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2� 17� 1 � 17
<br /> vEEa oF TRusT
<br /> t��ntinuedy Page 4
<br /> Applicativn of Net Pr�ceeds. If all or any part o�the Property is cond�mned by eminent domain procssdings or by
<br /> any proceeding or purchase in lieu vf�ondemnation, Lender may a�its election require that ail vr any portion of the
<br /> net proceeds of the award he applied t� the Indebtedness or the repair or restorat�on of the Prvperty. The net
<br /> proceeds of the award shal� mean the award after payment of all reasonable costs, expenses, and atto�rneys` fees
<br /> in�urred by Trustee vr Lender in connection with the cvndemnativn.
<br /> IMP�SITIQN �F TAXES, FEES AND CHAR�ES BY G�VERNMENTAL AUTH�RITIES. The #ollowing pro�isions rela#ing
<br /> ta go�ernmental taxes, fe�s and charges are a part of this Deed af Trust:
<br /> Current T�xes, Fees and Charges. Upon request by Lender, Trustor shall execu#� such dv�uments in addition to
<br /> this Deed vf Trust and take whate��r other action is requested by Lend�r t❑ perf�ct and continue Lender's li�n vn
<br /> the Real Property. Trustor shall reimburse Lender fvr al! taxes� as described befow. tvgether with a11 expenses
<br /> incurred in r�cording, perfecting or continuing this Deed ofi Trust, including w�thvu# iimitation all taxes, #ees,
<br /> documentary stamps, and vthe��harges for recording or registering this Deed of Trust.
<br /> Taxes. The following shall constitute �axes to whi�h this se�tivn applies: �1 y a spec��ic tax upon this type of
<br /> Deed of Trust vr upon a!I ar any part of the Indebtsdness secured by this ❑eed ❑#Trust; {2y a specific #ax on
<br /> Trustor which Trusto�is authorized ❑r required tv deduct from payments vn the Indebtedness secured by this type
<br /> ❑f Deed of Trust; �3� a tax on this type of Deed vf Trust chargeahle against the Lender or the holder of the Nvte;
<br /> and {4y a specific tax on all or any portion vf the Indehtedness or on payments of princ�pa� and interest made �y
<br /> Trustor.
<br /> 5ubsequent Taxes. If any tax tv whi�h this section applies is enacted subsequent to the date o# #his �eed of
<br /> Trust, this e�ent shal� ha�e th� same effect as an E�ent of Default, and Lender may exercise any or all of its
<br /> a�ailahle remedies for an E�ent af Default as pro�ided below unless Trustvr either (1� pays the tax befor� it
<br /> becomes delinquent, or �2� contests the tax as pro�ided abv�e in the Taxes and Liens sectian and depvsits with
<br /> Lender cash or a sufficient corporate surety bvnd or❑ther securi�y satisfactvey to Lender.
<br /> SECURITY AGREEMENT: FINANCING STATEMENTS. The following pro�isians relating to this Deed o� Trust as a
<br /> security ag�eement are a part of this Deed of Trust:
<br /> Security Agreemsnt. This instrument shall cons�itute a Security Agreement to th� extent any of the Prvperty
<br /> cvnstitutes fixtures, and Lender shall ha�� all vf the rights ❑f a secured party under the lJnifvrm Cvmmercial Code
<br /> as amended from time to time.
<br /> Se�urity lnterest. Upon request by Lender, Trustor shall take whate►►er ac�ivn is requested by L�nder to per�ect
<br /> and continue Lender's security interest in the Rents and Psrsvnal Property. ln addition ta re�arding this Deed o�
<br /> Trust in the reaf property �ec�rds, Lender may, at any time and without further au#horizatian from Trustor, #iie
<br /> executed counterparts, c�pies or r�productions of this Deed �f Trust as a f�nancing statem�nt. Trustor shall
<br /> reimburse Lender�or all expenses incurred in perfecting or cvntinuing#his se�urity interest. Upvn default, Trustor
<br /> shall nat remo�e, se�er or detach the Personal Property from the Pr�perty. �pvn deiault, Trustor shalf assemble
<br /> any Personai Property not affixed to the Prvperty in a manner and at a place reasonah�y con�enient to Trustor and
<br /> Lender and make it a�ailable to Lgnder within three �3� days after re�eipt of written demand from Lender to the
<br /> extent permitted hy applicable law.
<br /> Addresses. The mailing addr�sses af Trustor �debtorj and Lender �secured party� from which infvrmation
<br /> cvncerning the security interest granted hy this Deed of Trust may be vhtained �each as required by the Uniform
<br /> Commercial Code� are as stated❑n the first page of this Deed of Trust.
<br /> FURTHER ASSURANCES; ATT�RNEY-IN-FA�T. The following pra�isions reiating to furth�r assurances and
<br /> attnrney-in-fact are a part of this De�d af Trust:
<br /> Furthe�r Assurances. At any time, and from time to time, upan request af Lender, Trustor wil! rnake, execute and
<br /> deli�er.or wi��cause ta be made, executed or deli�ered, #o Lender or to Lender's designee, and when requested by
<br /> Lender, cause to be filsd, recvrded. refiled, vr rerecorded� as the �ase may be, at such times and in such o#fices
<br /> and places as Lender may deem appropriate, any and all such mv�tgagQs, deeds of trust, se�urity deeds, secu�rity
<br /> agreements. financing statements� c�nt�nuation stat�ments, instruments o# further assurance, certificates, and
<br /> other documents as may, in the sa�e opinion af Lend�r, be necessary or desirable in order tv ef#sctuate, cvmp�ete,
<br /> perfect. cantinue, or preser�e �1} Trustvr's ohltgativns under the Note. this Deed af Trust, and the Related
<br /> Dvcuments, and �2y the liens and securEty inter�sts created by this Deed vf Trust as first and prior liens on ths
<br /> Property, whether now vwn�d or hereafter acquired by Trustvr. Unl�ss prvhibi#�d by law or Lender agrees to the
<br /> contrary in writing. Trustor shall reimburse Lender far all �osts and exp�nses incurred in �onnectivn with the
<br /> matters referred to in this paragraph.
<br /> Attorney in-Fact. If Trustor fails to do any of the things re�erred to in the p�e�ed�ng paragraph, Lender may do so
<br /> fvr and in the name of Trustoc and at Trustor's expense. For such purpvses, Trustor hereby irre�ocably appvints
<br /> Lender as Trustor's attvrney-in-�act fo�the purpose of making, executing, deli�ering, filing, recording, and daing all
<br /> other things as may be necessary or desirabls, in Lender's sole opinion, to accornplish the matters referred to in
<br /> the preceding paragraph.
<br /> FIILL PERFQRMANCE. �f Trustor pays all the Indebtedness, including without limitation all future ad�ances, when due,
<br /> and �therw�se performs al� the obligations imposed upon Trustvr und�r this Deed of Trust, Lender sha�� execute and
<br /> deli�er to Trustee a request fvr full recon�eyance and shall execute and deli�er to Trustor suitable statements ❑f
<br /> termination of any finan�ing stat�mgnt on file e�idencing Lender`s se�urity �nterest in #he Rents and the Personal
<br /> Prvperty, Any recan�eyan�e fee required by law shall be paid hy Trustvr, if permitt�d�y applicable law.
<br /> EVENTS DF �EFAIJLT. Each af the follvwing, at Lender's option, shall constitute an E�ent of Default under this Deed
<br /> of Trust:
<br /> Payment Default. Trustvr�ails to make any payment when due under the Indebtedness.
<br /> �ther Defaults. Trustor fails tv comply with or to per�orm any other term� obligativn, cv�enant vr condition
<br /> contained in this ❑eed vf Trus# or in any of the Related Documents vr to comply wi#h nr to perfvrm any tefm,
<br /> obligation, co�enant ar cvndition contained in any�ther agreement hetween Lender and Trustvr.
<br /> Compliance Default. Failure to camply with any other term, abligativn, cv�enant or condition cvntained in this
<br /> Deed of Trust,the Note ar in any of th� Related ❑ocuments.
<br /> Def�ult on�ther Payments. Failure of Trustor within th�time required by this Deed of Trust to make any payment
<br /> for taxes or insurance, or any❑ther payment necessary tv pre�ent filing af vr to effect dis�harge o#any lien.
<br /> aefault in Fa►►or v#Third Parties. 5hould Granto�r de#ault under any Ioan, extens�on of credit, security agreement,
<br /> purchase or sales agre�ment. or any other agreement, in fa�vr af any other creditor❑r person that may materially
<br /> a#fe�t any of Grantor's property or Grantar's ability tv repay the Indebtedness ❑r Grantor's ability ta perform
<br /> Grantor's obligativns under this Deed of Trust vr any of the Related �ocuments.
<br /> False 5tatements. Any warranty, representation or statement made ar furnished to Lender by Trustor vr on
<br /> Trustor's hehai#under this Deed of Trust�r the Related Do�umen�s is fafse or misleading in any material respect,
<br /> either nvw ar at the time made vr furnished or becvmes false vr misleading at any tims thereafter.
<br /> OBfeCttVB Colleteralizatian. This Deed af Trust ar any of the R�lated Documents ceases to be in full force and
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