply with any other term, obligatian, co�enant or �ondition cantained in this
<br /> Deed of Trust,the Nate vr in any of the Related DoGuments.
<br /> Daf�u�t on�ther Payments. Failure vf Trus#or within the time required by this Deed❑f Trust to make any payment
<br /> far taxes or insurance, or any othsr payment necessary to pre�ent filing of or to e�f�ct discharge of any lien.
<br /> Dafault in Fa�vr of Third Partiea. 5hauld Grantor d�fault under any loan, extension vf credit, security agreement,
<br /> purchase❑r sales agreement. ❑r any ❑ther agreement. in fa�or vf any vther creditor or persan that may materialiy
<br /> affect any of Gran#vr"s property vr Grantvr's ability tv repay the Indebtedness vr Grantor's ahility tv perform
<br /> Grantar's obligations under this D�ed vf Trust or any of the Relet�d ❑ocuments.
<br /> False Staterrtents. Any warranty, representation or statement made �r furnished to Lender hy Trustor or on
<br /> Trustor's behalf under this Degd of Trust or the Re�ated Documents is false vr misleading in any material respect,
<br /> either now ar at the time made or furnished❑r becvmes false vr misleading at any time thereaft�r.
<br /> Defecti�a Collateralizativn. This Dsed vf Trust or any of the Related C]acuments �eases to be in full force and
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