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2� 1 ����77
<br /> DEED �F TRUST
<br /> �Continued� Page 4
<br /> r�presen�ed in the pro��ed�ng by caunsel of its ow�n choice, and Trus�or will deli�er or caus� to be deli�ered �o
<br /> Lender such instruments and dacumentation as may be reques�ed by Lender from tim� to time to permi� such
<br /> par�icipativn.
<br /> App�ication of Net Proceeds. I�f a�l or any par� of the Praper�y is condemned by eminent domain prviceedings vr by
<br /> any proceeding or purchase in lieu of condemnation, Lender may a�its ele�tion require that all or any portion of the
<br /> ne� proceeds �f th� award be applied to �he Indeb�edness vr �he repair or restoration o� the Prvpert�. The net
<br /> proceeds of�he award shall mean the award af�er paymen�of all reasonable costs, expens�s, and attorneys' fees
<br /> incurred by Trustee o� Lender in�annec�ion wi�h�he condemnation.
<br /> IMP�SITIDN QF TAXES. FEES AND GHARGES BY G�VERNMENTAL AUTH�RITIES. The follow�n� pro�isi�ns relating
<br /> to gv�ernmenta�taxes, fees and charges are a part�f this ❑��d af Trust.
<br /> Current Taxes, Fees and Charges. lJpan requ�st by Lender, Trustor sha�� execute such dacumen�s �n add�t�o� �o
<br /> �his Deed of Trus�and take whate�er other actian is requested by Lender to per#ect and con�inue Lenc�er's ��en on
<br /> the Real Prflperty. Trustor shall reimburse L�nd�r for al� �axes, as described belvw, tvgether with afl exp�nses
<br /> incurred in recarding, perfecting or �ontinuing �h�s Qeed o� Trust, inc�uding without limi�a�ion all taxes, fees,
<br /> documentary stamps, and o�her charges for recording 4r registering this D�ed o�Trust.
<br /> Taxes. The ��Ilowing shall cons�i�u�e �axes to whi�h this section applies: {1� a speci�ic tax upon �his type a�
<br /> Deed of Trust or upan all or any par� of the Indebtedness secured by this Deed o'�Trust; �23 a specific tax on
<br /> Trustor which Trustor is authori�ed or required �o deduct fram paym�nts on th� Indebtedness secured by this type
<br /> of Deed of Trust; �3} a tax an th�s type�f Deed of Trus�chargeable agains�the Lender v��he holder of the Note;
<br /> and �4) a specific �ax on a�� or any por�ion of the Indebtedness or on payments of principa� and interest made hy
<br /> Trustvr.
<br /> 5ubsequent Taxes. �f any tax to whi�h this sec�ion applies €s enac�ed subsequent to the date of this ❑eed ❑f
<br /> Trus�, �his e�ent sha€I ha�e the same e�fect as an E�ent of Defaul�, and Lender may exercise any or all of its
<br /> a�ailable remedies for an E�ent a� ❑e�ault as pro�ided helaw unless Trustor either �1� pays the tax before i�
<br /> bec�mes delinquent, vr �2� contests �he tax as pro�ided aho�e in the Taxes and Liens section and deposits wi�h
<br /> Lender cash ar a suffici�nt carporate surety bond❑r other security satisfactory to Lender.
<br /> SECURfTlf AGREEMENT: FINANCING STATEMENTS. The �o1low�ng pro�isions relating to �his Deed of Trust as a
<br /> secur€ty agreemen�are a part af this ❑eed o�Trust:
<br /> Security Agreement. This ins�rument shall constitute a S�cur�ty Agreement to the ex�ent any of �he Property
<br /> consfiitutes �rixtures, and Lender shall ha�� alf of the rights of a secured party unde�the Uni�orm Commercial C�de
<br /> as amended from time to time.
<br /> Security Inter�st. Upan reques� �y Lender, Trus�or shall take whate�er actian is requ�sted hy Lender �❑ perfect
<br /> and continue Lende�'s security interes� in �he Ren�s and Personal Property. ln addition to recvrding �his �]eed of
<br /> Trus� in the real praperty records, Lender may, at any time and wi�hout further author�za�ion �ram Trustor, file
<br /> executed counterparts, copies ar reproductions of this Deed Qf Trust as a �inan�ing statement. Trus�or shall
<br /> reimburse Lender for a!i expenses incurred in perfe�ting or �on�inuing this security interest. lJp�n default, Trustor
<br /> shall no� rema�e, se�er or d�tach the Personal Praperty from the Proper�y. Upon default, Trustor shall assemble
<br /> any Personal Property not a���xed to the Prop�rty in a manner and a�a place reasonably can�enient ta Trustar and
<br /> Lender and make it a�ailab�e �o Lender w�thin three �3} days a�ter receipt vf wri�ten demand #ram Lender t❑ the
<br /> extent permitted by applicabfe law.
<br /> Addresses. The mailing addresses of Trustor �debtar� and Lender �secur�d party� #rom which information
<br /> �oncerning �he security interest granted by this Deed of Trust may b� obtained �each as required by �he Uniform
<br /> Cvmmerciaf Cade� are as stated on the first page of�his Deed of Trust.
<br /> FURTHER ASSURANCES: ATT�RNEY-�N-FACT. The following pro�isions rela�ing �v furth�r assurances and
<br /> attorney-in-#ac�are a part❑f this Deed a�Trust:
<br /> Further Assurances. A� any time, and from tim� �o time, upan request ❑� Lender, Trustor will make, �xe�ute and
<br /> deli�er, or will cause ta I�e made, execu�ed or deli�ered, to Lender�r t� Lender's designee, and when requested by
<br /> Lender, cause �a be fi��d, recvrded, refiled, or rerecorded, as the �as� may he, at such �imes and in such offices
<br /> and places as Lender may deem appropriate, any and all such mortgages, de�ds of trust, security deeds, security
<br /> ag�eements, financing statements, continuativn statements, instruments of further assurance, certi��cates, and
<br /> vther d�cuments as may, in the svfe opinian �f Lender, he necessary vr desirah�e in order�o effec�uat�, comp��te,
<br /> perfe�t, �ontinue, or preser�e {1} Trustor's obligatians under the Note, �his Deed �# Trus�, and the Related
<br /> Dacuments, and �2� the liens and security interests created by this ❑�ed o�Trust as first and prior liens �n the
<br /> Property, whether nvw owned or hereaf�er a�quired by Trustor. Llnf�ss prohibited by law or Lender agrees t� the
<br /> �on�rary in writing, T�usto� shall reimburse Lender for all cos�s and �xpens�s incurr�d in �annectian uvi�h the
<br /> mat�ers referred to Fn this para��aph.
<br /> Attvrney-in-Fac�. �f Trust�r fails to da any o��he things re�erred to in th� preceding paragraph, Lender may do sa
<br /> #or and in the name of Trustor and at Trustar's expense. For such purposes, Trustor h�re�y irre�o�a�fy appoints
<br /> Lender as Trustor's attorney-in-fact for the purpose of mak�ng, executing, de����ring, filing, recarding, and t�a�ng ali
<br /> o�her things as may be necessary vr desirable, in Lender's sol� opinion, to accampiish the matters re�ferred ta in
<br /> the prec�ding paragraph.
<br /> FULL PERF�RMANCE. I� Trustor pays all the Indebtedness when due, and otherwise performs ai� �he obliga�ions
<br /> impased upon Trustor under this Deed o� Trust, Lender shall execute and deli�er to Trustee a request for full
<br /> recan�eyan�e and shall �xe�ut� and d�li�e�to Trustor suitable statements of termination of any financing statement an
<br /> file e�idencing Lender's security interest in the Rents and the Personal Praperty. Any recon�eyance�ee required by law
<br /> shaff be paid hy Trustor, if permi��ed �y appli�able faw.
<br /> EVENTS DF DEFAULT. Each of the follawing, a� Lender's option, shall constitute an E�ent o� De�au�t under this Deed
<br /> �f Trust:
<br /> Payment�e�ault. Trustor�ails to make any payment when due under the lndebtedness.
<br /> ❑#her Defaults. Trustvr faifs t❑ comply with or ta pe��orm any flther term, o�liga�ivn, co�enant �r conditian
<br /> C�ntained in this Deed of Trust or in any o� the Related Do�uments or to �omply with or �o perform any te�m,
<br /> obligation, co�enan�ar conditi�n contained in any ather a�rs�m�nt hetween Lender and Trustvr.
<br /> Gamp��ance Defaui�. Failure to cvmply wi�h any other term, obligatian, co�enant or c�ndition con�ained in this
<br /> Deed af Trust, the Note o�in any❑�the Related Documents.
<br /> Default on ��her Payments. Faifure vf Trustor within th�time required by this Deed of Trust�o make any payment
<br /> fvr�axes or insurance. or any other payment necessary to pre�en�filing of❑r�o�ffect dis�harge��any �ien.
<br /> Default in Fa�or of Third Par#ies. Should Grantvr defaul� under any Ivan, extension �f cred�t, security �greement,
<br /> purchase or sales agre�ment, vr any other agreemen�, in �a�or of any o#her creditor or person �hat ma� materially
<br /> afifect any af Grantor's prflperty or Gran�or's abili�y t❑ repay �he lndeb�edness or Grantor's af�ility tv perforrn
<br /> Grantor's obligations under this Deed of Trust or any of�he Related Documents.
<br /> False Statements. Any war�anty, representa�ion ar statemen� made or �urnished t� Lender by �rustor or tin
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