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2� 1 ���379
<br /> �EE� oF r�us�r
<br /> Loan �Io: 35��39D79 �Co nti n ued} Page 4
<br /> sha[[remain in full fvrce and effec�unti!such time as Trustor`s Inde�tedness shall be paid in�uil.
<br /> CONDEMNATI�N. The fo1[owin�pra�isians relating to condemnatian praceedings are a part o�this Deed a�Trust:
<br /> Proceedings. lf any praceeding in candemna�ic�n is fled, Trustor shall pr�mptly notify Lender in writing, and
<br /> Trustor shall prvmpt[y take such st�ps as may be necessary tv defend�he actian and vb�ain the award. Trustvr
<br /> may be the nominal party in such proceeding, but Lender shall be en�itled to participate in the proceeding and ta be
<br /> represented in the pr��eeding by cvuns�l of its awn choice, and Trustor will de[i�er or cause to �e deli�ered to
<br /> Lender such instruments and documentatian as may be requested by Lender #rom time ta �ime �o permit such
<br /> participation.
<br /> App[icat�on o�Ne�Proceeds. I�all or any part of the Property is�vndemned by eminent domain proceedings ar by
<br /> any prviceeding or purchase in lieu�f condemnation, Lender may a�its election require that all vr any portion vf the
<br /> ne� proceeds of the award be applied ta the Indebtedness or the repair or resto�ation af the Praperty. The net
<br /> pr�ceeds of the award shaIl mean the award after payment of al! reasonable c�s�s, expenses, and aitarneys'#ees
<br /> incurred by Trustee or Lend�r in c�nn�c#ian wi�h the condemnation.
<br /> 1MP451Tt�N QF TAXES, FEES AN� GHARGES BY GnVERNMENTAL AUTHORITIES. The fallawing prv�is�ans relating
<br /> �a gv�ernmental taxes,fees and charges are a part af this❑eed of Trust:
<br /> �urrent Taxes, Fees and Charges_ Upon reques# by Lender, Trustar shall execute such documents in additian to
<br /> this Deed af Trus�t and take whate�er vther ac�ion is requested by Lender ta pertect and con#inue Lender's lien on
<br /> the Real Praperty. Trusto� sha[i reimburse Lender for all taxes, as descri�ed be[aw, t�gether rrvith ail expenses
<br /> incurr�d in recording, perfectin� or confiinuing this Deed of Trust, in�lud�ng withou# limitatian al! taxes, fe�s,
<br /> documentary stamps,and o�her charges fflr recording or re�istering this D�ed af Trust.
<br /> Taxes. The following sha[1 cvnstitute taxes�o which �his section app[i�s: 41} a speci�ic tax upon this type of
<br /> Deed �f Trust ar up�n all or any part af the 1nde�tedness secured by this Deed of Trust; {2} a specific tax on
<br /> Trus�ar which Trustar is authorized or required�v deduct from payments on the Cndehtedness secured by this type
<br /> of Deed of Trust; �3} a tax on this type of Deed of Trust chargeab[e against#he Lender or the halder of the Note;
<br /> and t4} a sp�cific tax an all or any par#ian of the Indehtedness or an payments of principa! and interest made by
<br /> Trustnr.
<br /> Subsequent Taxes. l€ any tax to which this section applies is enacted suhsequent ta th� date vf this Deed of
<br /> Trust, this e�ent shall ha�e the sam� eff�c� as an Euent of Default, and Lender may �xer�ise any or aii vf its
<br /> a�ailable remedies for an E�ent of Defau[t as pro�ided be[ow un[ess Trust�r either ��} pays #he tax befvre it
<br /> becomes delinquent, or �2} c�ntes�s the tax as pra�id�d abo�e in the Taxes and Liens section and deposits with
<br /> Lender cash ar a sufficient cvrporate surety bvnd ar ather seCurity satisfactvey#a Lender.
<br /> SECURITY AGREEIUlENT; F[NANC�NG STATEN[ENTS. The fvl[vwing pro�sions re[atin� to this Deed of Trust as a
<br /> security agreement are a part af this Deed of Trust:
<br /> Security Agreemen�. This instrument shall cans�i�ute a 5ecuri#y Agreement to the extent any af th� Praperty
<br /> cansti�utes fixtures, and Lend�r shall ha�e a[[of the righ#s of a secured party under the Uni�orm Commercial Code
<br /> as amended frvm tim�to time.
<br /> Security ln�terest. Upon request by Lender, Trustor shal! take whate�er activn is requested by Len�er to pertect
<br /> and continue Lender's security interest in the Rents and Personal Property. ln additivn to recording this Deed vf
<br /> Trust in the real property records, Lender may, at any time and withvut further authc�rizativn frvm Trustar, file
<br /> exe�uted caunterparts, copies vr reprvducti�ns of this Deed of Trus�t as a fnancing statement. Trustor sha[[
<br /> reim�u�se Lender for a�l exp�nses�ncurred�n per�ect�ng vr con��nu�ng this seGu�ity inter�st. Upon default, Trustor
<br /> sha[I not rema�e, se�er or detach the Personal Prflperty from th� Property. Upon defau[t, Trustor shail assemble
<br /> any Personal Prvperty not affix�d tv the Praperty in a manner and at a p[ace reasonably c�nveni�n�to Trustor and
<br /> Lend�r and make it a�ailable ta Lender wi�hin �hree �3} days a�ter receipt of written demand from Lender to the
<br /> exten�permitted by app[ica�ie[aw.
<br /> Addresses. The mailing addresses of Trustar �de�tor} and Lender �secured party} from which informa�ion
<br /> concerning the security int�res�gran�ed by this Deed of T�ust may be obtained �each as required by the Uniform
<br /> Gommercial Cvde}are as stated on the f rst page of this De�d of Trust.
<br /> FURTHER ASSLfRANCES; ATT�RNEY�-[N-FACT. The foll�wing prv�isions relating ta further assurances and
<br /> attorney-in-fact are a part of this De�d of Trust:
<br /> Fur�her Assurances. A�any time, and fram time to time, upc�n reques�vf Lender, Trustor wil[ make, execute and
<br /> deli�er, or wi}1 cause to be made,executed ar de[i�ered,ta Lender ar to Lender's designee, and when requested by
<br /> Lender, cause to be fi[ed, recorded, refiled, ar rerecorded, as the case may be, at such times and in such vifices
<br /> and places as Lender may deem appr�priate, any and all such mortgages, deeds of trust, security deeds, security
<br /> agreements, fnancing statements, cantinuation statemen�s, instruments o� �urther assurance, certif'r�ates, and
<br /> ather dvcuments as may, in the sole opinion af Lender, be necessary or desirab[e in order to effec�tua�e, camplete,
<br /> per�ect, cantinue, or preserve ��} Trustor's vbligativns under the Note, this Deed of Trust, and the Related
<br /> Dacuments, and �2} the liens and security in�erests�reated by this D�ed of Trust as f rst and priar[iens on the
<br /> Property, whether now owned or hereaf�er acquired by Trust�r. Unless prohibit�d by[aw or Lender agrees tv the
<br /> c�ntrary in writin�, Trustar shaCl reimburse Lender far aIl casts and expenses incurred in connection with �he
<br /> matters referred tv in this paragraph.
<br /> A�ttorney-�n-Fact. tf Trustor fails to d❑any of the things referred tv in the pre�eding paragraph, Lender may do sv
<br /> for and in the name o�Trustor and at Trustvr's expense. For such purpases, Trustor here�y irre�acably appoints
<br /> Lender as Trustor's a�torney-in-fact fvr�h�purpose a�making, executing, defi�ering,fIing, recording, and daing aIl
<br /> o�her things as may�e necessary or desirable, in Lender's sole �pinion, to acc�mplish the mafters referred�a in
<br /> the preceding paragraph.
<br /> F�LL PERF'�RMANCE. If Trustor pays a.[I#he [ndebtedness, including withvut Iimitation a11 future ad�ances, when due,
<br /> and otherwise perForms aI[ #he obligations impas�d upvn Trustvr under this Deed of Trust, Lender shall execu�e and
<br /> deli�er �o Trustee a request far fu!! r�con�eyance and shall execu#e and deli�er ta Trustor sui�tab[e statements of
<br /> terminatian of any financing statement an �'rIe e�idencing Lender's security interest in the F�ents and the Personal
<br /> Property. Any recvn�eyanc�fee required by law sha11 be paid by Trustor, 'rf permitted by applicab[e law.
<br /> EVENTS�F DEFAULT. Each o�the�ollowing, at Lender's optian, sha[1 c�ns�titute an E��nt af Defau[t under this Deed
<br /> af Trust:
<br /> Paymen�Defaul�. Trust�r faiis to make any payment when due under�hs Indeb�edness.
<br /> ��her Defaults. Trustor fails to cvmply with or to pe�fiorm any other term, obligatian, co�enant ar canditian
<br /> cantained in this Deed o�Trus� ar in any vf the Related Documents ar to comp[y with or tv p�rfvrm any term,
<br /> obligatian,ca�enant�r condition contained in any other agr�emen�be�►veen Lend�r and Trustor.
<br /> Compliance D�faul�. Fai[ur� �a comp[y with any a�her term, ❑�I'r�atian, co�enant or candition con#ained in this
<br /> Deed of Trust,�he Note or in any of the Related Da�uments.
<br /> Defaul�on D#her Payments. Failure af Trustar v+r�thin the time r�quired by this Deed of Trust to make any payment
<br /> for taxes or insurance,�r any other payment necessary to pre�ent fiiing of or to effec�discharge of any lien.
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