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2� 1 ��79�2 <br /> DEED �F TRUST <br /> � ��ontinu�d� Pa�e � <br /> � Lender such instrum�nts and documentativn as may he requested by Lender #rom time to time to permit such <br /> participation. <br /> Application of Net Proceeds. If all vr any part of the Property is condemned hy eminent domain p�viceedings or by <br /> any proceeding or purchase in lieu of condemnation, Lender may at its electivn require that all or any pvrtion of the <br /> net pro�eeds of the �ward he applied to the Indebtedness vr the repair or restorativn of the Property. The net <br /> pro�eeds vf the award shal� mean the award �fter payment vf all reasvna�le costs, �xpenses, and attorneys' fees <br /> incurred by Trustes or Lender in cannection with the condemnativn. <br /> IMPQSITI�N �F TAxES. FEE5 AND CHARGES 8Y G�VERNMENTAL AUTH�RIT�ES. The fvllowing pro�isions relating <br /> to gv�ernmental#axes, fees and charges are a part of this Desd o#Trust: <br /> Current Taxes, Fees �nd Charges. Upon requgst hy Lender, Trustor shall execute such documents in addi#ion to <br /> this Deed vf Trust and take whate�er ather action is requested by Lender to perfect and cantinue Lendgr's lien on <br /> the Real Property. Trustvr shall reimburse Lender �or all taxes, as described helvw, together with al1 expenses <br /> incurr�d in recording, perfecting ar cantinuing this Deed vf Trust, in�luding wi#hvut limitation all taxes, fees, <br /> dacumentary stamps, and other charges#vr recording or registering th�s Deed vf Trust. <br /> Taxes. The foilawing shall cvnstitute taxes to which this se�tion appl+es: (1� a specific tax upon this type oi <br /> Deed vf Trust vr upvn all or any part of the Indebtedness secured by this Deed ❑f Trust; {2f a speci�ic tax on <br /> Trustor which Trus#or is authvrized ar required#o deduct#rom payments on the Indehtedness secured hy this type <br /> o#Deed of Trust; �3f a tax an this type of Deed❑f Trust chargeable against the Lender ar the hvlder of the Note; <br /> and �4y a specific tax on eil or any par#ion o�the Indebtedness or on payments o# principai and interest made by <br /> Trust�r. <br /> Subsequent Taxes. If any tax to which this section app�ies is enacted subsequent to the date of this D�ed of <br /> Trust� th�s e�ent shall ha�e the same effect as an E�ent of Default, and Lende� may exercise any or a!I vf its <br /> a�ailable remedies for an E�ent �f ❑efault as pro�ided balvw unisss Trustor either �1 y pays th� tax befvre it <br /> hecvmes delinquent, vr �2) contssts the tax as prv�ided abo�e in the Taxes and Liens sectivn and deposits with <br /> Lender cash o�a sufficient corporate surety hond❑r other security satisfactory to Lender. <br /> SECURITY AGREEMENT: FINANCING STATEMENTS. The following pro�'rs�ons relating to this �eed of Trust as a <br /> security agresment are a part of#his❑eed of Trust: <br /> Se�urity Agreamen#. Th�s instrument shal� constitute a Security Agr�ement to ths extsnt any of the Prvperty <br /> canstitutes fixtures, and Lender shell ha�e all vf the rights of a secured party under the Unifarm Commerc�al Code <br /> as amended fram time to time. <br /> Sscurity Interast. lJpon request by Lender, Trustor shall taks whate�er a�tivn is requested hy Lender to perfect <br /> and cont+nue Lender's security �nterest in #he Rents and Personal Property. In addition tv recvrding this Deed vf <br /> Trust in the reai prope�ty re�ords� Lender mey, at any time and without further authorization fram Trustvr, file <br /> executed caunterparts, copies ar reproductions vf this Deed of Trust as a #inanc�ng statemen#. Trustor shall <br /> reimt�urse Lender f�r aii expenses incurred in perf�cting�r cvntinuing this security int�rest. Upon default, Trustor <br /> shall not rsmo�e, se�er or detach the Personal Prvperty frvm the Property. Upon defauft. Trustor shall assembls <br /> any Personal Property nvt affixed#v the Property in a menner and at a place reasonably con�enient to Trustor and <br /> Lender and make it a�ailabie to Lender within three �3f days after receipt of written demand #rom Lender to the <br /> extent p�rmitted by appli�ab�e law. <br /> Addrssses. The mailing a�ldresses v# Trustor �dsbtorf �nd Lender �secured partyf from which inf�rmation <br /> can�erning the secur+ty in�erest granted by this Deed vf Trust may be obtained �each as required by the Unifvrm <br /> Commercial Cod�y �re as stated nn the first page of this Deed of Trust. <br /> FURTHER ASSURANCE5; ATTDRNEY-IN-FACT. The follvwing p�a�isivns relating to further assurances and <br /> attarney-in-fact are a part of this Deed of Trust: <br /> Further Assurances. At any time, and from time to tim�, upon request�#Lender, Trustor will make, execute and <br /> deli�er,ar will�ause t❑be mede,execu#ed or de�i�ered,t�Lender oc to Lender's designee, and when requested by <br /> Lender� cause �o be fi�ed, recorded, refiled, or rerecorded, as the case may be, at such times and in such vffi�es <br /> and pl�ces as Lender may deem appropriate, �ny and all such mortgages, deeds of trust, security deeds, security <br /> agreements, financing stat�ments, cont�nuation sta�ernents, instruments of further assurance, certificates, and <br /> other documents as may, in the sole❑pinivn of Lender, he n��essary or desirabie in order to effectuate, complgte, <br /> perfect, continue, vr preser�e t�y Trusto�'s vbl�gations under the Note, this aeed of Trust, and �he Related <br /> Documents, �nd �2y the liens and security interests created by th�s Deed vf Trust as first and prior liens on the <br /> Property� whether now owned ar hereafter acquired by Trustor. Unless proh�hited by �aw ❑r Lender agrees to the <br /> contrary in writing. Trustor shali reimburse Lender for all costs and expenses incurred in connection with the <br /> matters referred to in this parag�aph. <br /> Attorney-in-Fact. If Trustar faiis to do any of the things re�erred ta in the pre�eding paragraph, Lsnde�may dv sv <br /> for and in the name vf Trustor and at Trusto�'s expense. Far such purpases, Trustor hereby irra�ocably appaints <br /> Lender as Trustor's attorney-in-fact for the purpose vf ineking, executing, deli�ering, filing, re�ording, and doing all <br /> other things as may be necessary or d�sirab�e, in Lender's sole opinion, to accomp�ish the matters referred tv in <br /> the preceding paragraph. <br /> FULL PERF�RMANCE. If Trustor pays all the Indebtedness, inciuding withvut limitativn all future ad�ences, when due, <br /> and vtherwise perfa�ms all the ohligations impased upon Trustoc under this Deed vf Trust, Lender shall execute and <br /> deli�er to Truste� a request �vr fu�� recon�eyance and shall exe�ute and deii�er to Trustor suitahle statements of <br /> terminativn of any finan��ng statement on file e�+denc�ng Lender's security interest in the Rents and the Persona� <br /> Property. Any recon�eyance fee required by law shall be paid by Trusto�r, if permitted by applicab�e I�w. <br /> EVENTS �F DEFAULT. Each�#the following, at Lender's option, shaii constitute an E�ent of Default under this Deed <br /> af Trust: <br /> PayRtent Default. Trustor fails to make any payment when due under the Indebtedness. <br /> �ther Dafaults. Ttustor fails to comply with or to perform �ny othe� term, ohligation, co�enant or condition <br /> contained in this Deed of Trust vr in any of the Related Dvcuments or t❑ cvmpiy with or to perrtorm any term, <br /> vbligation, co�enant or condition contained in any�ther agreement between Lender and Trus#or. <br /> Cvmplianc� Dafau�t. Failure to comply with any other tsrm, ohligation, co�enant vr cond�tion contained in this <br /> Deed o�Trust,the Note or in any of the Releted ❑ocumsnts. <br /> Default on�#her Payments. Failure�#Trustor within the t�me required by this Deed of Trust tv make any payment <br /> far taxes or insurance,or any other payment necessary to pre�ent f�ling of vr to effect discharge af any lien. <br /> DefauFt in Fav�r of Third Parties. Should Grantor dgfeult under any Io�n, extension of�redit, security agreement, <br /> purchase or seles agreement. or any other agreement, in fa�or o�any other creditor or p�rson that may materially <br /> affect eny af Gr�n�vr's praperty or Grantor's abifity tv repay the indehtedness ar Grantar's �bil+ty to perfarm <br /> Grantor's ohligations under this Deed af Trust or any af the Related Dv�umsnts. <br /> Fal�e 5tatemants. Any warranty� representation vr statement made or �urn�shed to Lender hy Trustvr or ❑n <br /> Trustor's behalf under this Deed of Trust ar the Related Documents �s false vr mEsleading in any matgrial respect. <br /> . <br />