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2� 1 ��8284 <br /> DEED �F TRUST <br /> �Gontinued} �a�� 4 <br /> Lender such instruments and documentation as may be requested �y Lender from time to time t❑ permit such <br /> participation. <br /> Applicatian of Net Praceeds. If ail or any part of�he Property is condemned hy eminent domain proceedings or by <br /> any proceeding�r purch�se in fieu vf candemn�tion. Lender may at its election require that all❑r any pvrtian of the <br /> net proce�ds ❑f the award k�e applied tv the lndebtedness or the repair or restorativn of the Prvperty. The net <br /> proceeds o�the award shall mean the award after payment o�all reasanak�le costs, expenses, and attorneys' fees <br /> incurred by Trustee or L�nder in connsction with the cvndemnation. <br /> IMPU5ITI�N �F TAXES. FEES AND CHARGES BY G�VERNMENTAL AUTH�RITIES. The following pro�isions relating <br /> to gv�ernmental taxes. fees and charges are a part vf this Deed of Trust: <br /> Cu�rent Taxes. Fees and Charges. Upon request by Lender, Trustor shall execute such documents in addition to <br /> this Desd af Trust and take wha#e�er other action is requested by L�nder to perfe�t and continue Lender's lien vn <br /> the Rea� Property, Trustvr shall reimburse Lender for afl taxes, as described belaw, tagether with all expenses <br /> incurred in recording, perfecting ar continuing this Deed o� Trust, including wi#h�ut limitation all taxes, fees, <br /> documentary stamps. �nd other charges for recording or regist�ring this De�d af Trust. <br /> Taxes. The following shall cvnstitute taxes #o which this section applies: �1� a spe�ifi� tax upon this type �f <br /> Deed of Trust or upon all or any part o'f the Indebtedness se�ured by this Deed of Trust; 42y a specific tax on <br /> Trustar whi�h Trustor is authorized or required to deduct from payments on the Indehtedness secured by this type <br /> af Deed af Trust; �3y a tax on th�s type of�eed of Trust chargeable against the Lend�r or the ho�der v�the Note; <br /> and �4� a speciffc�ax on all or any portivn of the Indebtedness or on payments vf principal and interest made by <br /> Trustar. <br /> Subsequent Taxes. If any tax to which this s�ction applies is enacted su�sequen# to the date of this Deed of <br /> Trust, this e�ent shall ha�e the same effect as an E�ent vf Default, and Lender may exercis� any or ali of its <br /> a�ailable remedies for an E�ent of Default as pro�ided below unless Trustor either �1 y pays the tax befare it <br /> becomes delinquent, or �2f contests the tax as pra►►ided abv�e in the Taxes and Liens section and deposits with <br /> Lender�ash or a suffici�nt cvrporate surety bond or other security satisfactory tv Lender. <br /> SECURITY AGREEMENT; FINANCING STATEAAENTS. The follawing prv�isivns relating to this Deed of Trust as a <br /> security agreemen#a�e a part vf this Deed of T�ust: <br /> Security Ag�eemant. This instrument shall constitute a Security Agreement to the extent any of the Property <br /> constitutes fixtures, and Lender shall ha�e all of the rights vf a secured party under the Uni#orm Commercial Code <br /> as am�ndgd fr�m time to time. <br /> Security Interast. Upon request by Lend�r, Trustor shai� take whate�er action is requested by Lender to perfect <br /> and cvntinue Lender's security interest in the Rents and Persona! Property. In addition t❑ recording this ❑eed of <br /> Trust in th� real prvperty recards. Lender may, at any time and without further authorization from Trustor. file <br /> executed counterparts, copies or reproductions of this Deed v# Trust as a financing sta�ement. Trustvr shall <br /> reimburse Lender fvr�II expenses incurred in perfecting �r continuing this se�urity interest. Upon default, Trustor <br /> shafl nat remo�e. se�er or detach the Personal Property from the Property. Upon default, Trustar shall assemble <br /> any Persana! Property no#aff�xed to the Prnperty in a manne�and at a pla�e reasonahly con�enient ta Trustor and <br /> Lender and make it a�ailable to Lender within three �3y days after receipt o# written d�mand from Lende� to the <br /> extgnt permitted by applicable law. <br /> Addresses. The maiiing addresses of Trusta� tdebtarf and Lender �secured party� from which infvrmat�on <br /> concerning the security inter�st gran#ed by this ❑eed of Trust may be obtained {each as requ�red by the Uniform <br /> Commer�ial Code� are as stated on the first page of this Deed of Trust. <br /> FURTHER ASSURANCES: ATT�RNEY-IN-FACT. The folEowin� pro►►isians relating to further assuran�es and <br /> attorney-in-fact are a part of this Deed of Trust: <br /> Further Assurances. At any time, and from time to time, upon request of Lender, Trustor will make, ex�cute and <br /> deli��r,�r will cause#o be made,executed vr deli�ered,to Lender or to Lender's design�e, and when requested by <br /> Lend�r, cause �o be ���ed, re�orded, re#iled, or rerecarded, as the case may be, at such times and in such v##ices <br /> and places as Lender may deem apprvpriate, any and all such mortgages, deeds vf trust, security deeds, security <br /> agreements, financing statements, �vntinuation statements. instruments of further assurance� certifi�ates, an� <br /> other documents as may, in the sole vpinion of Lender, be necessary or desirable in order tn effectuate, compfete, <br /> perfect. cvntinue, �r preser�e t 1 y Trustor's ohiigations under the Nvte, this Dssd af Trust. and the Related <br /> Documents, and �2y the lisns and security interests �reated by this ❑eed of Trust as first and privr liens on the <br /> Prvperty, whether now owned or hereafter acquired by Trustar. lJniess prohibi#ed by law or Lender agrees to the <br /> contrary in writing, Trustor shall reimburse Lender for all costs and expenses incurred in connection with the <br /> matters re��rred to in this paragraph. <br /> Attorney-in-Fact. !f Trustor fai�s to do any of the things refe�red to in th� preceding paragraph, Lender may dv so <br /> fvr and in the name of Trustor and at Trustor's expense. Fvr such purposes, Trustar hereby irre�vcably appaints <br /> Lendsr as Trustor's attorney-in-fact�or the purpose o�making, executing, deli►►ering, �iling, record�ng, and doing ali <br /> vther �hings as may h� necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in <br /> the preceding paragraph. <br /> FULL PERF�RMANCE. If Trustar pays all the Indebtedness, including without limi�ation a�� future ad�ances, when due, <br /> snd otherwise performs a�l the ❑bligati�ns impased upon Trustor under this ❑eed of Trust, Lender shall exeCute and <br /> deli►►er to Trustee a reques� for full recon�eyan�e and shall execute and deli�er #v Trustor su�table statements of <br /> termination o� any financing statement on file e�idencing Lender's security interest in the Rents and the Personal <br /> Property. Any recon�eyance fee required by law shall be paid by Trustor, if permitted by applicable law. <br /> EVENTS �F DEFAULT. Each of the fallowing, at Lender's option, shall constitute an E�ent of �afault unde�this D�ed <br /> of Trust: <br /> Payment Defeult. Trusto�r fails to make any payment when due under the �ndebtedness. <br /> �ther Defauits. Trustor fails to comply with vr to perform any other term. obl�gatian, co�enant or condition <br /> cantained in this Deed of Trust or in any of the Related ❑acuments vr ta comply with or to psrform any term, <br /> obligation, co�enant or conditivn contained in any�ther agreement between Lender and Trustar. <br /> Compliance Default. Failure to comply with any other term, ❑bligatian, co�enant vr condition contained �n this <br /> Ueed of Trus�,the Nate or in any of the Related D�cuments. <br /> De�ault on�thgr Payments. Failure of Trustar within the time required by this Deed of Trust to make any payment <br /> for taxes�r insurance, or any�thQr payment necessary ta pre��nt filing of vr t❑effect discharge of any lien. <br /> Default in Fa�or of Third Parties. 5hou�d Grantor default under any laan, extgnsion of credit, security agreement, <br /> purchase or sales agreement, �r any other agreemen#� in fa�vr of any other creditor or person that may materially <br /> affect any of Grantor's property or Grantor's ability to repay the Indebtedness �r Grantor's ability to perfarm <br /> Granto�'s ob�igatians under this ❑eed of Trust or any af the Related Documents. <br /> False Statements. Any warranty, repr�sentatian �r statement made or furnished to Lender by Trustor a� on <br /> Trustor's behalf under this Deed of Trus#ar the Related Documents is false or misleading in any material respect, <br />