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2� 1 ����37
<br /> vEEv oF -rRusT
<br /> Loan tVo: 7�'!�985�8 �Contlnued} Page 5
<br /> Na Nlodificativn. Trus�ar shall nat enter into any agreement wi�h #he hvlder of any mor#gage, deed v� f�ust, ❑r
<br /> other security agreement which has priarity ❑�er �his De�d af Trust hy whi�h that agreement is modi�ied,
<br /> amended, extended. or renew�d wifihaut the prior written cvnsen� o� Lender. Trustor shall neither request nar
<br /> accept any tuture ad�ances under any such secu�ity agr�ement without the privr writt�n consent❑f Lender.
<br /> C�NDEMNATIaN. The�o�lowing pra�isi�ns relating tv condemnatian proceedEngs are a part of this Deed of Trust:
<br /> Proceedings. !fi any proceed�ng in candemnation is filed, Trustor' shall promp�fy notify Lender in writing, and
<br /> Trustvr sha�l promptly take such steps as may be necessary �❑ defend the activn and obtain the award. Trustor
<br /> may be the nomina� party in such proceeding, but Lender sha[[ b�enti�led to participate in the proceeding and ta be
<br /> represented in the proceeding by caunsei of i�s awn �hoice� and Trustvr will de[i�er or cause ta be defive�-ed to
<br /> Lender such instrumen�s and documentativn as may b� reques�ed by Lende� fram time fio fiime �o permit such
<br /> par�icipation.
<br /> AppIicativn of Net Proceeds. !f a[E or any part❑�the Property is col�demned by eminen�damain proceedings or by
<br /> any proceeding or pur�hase En lieu of condemnation, Lender may at its e[ection �equire tha�all or any portian v�the
<br /> net proceeds vf the award be app[ied to the Indeb��dness or the repair ❑r restaration a� the Property. The ne�
<br /> prviceeds af th� award shaE! mean the award after payment ❑f all reasonable costs, expenses, and attorneys' fees
<br /> incurred by Trus#ee or Lender in connection with the c�ndemnation.
<br /> iMP05ITI�N 4F TAXES, FEES AND �HARGES BY GnVERNIVIENTAL A[JTH�RITIES. The foE�owing prv�isians relating
<br /> to go�ernmental taxes, fees and �harges are a part ofi this Deed of T�ust:
<br /> Current Taxes, Fees and Charges. Upon request by Lender, Trustar shall execute such dv�umen�s in additivn to
<br /> this Deed ❑�Trusf and take whate�er❑th�r action is requesfied by Lender tv perfect and cantinue Lender's lien an
<br /> the Real Property. Trustar sha�l reimburse Lender �or al1 taxes, a� described helvw, together w�th all expenses
<br /> incurred in recard�ng, perf�cting or continuing this Deed of Trust, in�luding withvut limitativn a[E �axes, fees.
<br /> documenta�y stamps, and o�her charg�s far re�ording ar register�ng this Deed of Trust.
<br /> Taxes. The �oll�wing shali canstitute taxes t❑ whi�h this section applies: t�} a speci�ic tax upan fihis type ��
<br /> ❑eed of Trust ar upan all ❑r any part o�the [ndebtedness secured by this Deed af Trust; {2� a specific tax on
<br /> Borrflwer which Borrower is auth�rized or required to deduct �rom payments ❑n the [ndebtedness se�ured by this
<br /> type of Deed o�f Trust; �3} a tax vn this type a�f�eed af Trus� chargeabie against fhe Lender or the hvlder of fihe
<br /> Note; and �4} a specitic tax vn al[ or any portion of the indebtedness or on payments vf principaf and interest
<br /> made by Borrvwer.
<br /> 5ubsequent Taxes, lf any tax to which thEs section appfies is enacted suhsequenfi t❑ �he date ❑fi this �eed vf
<br /> Trust, this event shalf ha�e the same efFect as an E�ent of Default, and Lender may exercise any or all of �ts
<br /> a�ailable remedEes �ar an E�ent of Default as pro�Eded belnw unless Trusfior either ��} pays the tax [�e�vre it
<br /> becomes deiinquent, ar �2} contests the tax as pro�ided aba�e in the Taxes and Liens s�ctian and deposits w�th
<br /> Lender cash❑r a sufficient corporate surety bond ar vther security satisfactvey t� Lender.
<br /> SECUR�TY AGREEMENT; FINANCING STATEMENTS. The following pra�isions relating to fihis Deed of Trust as a
<br /> secu�i�y agreement are a part o#this Deed af Trust:
<br /> Securi#y Agreemen#. This �nstrument shall constitute a S�curi�y Agreement t❑ the extent any ❑f the Property
<br /> constftu�es fixtures, and Lende�-shall ha�e all vf the rights at a secured party under the Uni#orm Comme�-cial C�de
<br /> as amended�rom tim�to time.
<br /> 5ecurity �nterest. Upon request by Lender, Trust�r sha!! take wh�te�er action is requested by Lender t❑ perfect
<br /> and continue Lender's security interest in the Rents and Persona� Property. ln addition to recarding �his ❑eed ot
<br /> Trust in �he real property recvrds, Lender may, at any time and vvithout further authorizatian firam Trustvr, fi[e
<br /> exe�uted counterparts, �vpies or reproductions at this �e�d of �'rust as a financing sta�ement. Trustvr shal[
<br /> reimburse Lender tor all expenses Encurred in perfecfing or continuing this security interes�. Upvn default, Trustvr
<br /> shal[ not remo�e, se�er or deta�h the Personal Property fram the Praperty. Upvn defau[t, Trus�or shall assemhle
<br /> any Persanal Praperty not affixed ta the Praper�y in a manner and at a p[ace reasonabEy con�enEent to Trust�r and
<br /> Lender and make it a�ailable t❑ L�nder wifihin three {3y days after re�eEpt of written demand frvm Lender �a the
<br /> extent permitted by applicahle law.
<br /> Addressss. The mailing addresses of Trustor �deE�tory and Lender �secured partyy from which infarmation
<br /> cancerning the securi�y interest granted by this Deed ❑f Trust may► he obtained {each as required by �he Unifiorm
<br /> Commercial Cvdey are as stated❑n the tirst page af this Deed o#Trus�.
<br /> FURTHER ASSURANGES; ATT�RNEY-IN-FACT. The foflowing prv�isions relating t� further assurances and
<br /> attorney-in-fac�are a part❑f fihis Deed of Trust:
<br /> Further Assuran�es. At any time, and �ram time to time, upvn requesf vf Lender, Trustor wi�l make, execute and
<br /> deli�er, ar will cause fio be made, executed ar de[i�ered,tv Lender vr ta Lender's designee, and wh�n requested by
<br /> Lender, cause to be filed, recorded, refiled, or rerecard�d, as the �ase may be, at such times and �n such ❑ffices
<br /> and piaCes as Lender may deem appropriate, any and al[ such mortgages, deeds of trust, se�urity deeds, se�urity
<br /> agreements, �inan�ing statements, continuation statements, instr�ments of #urther assurance, certificates, and
<br /> other dvcuments as may, in�he svle opinian �f Lender, be necessary ar desirable in order to etfec�ua�e, cflmplete,
<br /> perfect, cvntinue, or preserve �1� gorrvwer's and Trustor's obiiga�ians under the Note, this D�ed o�Trust, and
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