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2� 1 ��5479
<br /> DEED �F TRUST
<br /> �C�ntinued� Page 4
<br /> participation.
<br /> App�icat�on af Net Proceeds. I#all vr any part of the Praperty is condemned hy eminent domain proceedings❑r by
<br /> any proceeding or purchase in lieu of condemnation, L�nder may at its election requirs that all or any portion of the
<br /> net praceeds ❑f the award be applied tv the Indebtedness vr the repair or restvration of the Property. The net
<br /> proceeds of the award shall mean the award after payment of all reasonable cvsts� expenses, and attorneys' fees
<br /> incurred by Trustee vr Lender in cannection with the candemnation.
<br /> IMPQSITI�N DF TAXES, FEES AM� CHARGES BY GDVERNMElVTAL AUTHORITIES. The fallowing pro�isions relating
<br /> to go�ernmental taxes� fees and charges are a part o#this Deed❑f Trust:
<br /> Current Taxas. Fees and Charges. [Jpvn request hy Lend�r, Trustor shall execute su�h documents in addition to
<br /> this De�d of Trust and take whate�er other actian is requested by Lender to perfe�t and cvntinue Lender`s lien on
<br /> the Real Praperty. T�ustor shall reimburse Lender for all taxes, as des�ribed below, togsther with all expenses
<br /> incurr�d in recording, perfecting or continuing this Deed of Trust, incfuding withvut limitativn all taxes, fe�s,
<br /> documentary stamps, and other charges for recording or regist�r+ng this Deed of Trust.
<br /> Taxes. The fvllvwing shall �onstitute taxes to which this section appi�es: �'�� a specific tax upvn this type ❑�
<br /> ❑eed of Trust or upon a11 or any part of the Indebtedness secured by this ❑eed af Trust; ��� a sp�citi� tax an
<br /> Trustor which Trustor is authorized or required tv deduct#rom payments on the Indebtedness secured by th�s type
<br /> of Deed vf Trust; =3y a tax on this type of Deed vf Trust chargeable against the Lender or th�halder of the Note;
<br /> and t4� a specific tax on all or any pvrtion vf the Indebtedness or on payments of principal and interest made by
<br /> Trustor.
<br /> 5ubsequent Taxes. �� any tax to which this sectivn applies is enacted subsequent to the date of this ❑eed of
<br /> Trust, this e�ent shall ha�� ths same effect as an E�ent vf Default, and Lender may exercise any or.al� o� its
<br /> a�ailable remedies for an E�ent of Default as pro�ided below unless Trustor either t 1 f pays the tax hefore it
<br /> becomes delinquent, or �Zy contests the�ex as prv�ided abv�e in the Taxes and Li�ns se�tion and depasits with
<br /> Lender cash or a sufficient corparate surety hand or other security satisfactory to Lender.
<br /> SECURITY AGREEMENT; FiNANGlN� STATEMENTS. The fo!low�ng pro�isi�ns relating to this ❑�ed of T�ust as a
<br /> securi#y agreement are a part of this Deed of Trust:
<br /> Se�urity Agreement. This instrument shall �ons�itute a Security Agreement to the extent any of the Praperty
<br /> constitutes fixtures, and Lender sha�! ha�e ell of the rights of a secured party under the tJniform Commercial Cade
<br /> as amended from time to tim�.
<br /> Se�uri#y Intarsst. Llpan request by Lender, Trustor shall take whate�er action is requested by Lender to perfect
<br /> �nd continue Lender's se�urity interest in the Rents and Persvnal Property. In addition to recvrding this Deed af
<br /> Trust in the real proper#y records, Lender may, at any time and withaut further au#horization fram Trustor. #i1e
<br /> executed caunterparts, copies vr reproductions o# th�s Deed o� Trust as a financing statement. Trustor shall
<br /> reimburse Lender far all expenses incurred in perfecting or con�inuing this security interest. Upvn default, Trustar
<br /> shail not remo�e. se�er or deta�h the Persona� Praperty �ram the Property. Upvn default, Trustvr shall assemble
<br /> any Persanal Property not affixed tv the Property in a menner and at a place reasonahly can�enient to Trus#or and
<br /> Lsnder and make it a�ailahle tv Lender within three �3f days afte�r rec�ipt of written demand frvm Lender to th�
<br /> gxtent permitted by appficable law.
<br /> Addrasses. The mail�ng addresse� of Trusto� =debtory and Lender �se�ured partyf #rom wh�ch infarmation
<br /> �oncerning the security interest granted by this Deed of Trust may be obtained (each as required by the Uni#orm
<br /> Commer�i�l Cade� are as stated on the first page af this Deed vf Trust.
<br /> FURTHEf� ASSURANCES; ATT�RNEY-IN-FACT. The follvwing pro�isians relating t❑ further assurances and
<br /> attornsy-En-fact are a part af this Deed af Trust:
<br /> Further Assurances. At any time, and from time t❑ time, upon reques# af Lender, Trustor will make, ex�cute and
<br /> d�li�er.ar will�ause to be made,executed�r deli��red.tv Lender or to Lender's designee, and when requested by
<br /> Lender, cause to be filed, recorded, refi�ed, or rerecorded, as the �ase may be, at such times and in su�h offices
<br /> and places as Lender may deem apprvpriate, any and a11 such mortgages, deeds of trust, security deeds, securi#y . .
<br /> agreements, finan�ing statements, continuation statements, instruments of fu�ther assurance, �ertificates. and
<br /> other documents as may, in the sole opinivn of Lender, be necessery ar desirable in vrder to e##ectuate, �amplete, �
<br /> perfect, cont�nue, or preser�e (1 y Trustor's �bligations under the N�te, this ❑eed af Trust, and the Related
<br /> Documents, and �2y the li�ns and security interests created hy this aeed of Trust as firs� and prior liens ❑n the
<br /> Property, whethgr now owned or her�after acquired by Trustnr. Unlsss prvhibited by law or Lendsr agrees to the
<br /> contr�ry in writing, Trustor shall reimburse Lender fvr all cvsts and expenses in�urred in �onnection with the
<br /> matters referred to in this paragraph.
<br /> Attorney-in-Fa�t. f#Trustor faiis to dv any ofi the things referred tv �n the preceding paragraph. Lend�r may do so
<br /> far and in the name of Trustor and at Trustvr's exp�nse. For su�h purpases, Trusto� hereby irre�ocably appoints
<br /> Lender as Trustor's att�rney-in-fact for the purpvse of rnaking, executing. deli►►ering, filing, recvrding, and doing all
<br /> ❑ther things as may be necessary or desirable, in Lender's sole opinion, to acc�mplish the matters referred to in
<br /> thQ preceding p�ragraph.
<br /> FULL PEf�F�RMANCE. �#Trustvr pays alf the lndebtedness. inc�uding w+thout limitation all future ad►►an�es, when due,
<br /> and vtherw�se per#orms all the vhligations impvsed upon Trustvr under this Deed ofi Trust, Lender shall execute and
<br /> deli�er to Trustee a request for full recon�eyance and shall execut� and deli�er to Trustar suitab�e statemgnts of
<br /> termination ❑� any financing statement vn file e�idencing Lender's se�urity interest in the Rents and the Personal
<br /> Property. Any recan�eyance fse required by law shai��e paid by Trustvr� if pe�mitted by applicabie faw.
<br /> EVENTS �F DEFAULT. Ee�h of the fallawing, at Lender's vptian, shal� constitute an E�ent of aefault under this Deed
<br /> vf Trust:
<br /> Payment Default. Trustor fails to make any payment when due under th�Indebtedness.
<br /> �ther Defaults. Trustor �ails ta cvmply with or to perfarm any other term. obligation, co�enant or condition
<br /> cantained in this ❑eed �f Trust ar in any of the Related Documents �r to comply with ar to perform any term,
<br /> obligativn, co�enant or cvndit�vn cantained in any ather agreement between Lender and Trus#ar.
<br /> Complienca Defaul�. Fai�ure tv compiy with any other term, obligativn, �v��nant or cvnditivn contained in this
<br /> Deed af Trust,the Note or in any of the Related Dvcuments.
<br /> �efault an Dther Payments. Failure vf Trustar within the time required hy this Deed of Trust to make any payment
<br /> fvr taxes or insurance, vr any o�her payment necessary to pre�ent filing vf or�v effect discharge af any lien.
<br /> Dsf�ul#in F��or vf Third Part�as. 5hould Grantnr default under any Ioan� extension of credit, security agreement,
<br /> purchase vr sales agreement, or any other�greement� in�a�or of any other creditor or person that may materia��y
<br /> a#fect any af Grantar's property or Grantor's abil�ty to repay the indgbtedness or Grantar's abil�ty tv per�arm
<br /> Grant�r's obligat�ans under this Deed of Trust or any of the Re�ated Documents.
<br /> False Stetemants. Any werranty, representat�on ar statement made or furnished to Lender by Trustar or an
<br /> Trustor's beh�if under this Deed of Trust or the Releted Documents is false o� m�sleading in any material respect,
<br /> either nvw or at the time made or furnished or becomes f�lse ar misleading at any time thereafter.
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