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2� 17� 1382
<br /> DEED �F TRUST
<br /> tContinued� Pa9e 4
<br /> Trustor shall promptly take such steps as may be necessary tv defend the activn and ohtain the award. Trustar
<br /> may b�the nominal party in such pro�eeding, hut Lende�r sha�l be entitled to participa�e in the proceeding and to be
<br /> represented in the proceeding by cvunse� af its nwn chvice, and Trustvr wili deli�er or cause tv be deii�ered to
<br /> Lender such instruments and da�umentation as may be r�quested by Lender from time to tim� tv permi# such
<br /> participetion.
<br /> App�ication o�Net Proceeds. I#all or any part of the Property is condemned by eminent domain pr�ceedings ar by
<br /> any praceeding vr purchase in lieu v#condemna#ion. Lender may at its ele�tion requir�that all or any portion vf the
<br /> net proceeds ❑f the award be applied to the Indebtedness or the repair or restorativn of the Property. The net
<br /> proceeds of the award sha11 mean the award after payment of ali reasvnable ��sts, expenses, and attarneys' #ees
<br /> in�urred by Trustee vr Lender in connect�vn wi#h the condemnation.
<br /> �MP�SITI�N �F TAXES. FEES AND CHARGES BY G�VERNMENTAL AUTH�RITIES. The following pra�isions relating
<br /> ta go�ernmental taxes, fees and charges are a part❑f this Deed❑f Trust:
<br /> Currant Taxes. Faes and Ch�rges. Upon reques# by Lender, Trus�or shal� �xecute such documents in addition to
<br /> this ❑eed af Trust and take whate�er other actian +s requested by Lender to perfe�t and continue Lender's lisn on
<br /> the Real Property. Trustor shall r�imburse Lender fvr all taxes� as des�ribed below, together with all expenses
<br /> incurred in reCvrding, perfecting or continuing this Deed of Trust, including without limita#i�n ail �axes, fees,
<br /> documentary stamps� and ather charges fvr re�ording or registering#his ❑�ed vf Trust.
<br /> Taxes. The following shal! constitute �axes ta which this s�ctivn applies: �1� a specific tax upon this type of
<br /> Deed ❑f Trust ar upon all or any part of the Indebtedness secured by this Deed af Trust; (Zf a specific tax on
<br /> Trustvr which Trustvr is authorized or required to deduct fram payments an the Indebtedness secured by this type
<br /> of Deed af Trust; �3� a tax on this type v#❑eed❑f Trust chargeable against the Lender vr the holder vf the NQte;
<br /> and �4y a spe�ific tax on all ar any portivn of the Indebtedness or on payments af prin�ipal and interest made by
<br /> Trustor.
<br /> 5ubsequent T�xes. If any tax tv which this section applies is enac�ed subsequent to the date of this Deed af
<br /> Trus#� this e�ent shall ha�e the same effe�t as an E�rent a� ❑efault, and L�nder may exercise any or ali of i#s
<br /> a�ailable remedies for an E�ent of De#aul� as pro�ided below unless Trustor either �1 y pays the tax before it
<br /> becvmes delinquent� vr ��y Gontests the tax as pra�ided aba�e �n the Taxes and Liens sectivn and deposits with
<br /> Lender cash�r a su##�cient cvrp�rate sur�ty bond or other security satisfactory ta Lender.
<br /> SECURITY AGREEMENT; FINANG�NG STATEMENTS. The following pro�isions relating to this Deed of Trust as a
<br /> security agreement a�e a part v##his Deed❑f Trust:
<br /> 5ecurity Agreement. This instrument shall constitute a Security Agreement to the exten� any of the Property
<br /> constitutes fixtures, and Lender sha1� ha�e all of the rights vf a secured party under the LJniform Commercial Cods
<br /> as amended from time ta time.
<br /> 5e�urity lnterest. Upon rsquest by Lender, Trustor shall take whate�er activn is requested by Lender to perfect
<br /> and �ontinue Lender's security interest in the Rents and Persvnal Property. In addition to recording this Deed of
<br /> Trust in th� reai property recards, Lender may, at any time and wi#hvut further authorization fram Trusta�, file
<br /> �xecuted �vunterparts, copies or reprvduc#i�ns of th�s Deed vf Trust as a financing statement. Trustor shall
<br /> reimburse Lender for all expenses incurred in per�ecting vr cvntinuing this security interest. Upvn default, Trustor
<br /> shall nvt rema►►e. se�er ar detach the P�rsonal Prop�rty fram #he Property. Upon default, Trustvr shalf assemble
<br /> any Persona� Property not affixed to the Property in a manner and at a p�ace reasonably c�n�enisnt to Trustor and
<br /> Lender and make it a�aiiable t� L�nder w+thin three �3� days after receipt vf wri#ten demand from Lender to the
<br /> extent permitted by applic�b�e�aw.
<br /> Addrssses. The mailing addresses of Trustor �debtory and L�nder �secured partyf fram which information
<br /> concerning the security interest granted by this ❑eed o�Trust may he obtained �each as required by the Uniform
<br /> Commercial C�d�y are as s#ated on the f�rst page of this ❑eed of Trust.
<br /> FURTHER ASSURANCES; ATT�RNEY-iN-FACT. The follvwing pro�isions relating to further assurances and
<br /> attornsy-in-fact are a part vf this Deed vf Trust:
<br /> Further Assurances. At any time, and #rom time to time, upon r�quest of Lender, Trustor wi11 make, execute and
<br /> dsli�er, or will cause t4 be made, executed or deli�ered,to Lender ar ta Lender's designee. and when requested by
<br /> Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and �n su�h offices
<br /> and places as Lender may deem appropriate, any and all su�h mortgages, deeds o#trust, security deeds, security
<br /> agreements. fin�ncing statements, continuatian statements, instrum�nts of furth�r assurance, cert+#icates, and
<br /> ather documents as may, in the sole opinion�f Lender, be necessary or desirable in order to effectuate, cvmplete,
<br /> perfec#, continue, or preser�e �1� Trustar's �bligations under the Note, this Deed of Trust, and the Related
<br /> Documents, and �2y the liens and security interes�s created by this Deed v#Trus# as first and prior liens an the
<br /> Property, vuhether now owned or hereafter acquired �y Trustor. Unless prohibited by larrv or Lender agrees to the
<br /> contrary in wri�ing, Trusta� shall reimburse Lender for all c�sts and exp�nses incurred in connect�on with the
<br /> matters refsr��d to in#his paragraph.
<br /> Attorney in-Fact. If Trustor fails t❑ d� any af the things refe�red tv in the preceding paragraph, Lender may do s�
<br /> for and in the name of Trustvr and at Trustor's expense. Far such purposes, Trustor hereby irre�acahly appoints
<br /> Lender as Trustor's attarney-in-fact fvr the purpos�❑f making. executing, deli�ering, filing� recording� and dving all
<br /> othsr �hings as mey be ne�essary or desirable. in Ler�der's sole opinivn� t❑ accomplish the matters referred to in
<br /> the preceding paragraph.
<br /> FULL PERF�RMANCE. If Trustvr pays all the Indebtedness, including without IimitatEon all future ad�ances, when due,
<br /> and atherwise performs all the obligations imposed upon Trustvr under this Deed of Trust� Lender shall execute and
<br /> deli�er ta Trustee a request for full recvn�eyance and s�all exe�ute and deli�er to T�rusta� suitable statements af
<br /> termination of any financing statement an file e�idencing Lender's security inte�est in the Rents and the Persanal
<br /> Praperty. Any recvn�eyance fee required hy iaw shall be paid by Trustor� i#permitted by applEcable law.
<br /> EVENTS �F �EFAVLT. Each of the �ollowing. at Lend�r's vptian, shali cvnstitute an E�ent of Defau�t under this Deed
<br /> of Trust:
<br /> Peyment De�ault. Trustor fiails to mak�any payment when due under the Indebtedness.
<br /> �#her Defaults. Trustor fails to cvmply with or tv perform any other term, ohligatian, co�enant ❑r c�ndition
<br /> cvntained in this Deed of Trust or in any of the Related Documents vr to c�mply with ❑r tv perform any term�
<br /> obligatian, co�enant vr conditivn contained in any ather agreement between Lender and Trustor.
<br /> Complian�e Def�ult. Faiiure to comply with any other term, obligation, c��enant or condition contained in this
<br /> ❑eed o�Trust, the Note vr in any of the Related Documents.
<br /> Da#ault on�ther Payments. Failure of Trustor within the time required by this Deed o#Trust to make any payment
<br /> far taxes or insur�nce. ❑r any other paymen#necsssary to pre►►ent filing of ar to effect dischargs of any 1ien.
<br /> Default in Fa►►or af Third Parties. Shvuld Granto� de#aul# under any laan, extension of credit, security agreement,
<br /> pu�chase or sales agreement, vr any vther agreement, in fa�or�f any vther creditor❑r persan that may materially
<br /> affe�t any of Grantor's property or Grantar's abiiity tv repay the Indebtedness or Grantor's ability to perfarm
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