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2� 1 ��5931
<br /> DEED t]F TRUST
<br /> ����ltinued� Page 4
<br /> Lender such instruments and documentation as may �e requested by Lender from time ta time to permi� such
<br /> part�cipa�ion,
<br /> Applicat�on of Net Proceeds. if all or any part of the Property is condemned by eminent damain praceedings ❑r by
<br /> any proceeding o�pur�hase in lieu❑f candemnat�on, Lender may a'� i�s election require that a�l o�any por�ion of the
<br /> net proceeds o� the award be applied to the I ndebtedness or the repair vr r�storati�n o� the Praperty. The net
<br /> proceeds of the award shall mean the award afte� payment of all reasonable costs, expenses, and attorneys' �e�s
<br /> incurred by Trustee ❑r Lender in connect�on with the cvndemnation.
<br /> IMP�SITIQN QF TAXES, FEES AND CHARGES BY G�VERNMENTAL AUTH�RITiES. The fol[ow�ng pro�isions relating
<br /> ta ga�ernmenta[taxes, fees and charg�s ar� a pa�t v�this �eed of Trus�:
<br /> Current Taxes, Fees and Charges. Upon request by Lender, Trus�or shall execute such documents in additi�n to
<br /> this Deed �f T�ust and take whate�er other actifln is requested by Lender to perfe�t and cant�nue Lender's lien �n
<br /> the Real Property. Trus�or shall reimburse Lender for al! taxes, as described below, together with all expenses
<br /> incurred in r�c�rding, perfie�ting or continuing fih�s Deed ❑� Trus�, including withou� limitation a�� taxes, �ees,
<br /> documentary stamps, and o�her�harges far recording or registering this Deed of Trust.
<br /> Taxes. The follawing shall consti�ute �axes to which this s�ction applies: �1� a spe�ific tax upon this type af
<br /> Deed ofi Trus� or upon all vr any par� af the fndebtedness secu�ed by this Deed of Trust; �2� a speci�ic tax on
<br /> Trustor whi�h Trust�r is authori�ed or required to deduct€ram payments on the indeh�edness secured by this type
<br /> of Deed of Trust; {3j a �ax on this type❑f Deed of Trust chargeab�e against the Lender or the h�ld�r o�the Note;
<br /> and {4} a spe�ific tax on aI� ❑r any por�ion of the Ind�btedness or on payments of principal and interest made by
<br /> Trustor.
<br /> Subsequent Taxes. If any tax to whi�h �his se�tion applies �s enac�ed subs��u�nt to �he date of this D�ed o�
<br /> Trust, this e�ent shall ha�e �he same e��ect as an E�ent of Default, and Lender may exercise any or all of its
<br /> a�ailable rem�dies �ar an E�en� o�F Defauit as pro�ided below unless Trus�or either t 1� pays the tax before it
<br /> bec�mes delinquent, a� �2} contes�s the tax as pro�ided abo�e in the Taxes and Liens s�cti�n and deposits with
<br /> Lender cash or a sufficient�arpvrate surety bond or other security satis�actory to Lender.
<br /> SECURITY AGREEMENT; FINANCiNG STATEMENTS. The f�llowing pra�is€ons relating tv �his Deed of T�ust as a
<br /> security agr��ment are a part of this ❑eed a#Trus�:
<br /> 5ecur�ty Agceement. This instrument shall constitu�e a 5e�urity Agreement to th� extent any of �he Property
<br /> constitutes fixtu�es, and Lender shaff ha�� all of the rights af a secured par�y under the Uni��rm Cammercial C�de
<br /> as amended from t�me to time.
<br /> 5e�urity Interest. LJpon request hy Lender, Trustor shal� tak� whate�er action is reques�ed by Lender to perfec�
<br /> and cont�nue Lender's secu��ty interes� in �he Rents and Persona� P�operty. In addition to recording th�s Deed ❑f
<br /> Trust in the real pr�p�rty r�cards, Lender may, at any time and without �urther authorization from Trustor, �ile
<br /> executed �vunterpar�s, �op�es ar repradu��ians af this Deed of Trust as a f�nancing statement. Trustor sha��
<br /> reimburse L�nder�or all expenses incurred in perfec�ing or continuing thfs security interest. Upon default, Trusto�
<br /> shall not remo�e, se�er or detach the Persvnal Prop�rty �rom the Property. lJpan de�au�t, Trustor shall assemb�e
<br /> any Persvnal Prop�r�y no�affixed to the Property in a manner and a�a place reasanably con�enient to Trus�vr and
<br /> Lender and make it a�ailable ta Lender within three �3} days after receip� �f written demand �rom Lender to the
<br /> exten�permitted by appli�able law.
<br /> Addresses. Th� mai�ing addresses of Trustor 4debtor3 and Lender �secured par�y� fr�m wh�ch infarma�ion
<br /> conce�ning the security interest granted hy this Deed vf Trust may be obtained �each as required by th� Uniform
<br /> Comme��iaf Cod�� are as stated on the firs�page of this Deed of Trust.
<br /> FURTHER ASSURANCES; ATT�RNEY-�N-FACT. The fallowing pro�isians reiating to �urther assurances and
<br /> attorney-in-fact are a part of�his Deed of Trust:
<br /> Fur#her Assurances. At any time, and from �ime �� t�me, upon request of Lender, Trust�r wili make, execute and
<br /> d�li���, or will cause to be made, executed ar deli�er�d, ta Lender or to Lender's designee, and wh�n requested by
<br /> Lender, cause to he filed, recorded, refiled, or rerecarded, as the case may �e, at such times and in such of��ces
<br /> and places as Lender may deem appropriate, any and all such martgages, deeds o�t�ust, security deeds, security
<br /> agreements, �inancing sta�ements, continuatian statements, instrumen�s af further assuran�e, certifi�a�es, and
<br /> ather documents as may, in the sole opinian o� Lender, be ne�essary ar desirable in order to e�fectuate, comple#e,
<br /> per�ect, continue, or preser�e t�� Trustor's obligations under the Note, this Deed af Trust, and �he Rela�ed
<br /> Documents, and ��� the liens and securi�y int�r�sts cr�ated by this ❑eed ❑f Trust as firs� and priar �iens on the
<br /> Property, whether n�w owned or hereafter a�quired by Trustor. Unfess prohib�ted by faw or Lender agrees to the
<br /> �antrary in w�iting, Trustor shail r�im�urse Lender for all cos�s and expenses incurred in connec�ion with �he
<br /> mat�ers referred to in this para�raph.
<br /> Attorney-in-Fact. If T�ustar fails to do any of the �hings re�erred ta in the preceding paragraph, Lender may do so
<br /> for and in the name of Trustar and at Trustor's expense. For such pu�poses, Trus�or hereby irre�ocably appoints
<br /> Lender as T�ustor's a��orney-�n-�act for the purpose af making, executing, deli�ering, filing, recording, and d�ing a��
<br /> ❑ther things as may be necessary or des��ab�e, in Lender's sole opini�n, to accompfish the matters referred to in
<br /> the pre�eding paragraph.
<br /> FULL PERFDRMANCE. ��Trustar pays all the Indeht�dn�ss, �nciuding without limitation all fu�ur� ad�ances, when due,
<br /> and otherwise performs al! the abligations imposed upon Trustar under this aeed ❑f Trus�, Lender sha�l execute and
<br /> deli�er to Trustee a request far full recon�eyance and shall execute and de�i�e� ta Trustor sui�able statements vf
<br /> termination o� any financing statement an file e�idencing Lender's security interest in the Ren�s and the P�rsonal
<br /> Property. Any recon�eyance fee r�quired hy �aw shall be paid by Trus�or, if permitt�d by app�i�able law.
<br /> EVEIVTS �F DEFAULT. Each of�he following, at Lender's aption, shall cons�i�ute an E�ent of De�au�t under this Deed
<br /> o�Trust:
<br /> Payment De#ault. T�ustor fails to make any payment wh�n due under the Indebtedness.
<br /> �#her Defaui�s. Trustor �a�ls to cvmply wi�h ar to p�rform any ather term, obliga�ian, co��nant or condition
<br /> contained in this Deed of Trust ❑r in any of �he Related Documents or to comp�y with or to perfvrm any term,
<br /> obligati�rn, co�enant or condition contained in any�ther agreement between Lender and Trustar.
<br /> Comp��ance Default. Failure ta comply vvith any oth�r term, o�liga�ion, �o�enant or �onditian contained in this
<br /> Deed af Trust, the No�e or in any of the Refated ❑ocuments.
<br /> []efaul�on �ther Payments. Failur� ❑f Trustor within the time required hy this ❑eed ❑�Trust�a make any payment
<br /> for�axes ar insu�an�e, ar any oth�r paym�nt necessary to pre�ent filing of or�o effect discharge af any lien.
<br /> De�ault in Fa�ar vf Third Par�ies, Shoufd G�ant�r de#ault under any loan, ex�ension of credit, s�curity agreement,
<br /> purchase or safes agreemen�, or any �ther agreement, in fa�ar af any o�her credit�r ❑r person �hat may materially
<br /> a��ect any of Grantor's proper�y or Grantor's abi[�ty to repay the fndehtedness or Grantor's abil�ty ta perform
<br /> Grantor's obligations under this Deed of Trust or any��the Related Dvcuments.
<br /> Fa�se S#atemen�s. Any warranty, represen�ation or statement made vr furnished ta Lender by Trustor Qr on
<br /> Trustor's behalf under this Deed af Trust or the Related Documents is fa�se or misleading in any material respect,
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