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2� 1 ��5774 <br /> DEED �F TRUST <br /> Loan No: 'f�1�979a9 ��ontrnued� Page a <br /> participativn. <br /> Application vf Net Proceeds. lf all or any part af the Property is candemned by eminent dvmain proceedings or by <br /> any proc�eding vr purchase in �ieu❑f cand�mnation, Lender may at its e�ectian require xhat all or any portion of the <br /> net prviceeds of the award be applied t� the lndebtedness ❑r the repair ar restoration af �he Prvperty. The net <br /> praceeds vf the award shall mean the award after payment of a[[ reasonable casts, expenses. and at�orneys' #ees <br /> incurred by Trustee or Lender in connectian with the condemnation. <br /> lNIPDSITIQN �F TA�CES, FEES AND CHARGES BY GDVERNMENTAL AUTH4R1TIE5. The fv[[awing pro�is�vns reiating <br /> ta governmental taxes, �ees and �harges are a part❑f#his Deed of Trust: <br /> Curr�nt Taxes, Fees and Charge�. Upan request by Lend�r� Trustvr sha�1 execute such do�uments in addition ta <br /> this Deed af Trust and take whate�er ather action is requested by L�nder ta perfect and continue Lender=s lien on <br /> the Reaf Praperty. Trus�vr shal� reim�urse Lender for aE! taxes, as described belowr �ogether with aI[ expenses <br /> incurred in recarding, p��rfecting ❑r cvntinuEng this Deed ❑f Trust, including wi�hout limi�tation a�! taxes, fees, <br /> documentary stamps, and❑ther charges for�ecording or regis�e�ring#his Deed af Trust. <br /> Tax�s. The tollowin� shall cons�itute taxes t❑ which th�s section applies: {�� a specific tax upon this type of <br /> Deed vf Trust or upon all or any part n�the Endebtedness secured E�y fihis ❑eed ❑f Trusf, �Z} a specifi� tax an <br /> Trustor which Trustor is authorized ❑r required tv deduc�frvm payments ❑n the lndebtedness secured by th�s type <br /> af Deed ❑�Trust; �3y a tax vn fhis type a�Deed o�Trus�chargeable against the Lender❑r the hoEder vf the Nvt�; <br /> and t4} a specific tax on aE! or any portion v�the lndebtedness or on payments of principal and interes# made by <br /> Trustor. <br /> Subsequent Taxes. l� any tax ta whi�h �his section applies is ena�ted subsequent to the date o� th�s Deed vf <br /> Trust, �his e�ent sha[� have the same effect as an E�ent vf Defaul#, and Lender may exercise any or af� �f its <br /> a�ailab[e remedies for an E�ent af Defau�t as p�vvided be[aw unless Trustor eifiher {�} pays the �ax befo�re it <br /> becomes delinquen�, vr {2} �ontests �he tax as pro�ided abo�e in the Taxes and Liens section and deposits with <br /> Lender cash or a sut�icient c�rpvrate surety band or other security sa�isfactory t� Lender. <br /> SECURITY AGREENiENT; F�NANGING STATEMENTS. The foEiowing pro�isions relating to this Deed of Trust as a <br /> securifiy agreement are a pa�t of�his Deed of Trust: <br /> 5ecuri#y Agreement. This instrument shall canstifiu�e a Security Agreement �o the ex�ent any �� the Property <br /> cansti�u�es fixtures, and Lender shall ha�e a[I ofi the rights a�a secured party under the Unifiorm Cammercia� Code <br /> as amended�From time to time. <br /> 5ecurity Interest. Upvn request by Lender, Trustvr shal[ �ak� whate�er action is requested by Lender �o p�rfe�t <br /> and canfiinue L�nder`s security interesf in �he Rents and PersanaE P�-aperty. ln addition �to recording this Deed ❑� <br /> Trusfi in the real property recvrds, Lender may, at any time and without further authorization frvm Trus�or, t��e <br /> executed caun#erpar�s, copies or reproductions o� this Deed ofi Trust as a financing statement. Trustor shalE <br /> reimburse Lender tor ali expenses incurred in pe�fecting vr cant�nuing this securi�y in�eresf. Upan default, Trustvr <br /> sha[f not �emo�e, se�er ar detach the Persvnal Praperty #rom the Prflperty. Upvn default, Trustor shalf assembEe <br /> any P�rsvnal Prvperty not aftixed ta the Prvperty in a manner and at a place reasonably con�enient to T�ustor and <br /> Lender and make it a�ailable ta Lender within three �3y days after receipt of v►rritten demand �rom Lender to the <br /> ex�ent permit�ed by appficable law. <br /> Addresses. The ma��ing addresses �f Trusfior {debt�r} and Lender {secured party� from which information <br /> concerning the securi�y interest granfied by this Deed of Trust may be ❑btained �each as required by the Uniform <br /> Commercial Cvde� are as s�ated on�h��irsfi page of this Deed ❑f Trust. <br /> FURTHER A55URANCES; ATTDRNEY-IN-FACT. The #ollowing prv�isians �relating to further assuranc�s and <br /> attorney-in-#act are a part af this Deed ❑�Trus#: <br /> Further Assurances. At any time, and from time to time, upon request o� Lender, Trustnr wii! make, execute and <br /> deli�er, or wi[[ �aus�tv be made, exe�uted ❑r deli�ered, ta Lender❑r to Lender's designee, and when requested by <br /> Lender, cause to be filed, recorded. refiled. ❑r rerecarded, as #he case may be, at such times and in such offices <br /> and p[aces as Lender may deem apprvpriate, any and al[ such mart�ages, deeds of firust, security de�ds, security <br /> agreements, �inancing statements, continuatEan sta�ements f instruments of fur�her assurance. certifica�es. and <br /> other do�uments as may, in the sole opinian n# Lender, be necessary or desirab�e in order to e#fe��uate. camplefie, <br /> perfe�t. cvntinue, ar pr�ser�e ��f Trustar's ob[igations under the No�e, this Deed a� Trust, and the Rela�ed <br /> Documents, and {2} the liens and securifiy in�er�sts created by this Deed vf Trust as first and p�-ior [iens ❑n the <br /> Praperty, whether now ❑wned or hereafter a�quired by Trustor. Uniess prvhibited by law ❑r Lender agrees tv the <br /> con�rary in writing, Trustv� shalf �eimburse Lender for a[[ costs and expenses incurred in connection with the <br /> matters referred t❑ in th�s paragraph. <br /> Attorney-in-Fact. If Trustor fai[s t❑ do any of the things referred tv in the preceding paragraph, Lender may do s❑ <br /> far and in the name of Trustor and at Trus�ar's expense. Fvr such purposes, Tr-ustor hereby irre�vcabiy appoints <br /> Lender as Trus#or's attorney-in--fact fo�the purpose of mak�ng, execu#ing, defi�ering, �i[ing, �ecording, and doing all <br /> other things as may be necessary ❑r d�sirabfe, in Lender's sole opinivn, tv ac�nmp�ish the matters referred �v in <br /> �he prece�ing paragraph. <br /> FULL PERF�RIVIANCE. [f Trustor pays a�l the lndebfiedness, including without limitafiian a[i future ad�ances, when due, <br />