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2� 17���9�
<br /> DEED �F TRUST
<br /> �Continued� Page 4
<br /> participatian.
<br /> Application vf Ne#Proceeds. If all ar any part of the Property is candemn�� hy eminent domain proceedings ar by
<br /> any proceeding or purchase in lieu of candemnation, Lender may at its election require#hat al!or any portion of the
<br /> net proceeds of the award be applie� ta the Indebtedness vr the repair vr restoration vf the Prvperty. The net
<br /> proceeds of the award shall mean the award af#er payment of aii reasonable costs, expenses, and at�orneys' fees
<br /> incurred hy Trustee or Lender in cvnnectivn with the cvndemnation. �
<br /> IMP�SITIDN �F TAXES, FEES AND CHARGES BY G�VERNMENTAL AUTH�RITIES. The follvwing pro�isivns relating
<br /> tv ga�ernmental taxes, fees and charges are a part of this D�ed of Trust:
<br /> Current Taxes. Fees and Charges. Upon request by Lend�r, Trustvr shall execute such documents in addition to
<br /> this Dged of Trus�and take whate�er ather�ction is requested by Lende�to perfec#and continue Lender's lien on
<br /> the Reai Praperty. Trustor shal! reimburse Lender fo� a�! taxes, as describ�d below, together with all expenses
<br /> incurred in recording, perfecting o� continuing this Deed vf Trus#, including without ��mEtation all taxes, fses,
<br /> dacumentary stamps, and other charges for recording or registering this Deed of Trust.
<br /> T�xes. The foilowing shall constitute taxes tv which this section applies: �1} a specific tax upon this type of
<br /> aeed vf Trust or upon al� or any part of the indebtedness secured by this Deed vf T�ust; ��f a specific tax on
<br /> Trustvr which Trustor is authorized ❑r requtred#o deduct#rvm payments on the Inde#�tedness secured hy this type
<br /> of Deed af Trust; �3� �tax on this type af Deed of Trust chargeabl�against the Lender or#he hvfder of the Note;
<br /> and t4f a spe�ific tax on alf or any p�rtion of the Indebtedness ar-fln paym�nts �f prin�ipal and interest made by
<br /> Trustar.
<br /> Subsequent Texes. �f any tax to which this section appii�s is enacted su�sequent to the date of this Deed vf
<br /> Trust. this e�ent shall ha�e the same effe�t as an EWent of Default, and Lender may exercise any or all of its
<br /> a�ailable remedi�s far an E�ent of De#ault as pro�ided heiaw unless Trustvr either {1 f pays th� tax befare it
<br /> becomes delinquent, or �Zf contests the tax as pro��ded abo�e Fn the Taxes and Liens sectian and d�pasits with
<br /> Lender cash or a sufficient carparate surety bond or other securi�y satisfactory tv Lender.
<br /> SECURITY AGREEMENT; FiNANCIN� STATEMENTS. The fvllowing pro�isions relating to �h15 aeed ❑f Trust as a
<br /> se�urity agreement are a part vf this D�ed of Trust:
<br /> Sa�urity A9reement. This instrum�nt shall canstitute a S�curity Agreement to the �xt�nt any of the Property
<br /> constitutes fixtures, and Lender shai� ha�e all ❑f the rights v�a secured party under the Uniform Commer�ial Code
<br /> as amended frvm time to time.
<br /> Se�urity In#eres#. Upon request by Lender� Trustar shall take whate�er activn is requested by Lender to perfect
<br /> end continue Lender's security tnterest in the Rents and Pers�nal Prop�rty. In addition #o recording this De�d af
<br /> Trust in the real prvperty records� Lender may, at any #im� and without further auth�rization from Trustor, file
<br /> executed cvunterparts, copies vr reproductivns of �h�s aeed vf Trust as a financing statement. Trustor shall
<br /> reimburse Lender�or all expenses incurred in perfecting or cantinuing this se�urity interest. Upon default, Trustar
<br /> shall not remv�e. se�er or detach the Personal Property from the Propsrty. Upvn default, Trust�r shall assembie
<br /> any Personal Property nvt affixed to the Praperty in a rnannsr and at a place reasonab�y con�enient fo Trustar and
<br /> Lender and make it a�ailable tv Lender within three �3� days after receipt ❑f written demand �rom Lender to the
<br /> extent permi#ted by applicahle law.
<br /> Addresses. The mailing addresses vf Trustor �debtory and Lender �secured party� from which information
<br /> concerning the security interest granted hy this Deed of Trust may be obtained {each as required by the llnifiorm
<br /> Commercial Codey �re as stat�d on the first page of this Deed af Trust.
<br /> FURTHER ASSURANCES; ATTDRNEY-IN-FACT. The fiollowing pro�isivns relating to further assurances and
<br /> attorney-in-fa�t are a part af this Deed of Trust:
<br /> Further Assurances. At any time, and from time to time, upon request of Lender, Trustor wii� make, execute and
<br /> deli�er, vr will cause to he made, executed or deli�ered, to Lender or to Lender's designee, and when reques#ed by
<br /> Lender, cause t❑ be filed, recorded. refiled, vr rgrecorded, as the case may be, at such times and in such offices
<br /> and places as Lender may deem apprvpri�te, any and all such mortgages, deeds o#trust. security deeds, security
<br /> agreements, #inancing stat�ments, cantinuativn statements, instruments vf further assuran�e, cer�ificates, and
<br /> other dflcuments as may, in the svle opinion of Lender, be necessary vr desirable in order tv�ffe�tuate, complete,
<br /> perfect, continue. or preser�e �1 j Trust�r's obligations under the Nvte. this De�d af Trust, and ths Related
<br /> ❑ocumen�s, and t�f the liens and security En#srests created by this Deed of Trust as first and prior liens on the
<br /> Property, whether nvw owned or hereaftgr acquir�d by Trustvr. Unless prahib�ted by law ar Lender agrees to the
<br /> contrary in writing, Trustor shall �eimburse Lender for all costs and expenses incurred in connection wi�h the
<br /> matters�erterred t�in this paragraph.
<br /> Attvrnsy-in-Feat. If Trustor�ails to dv any af the things referred to in the preceding paragraph, Lender may do so
<br /> far and in the name of Trustor and at Trustvr's sxpense. Fnr such purpasss� Trustor hereby irre�vcably appoints
<br /> Lender as Trustar's attorney-in-fact�or the purpose of making, executing� deli�ering, filing, recording, and dving all
<br /> � othec things as may be necessary or desirahle, in Lender's sole apinion, to ac�omplish the matters referred ta in
<br /> the preceding paragraph.
<br /> FULL PERFaRMANCE. If Trustvr pays all the Indebtedness, including wi#hout�imitation all fu#ure ad�ances, when due,
<br /> and otherwise performs a�l the ohliga#ions imposed upon Trustor under this Deed of Trust, Lender shall execute and
<br /> deli��r ta Truste� a request for fuli re��n�eyance and shal� execute and deli�er to Trustvr suitable statements of
<br /> termination of any financing statement on file e�idencing Lender's security interest in the Rents and the Pers�nal
<br /> Property. Any recan�eyance�ee required by law shail be paid by Trustor, if permEtted by app�icab�e law.
<br /> EVEIVTS OF DEFAULT. Each v#the follvwing, at Lender's option, sh�ll cvnstitute an E�ent of ❑efault under this Deed
<br /> of Trust:
<br /> Payment Default. Trus#vr fa�ils to make any payment when due under the fndebtedness.
<br /> �#her Defaults. Trustor �ails to cvmply with ar tv perfvrm any ather term, obfigativn, cv�enant or conditivn
<br /> contained in this Deed of Trust or in any nf the Related Documents ar to c�mply with or to perform any term,
<br /> obligation. co�enant or condition contained in any vther agreement hetween Lender and Trustor.
<br /> Compliance Default. Failure to comply with any other term, ohligativn. cv�enan# or condition con#ained in #his
<br /> De�d of Trust,the No#e vr in any of the Re�ated ❑acuments.
<br /> Dafault on Dther Paymants. Failure of Trustor within the time required by this Deed a�Trust to make any payment
<br /> for taxes vr insurance,vr any❑ther payment necessary tv pre�ent�i�ing of vr to effect d�scharge vf any lien.
<br /> �efault in Fa�or of Third Parties. Shvuld Grantor default under any loan� extensivn of credi#, security agreement,
<br /> purchase ❑r sales agreement, or any vther agreem�nt. in fa�ar of any other�r�ditor or person that may materially
<br /> affect any ❑f Grantor's property or Grantar's ability tv repay the fndebtedness or Grantor's ability ta perf�rm
<br /> Grantor's obligations under this Deed of Trust or any v�the Related ❑ocuments.
<br /> False 5tetarr�ants. Any warranty, representation or s#atement madg or furnished t� Lender hy Trus#or or �n
<br /> Trustor's behalf under this Deed vf Trust or the Related aocuments is false or misleading in any mater�a! respect,
<br /> either now or at the time made vr furnished or becomes false or misleading at any time thereafter.
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