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2� 17��77� <br /> . , <br /> oEEn �F T�usT <br /> t�ontinued� Page 4 <br /> this ❑eed of Trust shall sur�i�e the execution and deti�ery af this�eed of Trust, shall be cantinuing in nature, and <br /> shall remain in fu�k force and�ffect until su�h time as Trust�r's Indebtedness shall be paid in full. <br /> C�NDEMNATI�N. The following prv�isions relating tn candemnafion proceedings are a part of ti�is Desd a�Trust: <br /> Praceedings. If any prv�eeding in candernnativn is fiied, Trustor shali promp#�y notify Lender in writing, and <br /> Trust�r shall promptly take Such Steps as rnay be necessary tv defend the action and obtain the award. Trustor <br /> may be the norninal party in su�h proceeding, but Lender shall he entitled to partic�pate in the pro�eeding and tv �e <br /> represented in the proceeding by cvunse� of its vwn chaic�, and Trustor will deliver or cause ta be de�i�ered tn <br /> Lender su�h ins#ruments and documentation as rnay �e requested by Lender ��vm time to time ta permit such <br /> partici�ation. <br /> Appiicativn vf Net Pro�eeds. !f all ar any pa�t of th� Property is condemned by eminent domain proceedings❑r by <br /> any proceeding or purchase in lieu of candemnation, Lender�may ai its�le�tion require tha#all or any pvr#ion of thP <br /> net prviceeds af th� award he applied ta the Indebtedness ❑r �he repatr ❑r restoration o# the Praperty. The n�t <br /> prviceeds of the award shall mean the award after payment of all reasonable �osts, expenses: and attorneys' fees <br /> incurred hy Trustee or Lender in �anne�tivn w�th th�candemnation. <br /> IMP�5ITI�N ❑F TA�[ES, FEES ANQ CHAR�ES BY GDVERNAIIENTAL AIJTHDRlTIES. The following pro�isians re�ating <br /> to ga�ernmental taxes, fees and�harges are a part❑f this Deed of Trust: <br /> Current Taxes, Fees and C�arges. Upon request�y �ender, Trustvr shall execute such documents in additivn to <br /> this Deed❑f Trust and take what��er other activn is requested by Lender to perfect and continue Lender's lien on <br /> the Real Prvperty. Trustor shall reimburse Lender far all taxes, as described b�low, together with all expenses <br /> in�urred in recording, perfecting ar cantinuing this Deed ❑f Trust, includ4ng without firnitation all taxes, �ees, <br /> documentary stamps, and vther charges�nx re�ording ar registering this Deed of Trust. <br /> Taxes. The follvwing shall canstitute taxes to which this section applies: �1 y a specific tax upvn this type vf <br /> Deed vf Trust or upan all �r any part vf the lndet�tedness secured by this Deed of Trust; t2� a specific tax on <br /> Trust�r which Trustor is authori�ed or required ta dsdu�t fram pa�ments❑n the Indebtedness secured by this type <br /> vf Deed of Trust; �3y a tax❑n this type of Deed vf Trust chargeable against the Lender or the holder of the Note; <br /> and �4} a spe�i�i� tax ❑n aff vr any partion of the Inde�tedness ar on payments❑f principal and Enterest made by <br /> Trust�r. <br /> Suhsaquent Taxes. If any tax to which this section applies is enacted suhsequent to the date af this Deed of <br /> Trust, this e�ent shall ha�e the same effect as an E�ent of Defauft, and Lender may exercise any vr all of its <br /> a�aiia�ie remedies far an E�ent of Default as pro�ided below un�ess Trustor eith�r 4�� pays the tax befare it <br /> becvmes d�linquent, vr R2f cvnt�s#s the tax as praUided aba�e in the Taxes and Liens section and deposits with <br /> Lendef Gash vr e sufficient cvrporate surety bond❑r❑ther secur�ty satisfectvey t�Lender, <br /> SEGURITY AGREEMENT: FiNANCING STATEMENTS. The fallowing pra�isions relating ta #h+s ❑eed o� Trust as a <br /> security agreement are a part�t thfs []eed o�Tr�st: <br /> 5scurity AgreemBnt. This instrurnent shall constitute a 5ecurity Agreement to the extent any of the Prvperty <br /> canstitutes fixtures, and Lender sha�l ha�e all ot the rights af a secured party under the Uniform Cammercial Code <br /> as amended�rom time ta tirne. <br /> 5ecurity In#erest, Upvn request by Lender, Trustvr shai� take what��er action is requested by Lender tv perfect <br /> and continue Lender's security interest in the Rents and P�rsonal P�operty. In addit�on to recvrding this Deed of <br /> Trust in t�e reaf prap�rty records, Lender may, at any time and without furiher authvrizatian �rom Trusto�, fiie <br /> �xecuted cvunterparts, cvpies vr reprvductions vf thi� Deed of Trust as a financing statement. Trustor shall <br /> reimburse Lender for all expenses incurred in perfect�ng ar con#inuing this security inte�est. Upon defaul�, Trustar <br /> shal} no# remo�e, se�er or detach �he Persanal Praperty from the Prvperty. Upon default, Trustor shall assemhfe <br /> any Persanal Property not affixed to the Property in a manner and at a place reasonably con�enien#t�Trustor and <br /> Lender and make it a�ailable t� Lender within three �3y days after re�eipt of written demand from Lender to the <br /> extent permit�ed by applicable law. <br /> Address�s. The mail�ng addresses af Trustor tdebtory and Lender (secured partyf fram which information <br /> con�erning the se�urity interest granted by this Deed of Trust may be ab#ained tea�h as required �y the Uni#orm <br /> Cammercia�Cvdey are as stated an tt�e first page af this []eed af Trust. <br /> FIJRTHER A55URANCES; ATT�RNEY-IN-FACT, The follvwing pra�isions relatin� to �urther assurances and <br /> attarn�y-in-fact are a part of this Deed of Trust: � <br /> Further Assurances. At any time, and frvm time to time, upan request vf Lender, Trust�r will make, ex�cute and <br /> deli�r�r,vr wii�cause ta be made,executed or de�i�ered,to Lender or ta Lender's designee, and when requested by <br /> Lender, cause to he filed, recvrded, refiled, ar rerecarded, as the case may be, at such times and in such off�ces <br /> and places as Lender rnay deem appropriate, any and a�l such mortgages, dgeds of trust, security deeds, seeurity <br /> agreements. #inancing statemen�s, continuation �tatements, instruments of further assurance, certificates, and <br /> vther documents as may, in th�sole opinion of Lender, be necessary or desirabl� in arder to effectuate, complete, <br /> perfect, �vntinue, ar preser�e {1� Trustor's vhligatians under the Nvte, this ❑�ed of Trust� and the Related <br /> Documents, and t2f th� liens and security interests created by this ❑eed of Trust as first and prior liens fln the <br /> Property, whether now owned ❑r hereafter acquired by Trustar. Unless prohibited by law ar L�nde�2�grees to the <br /> c�ntrary in writing, Trustar shall reirnburse Lender for all �osts and expenses incurred in cvnnection with the <br /> matters referred tv in this paragraph. <br /> Attorney-in-Fact. If Trustor fails tv do any ofi the �hings referred to in the preceding paragraph, Lende�may do so <br /> fvr and �n the name of Trustor and at Trustor's expense. For such purposes, Trustvr hereby ir�e�oca�ly appaints <br /> Lender as Trustvr's attorney-in-fact for the purpose o�making,executing� deli�ering, filing, r�cvrding, and dning all <br /> oth�r things as may be necessary or desirable, in Lender's sale opinian, to accvmplish the matters referred �a in <br /> the preceding paragraph. <br /> FULL PEF�FQRMANCE, If Trustor pays a!�the lndebtednes�, including without limitat��n all future ad�anees, wh�n due, <br /> and otherwise performs ali the obligations imposed upon Trustor under this Deed of Trust, Lender shall ex��ute and <br /> deli�er tv T�ustee a request for full ►econveyance and shall execute and deli�er to Trustar suitable statements o� <br /> termination af any financing statement on file e�iden�ing Lender's security interest in the Rents and the Personal <br /> Praper�y. Any recvn�eyance fee required by law shall be paid by Trus�or, i�permitted hy applicab�e law. <br /> EVENTS �F C]EFAULT. Ea�h nf the �ollvwing, at Lender's aption, shal� ��nstitu�e an E�ent of �efauit under this ❑eed <br /> vf Trust: <br /> Payment Defau�#, Trustor fails to mak�any paym�nt when due under the Indebtedness. <br /> Other Defaults. Trustor faifs to comply with ar to perfarm any other term, �bligatian, ca�enant vr cvnditian <br /> contained in this Deed af Trust ❑r in any vf the Aelated ❑ocuments ar to �omply with vr to p�rforrn any term, <br /> olaligation, co�enant or condition cQntained in any other agr�ernent between Lender and Trustvr. <br /> Compliance Default. Failure to compiy with any other term, obligation, co�enant ar condit�vn contained in �his <br /> Deed❑f Trust,the Note❑r in any vf the Reiated�ocurnents. . <br /> Defauft on 4ther Payments. Faiiure vf Trustvr within the time required by this Deed❑f Trust to make any payment <br />