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2� 1 ��5487 <br /> DEED �F TRUST <br /> �Conti n u�d} Page � <br /> Lender such instrumen�s and documen�a�ion as may be requested by Lender from time �o time to permit such <br /> participation. <br /> Applica�ion of N�f Proce�ds, lf all ❑r any part of the Property is condemned by em�nen�domain proceedings or by <br /> any proceeding or pur�hase in lieu vf condemna�ion, Lender may a� i�s e�ection require�hat all or any p�rk�on o�the <br /> net proceeds of the awa�d be applied �❑ #he lndebtedness or the repair �r res�ot-ation of the Prope�ty. The ne� <br /> proceeds of the award shal� mean fhe award after payment o�all reasonable costs, expenses, and attorneys' fees <br /> incurred by Trus#ee❑r Lender in �onnection with the condemna�ion. <br /> IMP�51Tl�N �F TA�ES, FEES AND �HARGES BY G�VERNMENTAL A�TH�RITIES. The f�llowing pro�isions relating <br /> to�o�ernmen�al�axes, fees and charges are a pa�t of this Deed of Trust: <br /> Curr�nt Taxes, Fees and Charges. Upon request by Lender, Trustor sha�l execute su�h documents �n addition to <br /> this Deed of Trust and take whate�er other ac�ion is requested by Lender to perfect and cont�nue Lender's lien on <br /> �he Rea[ Property. Trustor shall reimburse Lender f�r a11 �axes, as described be�ow, together w�th al� expenses <br /> incu�red in recording, perfec��ng or continuing �his Deed o� Trust, including wi�hou� lim�ta�ion all taxes, �ees, <br /> dacumentary stamps, and o�her charges for recording or registering this Deed of Trust. <br /> Taxes. The fo�lawing sha�l constitute taxes t� which this section appl�es: �'I} a specific tax upon this type of <br /> Deed of Trust or upon all or any part of the fndebtedness secured by this Deed vf Trust; �2} a specific tax on <br /> Trustor which Trus�ar is authorized or required to dedu��from paymenfs on�he lndebtedness secured by this type <br /> of Deed of Trus�; �3} a tax on this type of Deed of Trust chargeable against�he Lender or�he ho�der of the Note; <br /> and �4} a specif[c�ax an al� ❑r any portion o�the Indebtedness or an payments af principal and interest made by <br /> Trustor. <br /> Subsequen� Taxes. !f any tax to which th�s sect�on app[ies is enacted subsequent to the date of �his Deed af <br /> Trus�, this e�ent shall ha�e the same effect as an Event af Defau[t, and Lender may exercise any o� ali of its <br /> a�ai[ab�e remedies for an Even� �� Default as pro�ided below un(ess Trustor either ��} pays the tax before it <br /> becomes delinquen#, o� {2} contests the tax as pro�ided abo�e in the Taxes and Liens �ection and deposits with <br /> �ender cash or a su�ficient corporate sure#y bond or other security satisfactary to Lender. <br /> SECUR[TY AGREEMENT; F[NANC[NG STATEMENTS. The fof[owing pro�isions r�la�ing t❑ this Deed of Trust as a <br /> security agreemen�a�-e a part of�his Deed❑f Trust: <br /> 5ecurity Agreement. This instrument sha[I constitut� a Security Agreement �o the ex�ent any af the Proper�y <br /> cons�i�ut�s#ixtures, and Lender shal� have all of the righ�s o�a secured party under�he Unif�rm �ommercia� Code <br /> as amended from time to�ime. <br /> Securi�y Interest. Upon request by Lender, Trus�or shal� take whate�er action is requested by Lender �o perfect <br /> and continu� Lender`s securi�y interest �n �he Rents and Personal Proper�y. In addition to recording this Deed of <br /> Trust �n the real prope�ty records, Lender may, at any time and without furthe�- authorizat�on from Trustor, file <br /> executed counterpar�s, copies or reproductions �� thl5 Deed of Trus� as a financing statement. Trustor shall <br /> reimburse Lender for all expenses incurred in perFecting or con�inuing �his security interest. Upon d�fau�t, Trus�or <br /> shall not remove, se�er or de#ach the Pe�sana� Property �rom the Property. Upon defau�t, Trustor shall assemb�e <br /> any Persanal Property not affixed to�he Property in a manner and at a place reas�nably con�enient ta Trustor and <br /> Lende� and make it a�ailable to Lender within �hree �3} days a�ter receipt of written demand from Lender to #he <br /> ex�en�permitted by applicable law. <br /> Addresses. The mailing addresses of Trustar �deb�ar� and Lender �secured par�y} from which informat�on <br /> concerning the security interest gran#ed by this Deed of Trus� may be abtained �each as required by the Uniform � <br /> Commercial Gade}are as stated on the first page of this Deed ❑f Trust. <br /> FURTHER ASS�RANCES; ATT�RNEY�IN-FA�T. The following pCQVfSfDIIS relating to further assurances and <br /> attorney-in�-fact are a part of#his Deed of Trus�: <br /> Further Assurances. At any time, and fr�m time ta time, upon request of Lender, Trustor will make, execute and <br /> deliver, or wifl cause to be made, executed or deliv�red, to Lender or to Lender's desi�nee, and when requested by <br /> Lender, cause t❑ be filed, recarded, refi[ed, or rerecorded, as the case may be, at such �imes and in such offices <br /> and places as Lender may deem appropriate, any and a�l such mortgages, deeds o�trus�, securi�y deeds, security <br /> agreemen#s, financing statements, continua�ion sta�emen�s, instruments of further assurance, certificates, and <br /> other documents as may, in the sale ❑pin�on of Lender, be necessary or desirable in order to effectuate, camplete, <br /> perFect, �antinue, ❑�- preserve ��} Trustor's obliga�ions under the Note, this Deed �� Trust, and the Related <br /> Documen�s, and �2} the liens and se�urity inte�-ests created by this Deed of Trust as first and prior liens on the <br /> Prvper#y, wheth�r now awned or hereafter acquired by Trustar. Unless p�-oh�bited by �aw ar Lender agrees �o the <br /> cvn�rary in writing, Trustor shall re�mburse Lender for all costs and expenses incurred in connection with the <br /> ma��ers re�erred to in this paragraph. <br /> Af�arney-in-Fact. lf T�-ustor fails�o do any af the things referred to in the preceding paragraph, Lender may dn so <br /> for and in the name of Trustor and at Trustor`s expense. For such purposes, Trus�or hereby ir�e�ocab�y appoin�s <br /> Lender as Trustor's a�torney--in--fac�far the purpose ❑f making, execut�ng, defivering, fEl�ng, recarding, and doing a[I <br /> other things as may be necessary ❑r desirable, in Lender's s�le opinian, to accomplish �he matters referred t� in <br /> the preceding paragraph. <br />