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2� 1 ��8197 <br /> �EE� oF T�usT <br /> ��ontirlued} Page 4 <br /> net proceeds o�the award be applied tv the �ndebtedness or th� repair or restaration �f#he Prvperty. The net <br /> proceeds of the award shall mean the award after payment of all reasonable cvsts, expenses, and a�torneys'fees <br /> incurred by Trustee or Lender in connecfion with#he oondemnat�on. <br /> IMPaSfTIUN DF TAXES, FEES AND CHARGES BY G4VERNMENTAL AUTH�RITiES. The follvwing provisions relating <br /> to governmental taxes,fees and charges a�e a part of this Desd af T�ust: <br /> Curren#Taxe�, Fees and Charges. Upon request by Lender, Trustor shall execute such documents in addition to <br /> this Deed o�Trust and take whate�er other action is requested by Lender to perfect and continue L�nder's lien on <br /> the Real Prvperty. Trustvr shall reimburse Lender for a�l taxes, as descrihed belaw, tagether with al� expenses <br /> incurred in r�cording, perfecting or �antinuing this Deed af Trust, including without �imitation afl taxes, fees, <br /> dvcumentary stamps,and other charges far recording or�egistering this�eed of Trust. <br /> Taxes. The fol�owing sha�l cvnstitute taxes to which this section app�ies: �'�) a specific tax upan this type of <br /> Deed of Trust or upon a�l ar any part vf the �ndebtedness secured by this Deed af Trust; ��} a specific tax on <br /> 7'rustor uvhi�h Trustor is authvrized or required to deduct'from payments on the Indebtedness secured by this type <br /> vf Deed o�Trust; �3} a tax on this type vf❑eed of Trust cha�geable against the Lender ar the holder v�the Credi� <br /> Agreement; and �4} a specific tax vn alt or any partion of the lndebtedness or on payments vf principai and <br /> interest made by Trustor. <br /> Subsequ�nt Taxes. �f any tax �o whfch this sectian appl'res is enacted suk�sequent ta the date of this D�ed of <br /> Trust, this e�ent shal� ha�e the same effect as an E�ent of �efault, and Lender may exerase any ar all o� its <br /> a�ailable remedies for an E�er� t�f De�ault as pro�ided below unl�ss Trustar either {1} pays �he tax hefare it <br /> beoomes delinquent, or �2} �ontests the tax as pro�ided aba�e in the Taxes and Liens section and depasits wi#h <br /> Lender cash or a suffici�nt corporate surety t3and ar ather security satisfactory ta Lender. <br /> SECLIRITY AGREEMENT; FINANCING STATEMENTS. The fallowing pro�isions relating to th�s Deed of Trust as a <br /> s�Curity agrQement are a part of this ❑�ed of Trust: <br /> Security Agreement. This instrument shall canstitute a Security Agreemen� to the exten# ar�� o� thE Prvpe�ty <br /> constitutes fixtures, and Lender shail have al!af the rights of a secured party under the lJniform Cammercial Code <br /> as amended from time to time. <br /> Security Interest. Upon request by Lender, Tnastor shaC� take whate�er action is requested by Lender to perfect <br /> and cvntinue Lender's security interest in the Personal Pr�pe�ty. In additEon ta recording this Deed of Trust in the <br /> rea! property reGords, Lender may, a# any time and without further autharization fram Trustor, file executed <br /> counterparts, cop�es or reproductEons vf this Deed af Trust as a financing statement. Trustor sha�l reimburse <br /> Lender far ali expenses incurred in perfecting or continuing this security finterest. Upvn default, Trustor shall not <br /> remo�e, se�er vr detach the Personal Property from the Property. Upon default, Trustor shall assembie any <br /> Personal Praperty nat affixed tv th� Proper�y in a manner and at a place reasonab�y convenient to Trustor and <br /> Lender and make �t a�ailabls to L�nder within three �3y days afte�-receipt af written demand from Lender to the <br /> ex#er�t perrnit#ed b�appl�cabfe law. <br /> Addresses. The mail�ng addresses af T�ustor �debtor� and Lender {secured pa�ty} from which information <br /> con�erning #he security interest granted by this Deed of Trust may b�ob#ained �each as required by the Uniform <br /> Commercial Code}are as stated on the f�rst page af this Deed of Trust, <br /> FURTHER ASSURANCES; ATTQRNEY-IN-FACT. The faffowing prvvisivns relating to further assurances and <br /> attorney-in-fact are a part vf this Deed o�Trust: <br /> Further Assurancss. At any time, and fr�m time to#�me, upon request of Lender, Trust�r wili make, execute and <br /> deli��r, or will cause ta be made,exeaxted or deli�ered,#a Ler�der or to Lender's designee,and when requested by <br /> Lender, �ause to be f�led, recorded, refiled, c�r rerecorded, as the cass may be, at sud'w times and in such offoes <br /> and plaoes as Lender may cleem apprvp�ate,any and all such mvrtgages, deeds vf trust, se�urity deeds, security <br /> agreements, financing statements, cvntinuation statemen#s, instruments af further assuranoe, certificates, and <br /> ather documents as may, in the sole opinion of Lertc�er, be neoessary ar desirabls in order to eff�tuate, comp�ete, <br /> perfect, cantinue, vr preserve (1} Trusto�'s obligations under�he Credi�Agreemen#,this Qeed of Trust, and the <br /> F�elated Dvc�.�ments, and (�} the liens and security En�erests crea#ed by this Deed of Trust an the Property, <br /> whether now owned o�hereafter aoquired by Trustar. Unless prohibit�d by 1aw ar Lender agrees tc�the ovntrary in <br /> wri�ing, Trus#or shall reimburse Lender fvr a!I vosts and e�ses incurred in ovnnectian wi#h the matters referred <br /> ta in#his paragraph. <br /> Attarney-in-Fact. If Trustor#ails ta dv any of the things referred to in the preoed�ng paragraph, Lender may do sv <br /> for and i n the name of Trustor and at Trustor's expense. For such purposes, Tn.rstvr hereby i rre�o�ably appoi nts <br /> Lender as Trustar's attorney-�n-fact for the purpose of making,execut�ng, deli�ering,filing, reoording,and dt�ing all <br /> other things as may be neoessary or desirable, in Lender's soEe opinivn, to ac�camplish the matters referred ta in <br /> the pr�ceding paragraph. <br /> FULL PERFDRMANCE. I�Trustor pays a�l the Indebtedness when due, terrn�Rates the credit line accaunt,and othetwise <br /> performs all the vbligativns impvsed upon Trustor under thFs Deed of Trust, Lender shall execute and del��er to Trustee <br /> a request for full reavn�eyan�e and shall execute and del��er to Trustar suitab�e statements of termination of any <br /> financing statement vn f le e�idencing Lenders secur�ty interest in the Rents and the Persanal Property. Any <br /> reaan�eyanae fee requi�-e�by law sha��be paid by Trustar,i#permitted by applicable law. <br /> EVENTS QF DE�AULT. Trustor will be in default under this ��ed af Trust if any of the foll�wing happen: tA} Trustor <br /> commits fraud or makes a material misrepresentatRvn at any time in connec#�on with the Credi#Agre�men�. This can <br /> include, for example, a 'false statement abaut Trustar's incame, assets, �iabilities, or any other aspects af Trustor's <br /> financial canditivn. �B) Trustor dves not meet the repayment terms of the Credit Ag�-eement. tC} Trustor's activn or <br /> ina�tion adversely affec#s the cafiateral ar Lender's rights in the col�a#e�a1. This can include, for exarnple, fai�ure to <br /> maintain�equired insurance,waste or destructE�e use of the dweliing, fa�lure to pay taxes,death of al� persans liable on <br /> the accvunt, transfer of title ar sale af #he dwe�ling, creatian of a seniar lien on the dwelling without Lender's <br /> permissi�n,forectvsure by the holder❑f another lien,or the use vf funds❑r the dwe�ling f�r prahibi#ed purpases. <br /> RIGHTS AN� REMEdIES�N DEFAULT. If an E�ent of Default occurs under this De�d af Trust, at any time thereafter, <br /> Trustee or Lender may exerase any one or m�r�e vf the followi ng rights and remedies: <br /> Acceleration Upon Default; Addit�vnal R�medies. I�any E�ent o�Default accurs as per the terms of the�redit <br /> Agreement secured hersby, Lender may dedare all �ndebtedness secured by this �eed of Trust to be due and <br /> payable and the same shall thereupan beQome due and payable without any presentment, demand, prvtest or <br /> notice o�any kind. Thereaft�r, Lender may: <br /> �a} Either in pers�n ar by agen#, with or without bringing any act�on or praceed�ng, vr by a recei�er <br /> appointed by a Gou�t and w�thout regard to the adequacy of its security, enter upon and take pvssession <br /> vf the Property,vr any part ther�of, in its�wn name or in th�narr�o�Trustee, and dv any acts which it <br /> deems ne�e�sary vr�lesirab�e to preserve the valu�, marketability ar rentability vf the Property,or part o� <br /> the Property or interest En the Property; increase the inoome#rom�he Praper#y vr protect the security of <br /> the F'roperty; and, with or without taking possession of the Prop�rty, sus for or otherwise cvllect the <br /> rents, issues and profts of the Property, including thvse past due and unpaid, and apply the same, I�ss <br /> aosts and expenses of operation and collection attorneys'fees,to any indebtedness secured by this Deed <br />