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2� 17��897
<br /> . DEED �F TRUST
<br /> 4C�ntinuedy Page 4
<br /> CDN�EMNATIDN. The follvwing pro�isions relating to candemnation pro�eed�ngs are a part of this Deed of Trus#:
<br /> Praceadings. If any proceeding in condemnatian is filed, Trustor shail promptly nvtify Lender in wri�ing, and
<br /> Trustvr shall promptly take such steps as may be necessary tv defend the actian and abtain the award. Trustor
<br /> may be the naminal party in such pro�eeding, but Lender shall be entitled ta participate in the proceeding and to be
<br /> represented in ths proceeding by counsel vf its own chvice, and Trustor will deli�sr or cause tv be deli�ered to
<br /> L�nder such instruments and documentativn as may be requested by Lender frflm #ime to time ta permit such
<br /> pa�ti�ipati�n.
<br /> Applica#ion of Net Prviceeds. I�all or any part vf the Property is condemned by eminent domain proceed�ngs or by
<br /> any proceeding or purchase in lieu of condemnation, Lender may at its elec#ion require that ail or any portion of the
<br /> net proceeds vf the award he applied to the Indeb#edness or tMe repair or restoration ❑f the Property. The net
<br /> prviceeds vf the award shall mean the award aftsr p�yment of all reas�nable costs, expenses, and attorneys' fees
<br /> incurrsd by Trustee vr Lender in connection with the condamna��on.
<br /> IMP�SITIDN QF TAXES. FEES AND CHARGES BY GaVERNNIENTAL AUTH�RITIES. The fallow�ng prv�isions relating
<br /> to gv�ernmental taxes, fees and�harges are a part of this ❑eed of Trust:
<br /> Current Taxas, Fees and Charses. lJpon request by Lendgr, Trustor shali execute such documents in addition tv
<br /> this ❑eed oi Trus#and take whate�er other action is requested by L�nder to perfect and cvntinue Lender's iien an
<br /> the Rea1 Prope�ty. Trustvr shalE reimburse Lender far all taxes, as descrihed below, together with al� expenses
<br /> incurred in recording. perfecting or cantinuing this ❑eed ❑� Trust, in�luding without I'rmitation all taxes, fees,
<br /> documentary stamps, and other charges#or r�c�rding or�egistering this Deed of Trust.
<br /> Taxes. The following shall constitute taxes to which this 5ection applies: (1� a specific �ax upvn this type of
<br /> ❑eed af Trust or upon all ar any part of the Ind�b#edness secured by this Deed o#Trust; �2j a speci#ic tax on
<br /> Trustor which Trustar is authoriied or required to deduct from payments on ths Indebtedness se�ured hy this type
<br /> of aeed of Trust; �3� a#ax on this type of Deed of Trust chargeable against the Lender or#he holder o�the Note;
<br /> and �4� a specific t�x on al� ar any portion ❑f the Ind�btedness vr vn payments of principal and interest made by
<br /> Trustor.
<br /> 5uhsaquant Taxes. If any tax to which this section applies is enacted subs�quent t� the date af this Deed �f
<br /> Trust. this s►►ent shall ha�e the same effect as an E�ent a# De#au�t. and Lender may exer�ise any or all ❑f its
<br /> a�a'rlable remedies for an E��nt af Default as pro�ided below unless Trustor either �1 j pays the tax bsfore it
<br /> bg�omes�ielinquent, or {�� contests the tax as pro�ided abo�� in the Tax�s and L�ens se�tion and d�posits with
<br /> Lender cash or a sufficient carporate surety bvnd�r other security satisfactory to Lender.
<br /> SECURITY AGREEMENT; FINANCING STATEMENTS. The follawing pro�isions relating to thts �eed of Trus� as a
<br /> security agreement are a part of this �eed of Trust: .
<br /> 5ecurity Agreement. This instrument shall c�nstitute a Security Agreement tv ihe ext�nt any ❑f the Property
<br /> constitutes fixtures, and Lender shall hs�e ail o�the rights of a secured party under the Uniform Commerc�al Code
<br /> as amended�rom time ta time.
<br /> Security Intarest. lJpvn r�qusst by Lender, Trustor shall take whate�er action is requested by Lender to perfect
<br /> and continue Lsnder's security interest in the Rents and Persanaf Property. !n addition to recording this Deed o#
<br /> Trust in the real praperty records, Lender may, at any time and withou# further author�zativn #rom Trustor, file
<br /> executed counterparts, �opies vr reprvductions of this ❑eed vf Trust as a financing statement. Trustar shall
<br /> reimbursg Lender for a�l expenses in�urred in perfecting ar cvntinuing this security interest. Upon default. Trustar
<br /> shall not remove, se�er or detech �he Persanal Proper�y from the Property. Upon default, Trustvr shall assemble
<br /> any Personal Property not affixed to the Prvperty in a manner and at a pla�e reasonably con�eni�nt to Trustor and
<br /> Lender and make it a�aifable to Lender within three �3y days after re�eipt af written demand fram Lender to the
<br /> extent permitted by applicable law.
<br /> Addresses. The mailing addresses of Trustvr tdebtorj and Lender �secured partyy from which information
<br /> cancerning the security interest gran#ed by this ❑�ed of Trust may be ohtained �each as required by the Uniform
<br /> Commercia!Codey ace as stated on the first page of this�esd of Trust.
<br /> FURTHEft ASSIJRANGES: ATTDRNEY-�N-FACT. The follawing prv►►isivns relat�ng tv further assurances and
<br /> attorney-in-fact�re a part o#this Deed of Trust:
<br /> Further Assuran�es. At any time� and #rom time ta time, upvn request o#Lender, Trustor wilf make, execute and
<br /> deli�er, or w+11 cause to he made,executed ar deli�ered, to Lender or to Lender's design�e, and when requested by
<br /> Lender, cause ta be filed, recarded, r�f+led, or rerecvrded, as the �ase may be, at such times and in su�h vffices
<br /> and places as Lender may de�m apprvpriete, any and a11 such mortgages, d�eds vf trust, security deeds, security
<br /> agreements, finan�ing st�tements, continuation sta�ements, instruments ❑# further assurance, certi#ic�tes, �nd
<br /> other documents as may, in the sols apinion of Lender, he necessary or desirable in order to effectuate, �omplete,
<br /> perfect, continue, ar preser�e �1 j Trustor's obligatians under the Note. this Deed �f Trust� and the Related
<br /> Documents, and t2f the liens and security in#er�s#s cre�ted by this ❑eed af Trust as first and prior liens on the
<br /> Prop�rty, whether nvw vwned or hereafter acquired by Trustor. Unless prohibited by law oc Lender agrees to the
<br /> contrary in writing, Trustor shall reimburse Lender for al� casts and expenses incurred in �onnection with the
<br /> matters referred ta in this paragraph.
<br /> Attvrney-in-Fact. lf Trustor fails to d� any af the things referr�d to in the preceding paragraph, Lender may do s❑
<br /> for and in the name nf Trustnr and at Trustar's expense. For such purpvses, Trustar hereby irre�vc�bly appoints
<br /> Lender as Trustor's attorney-in-fact fvr the purpvse of making, executing, deli�ering, fiiing, recording, and daing all
<br /> other things as may be.necessary or desirahl�, En Lender's svle opinion, ta accomplish the matters referred t❑ in
<br /> the preceding paragraph.
<br /> FULL PERF�RMANCE. �f Trustor pays all the Indebtedness, including without limitation all future ad�ances, when due,
<br /> and otherwise performs all the oblig�tions imposed upon Trustor under this Deed of Trust, Lender shail execute and
<br /> deli�er to Trustee a request fa� full re�vn►►eyenc� and shall execute and deli�er to Trustor suitahle statements of
<br /> termination of eny financing sta�ement on file ��idencing Lender's security interest in �he Rents and the Persvnal
<br /> Prvperty. Any re�on�eyance�e��equired by!aw shall be paid by Trustor, if permitted by applicabie law.
<br /> EVENTS �F DEFAULT. Each o#the following, at Lender's option. shall canstitute an E�ent vf ❑efault under this ❑eed
<br /> vf Trust:
<br /> Paymant Defeult. Trustor fails to make any payment when due under the Indebtedness.
<br /> �ther Dafau�ts. Trustor �aEls to comply with �r to per#orm any vther term, obligation, ca�enant or conditivn
<br /> contained in this ❑eed of Trus# or in any of the Related ❑ocuments or t� comply with or ta perform any term,
<br /> obligation, �v�enan#ar cvndition cvntained in any other agreement l�etween L�nder and Trustor.
<br /> Compiiance Default. Failure to c�mply with any other term, obligation, co►►enan# or condition contained in this
<br /> ❑eed af Trust, the Note ar in any of the Related Documents.
<br /> De#�ult on�ther Peyments. Failure of Trustor within the time required by this Deed afi Trust to make any payment
<br /> far taxes or insurance. ❑r any❑ther peyment necgssery#v pre�ent filing o#or tn effect discharge of any�ien.
<br /> Daf�ult in Fe�vr of Third Parties. Shvuld Grantvr default under any loan. extension of credit, security agreement�
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