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2� 1 ��5777
<br /> DEED DF TRUST
<br /> ��ontinued� Pa9� �
<br /> par�i�ipation.
<br /> Appii�a#ion of Nat Proceeds. if all or any part of the Prop�rty +s condemned by eminent domain proceedings ❑r by
<br /> any proceeding or purchase in lieu of condemnativn, Lender may at its election require that all or any portivn of the
<br /> net praceeds of the award be applied to the Ind�btedness or the repair or restorat�on vf the Property. The net
<br /> proceeds o� th� award shall mean the award a#ter payment of al� reasvnable costs, expenses, and attorneys' fees
<br /> incurred by Trustee or Lender in connectian with the condemnation.
<br /> IMPOSITI�N �F TAXES, FEES AND CHARGES BY G�VERNMENTAL AUTH�RITIES. The fvllowing pro�isians relating
<br /> to gv�ernmental taxes, fees and charges ar� a part of this Deed of Trust:
<br /> Curren# Tax�s, Fees and Charges. Upvn request by Lender, Trustor shall execute such dvcuments in addition to
<br /> this Deed of Trust and take whate�er ❑ther action is reques�ed by Lender ta perfect and cantinue Lender's lien on
<br /> the Real Praperty. T�ustor shall reimburse Lender for all taxes, as described he�aw, together with a11 expenses
<br /> incurred in r�cording, perfecting or ��ntinuing this Deed �f Trust, in�luding without limitation all taxes, fees,
<br /> documentary stamps, and other charges for r�cvrding vr registering this Deed of Trust.
<br /> Taxes. The foilowing shall �onstitu#e taxes to which this section appli�s: �1� a specific tax upon this type of
<br /> Deed of Trust or upon all ar any part �f th� Indebtedness secured by this Deed of Trust; �Zy a specific tax on
<br /> Trustor wh3ch Trust�r is authorized or required to deduct fram payments on the Indebtedness secured t�y this type
<br /> of Deed of Trust; �3� a tax on this type of ❑eed of Trust chargeable against the Lender vr the hvld�r af the Nate;
<br /> and (4y a specifi� tax on all or any pvrtion of the Indebtedness vr on payments vf principal and interest made by
<br /> Trust�r.
<br /> 5ubsequent Taxes. if any tax t❑ which this se�tion applies is ena�ted subsequent to the date of this Deed of
<br /> Trust, this e�ent shall ha�e the same effect as an E�ent ❑f Default, and Lender may exer�ise any vr ali of its
<br /> a�ailable rem�dies for an E�ent vf D�fault as pro�ided b�low uniess Trustor either t 1 y pays the tax �efore it
<br /> be�omes d��inquent, or �2� cant�sts the tax as pro�ided abo�e in the Taxes and Liens section and deposits with
<br /> Lender�ash ar a sufficient�orporate surety bond or�ther seCurity satisfa�tory to Lender.
<br /> SECURITY AGREEMENT; FINANCIN� STATEMENTS. The following pro�isivns reiating to this Deed of Trust as a
<br /> security agreement are a part❑f this D��d o�Trust:
<br /> Security Agrgement. This instrument shall const�tute a 5ecurity Agreement to the extent any of the Prvp�rty
<br /> ��nstitutes fixtures, and Lender shall ha�e all of the rights of a secured party under the Uniform Commer�ial Code
<br /> as amended from time to time.
<br /> 5ecurity Interest. Upon request by Lender, Trustor shall take whate�er acti�n is requested by Lender to perfect
<br /> and continue Lender's security interest in the Rents and Personal Property. In addi#ion ta recording this Deed ❑f
<br /> T�ust in the real prope�ty records, Lender may, at any time and rrvithout further authori�ation from Trustor, file
<br /> exe�uted counterparts, cvpies or reproductians of this Deed of Trust as a financing statement. Trustor shall
<br /> reimburse Lender for all expenses incurred in perfecting vr cvntinuing this security int�rest. Upon default, Trustor
<br /> sha�1 not remo��, se�er or deta�h the Personal Property fram the Property. Upan default, Trusiar shall assemble
<br /> any Personal Property not affixed to the Pr�perty in a rnanner and at a pla�e reasonably con�eni�nt to Trustor and
<br /> Lender and make +t a�ailable to Lender with�n three �3� days after receip# of written demand from Lender to the
<br /> �xtent permitted by applicable law.
<br /> Addresses. The mailing addresses of Trustvr �debtory and Lender �secured party� frvm wh�ch information
<br /> concerning the security int�rest granted by this Deed of Trust may be obtained ��ach as required by the Unifarm
<br /> Cvmm�rcial Codey are as stated on the first page of this ❑eed af Trust.
<br /> FURTHER ASSURANCES; ATT�RNEY-IN-FACT. The following pro�isivns relating to further assurances and
<br /> attvrney-in-fact are a part❑f this Deed of Trust:
<br /> Further Assuran�es. At any time, and frvm time to time, upvn request vf Lender, Trustor will mak�, execute and
<br /> deli�er, vr will cause to be made, executed or deli�ered, to Lender❑r t❑ Lender's designee, and when requested by
<br /> L�nder, cause to be filed, recorded, refiled, ❑r rerecorded, as the case may be, at such times and in such vffices
<br /> and places as Lender may deem appropriate, any and all such m�rtgages, deeds of trust, security deeds, security
<br /> agreements, finan�ing statements, continuation statements, instruments of further assurance, certi�icates, and
<br /> vther documents as may, in the svle apinion of Lender, be necessary or desirahl� in ❑rder to effectuate, complete,
<br /> perfect, continue, or prese��e �1� Trustor's vbligatians under the Nate, this ❑�ed of Trust, and the Related
<br /> Do�uments, and {�} the liens and security interests crea�ed by this ❑eed of Trust as first and prior 4iens on the
<br /> Property, wheth�r now vwned or hereafte� acquired by Trustvr. lJnless prohibited by �aw or Lender agrees to the
<br /> ��ntrary in writing, T�ustvr shall r�imburse Lender #or al1 costs and expenses incurr�d in cvnnectian with the
<br /> matters referred to in this paragraph.
<br /> Attorney-in-Fa�t. If Trustor fails to da any �# the things r�ferred to in the prec�ding paragraph, Lender may do so
<br /> far and in the name of Trustar and at Trustar's expense. For su�h purposes, Trustor hereby ��re�o�ably appoints
<br /> Lender as Trustor's attarney-in-#act for the purpose of making, executing, deli�ering, filing, recarding, and doing all
<br /> vther things as may b� necessary or des�rable, in Lend�r's sole opinion, to acc�mplish the matters referred ta in
<br /> the pr��eding paragraph.
<br /> FULL PERFDRMANCE, If Trustar pays afti the Indebtedness, in�luding without limitatian all future ad�ances, when due,
<br /> and otherwise pe�forms all the obligations imposed upon Trustvr under this Deed of Trus�, Lender shall execute and
<br /> deli�er t❑ Truste� a request fvr full recon�eyance and shaif execute and de4i�er to Trustor suita�le statements of
<br /> termination of any financing statement on file e�idencing Lender's security interes� in the Rents and the Personal
<br /> Proper#y. Any recon�eyance fee requ�red by law shall be paid by Trust�r, if permitted by applicable law,
<br /> EVENTS DF DEFAULT. Each of the following, at Lender's aption, shall c�nstitute an E��nt of ❑efault under this ❑eed
<br /> vf Trust:
<br /> Payment Default. Trustor fails t� make any payment when due under the Indebt�dness.
<br /> �ther ❑e#aults. Trustor fa�ls to compky with or to perfarm any ather term, ❑bligation, cv�enant or candition
<br /> contained in this Deed of Trust or in any of th� Related Dacuments or to �omply with ar to perform any term,
<br /> abligation, co�enant or cnndition cantained in any other ag�eement between Lender and Trustor.
<br /> Cvmpliance aefault. � Failure to comply with any other term, vbligation, ca�enant ❑r condition contained in this
<br /> Deed of Trust, the Note or in any vf the Re4ated Documents,
<br /> Default on�ther Payments. Fa�lure vf Trust�r wi#hin the time required by this Deed of Trust t❑ make any payment
<br /> for taxes or insurance, or any other payment necessary to pre�ent filing ❑f or to effect discharge of any lien.
<br /> Defaul# in Fa�or af Third Partigs. Should Grantor default under any loan, extension of cr�dit, security agr��ment,
<br /> purchas� or sales agreement, or any other agreem�nt, in #a�or of any other creditvr ❑r persvn that may materially
<br /> affect any o# Grantor's property ❑r Grantor`s ability to repay the Ind�btedness or Grantor's ability to perform
<br /> Grantor's obligations under this D�ed of Trust or any of the Related �ocuments.
<br /> False Statements. Any warran�y, representatian or stat�ment made ar furnished to Lender by Trustvr or on
<br /> Trustor's behalf under this Deed of Trust or the Related Da�uments is false or misleading in any material r�spect,
<br /> either now vr at the time made ar furnished or becomes false or misleading at any time thereafter.
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