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2� 17� 1592
<br /> DEED DF TRUST'
<br /> �Continued� Page 4
<br /> participation.
<br /> Appli�a�ian of Net Proc�eds. [fi all or any part of the Praperty is c�ndemned by eminen� domair� proceedings or �ay
<br /> any proceeding�r purchase in lieu of condemnativn, Lender may at its efectian require that all vr any pvrtivn o�th�
<br /> ne� pro�eeds of the award be applied to the �ndebtedness o� the repair or �estorati�n of �he Property. The n�t
<br /> prac�eds ot�he award shall mean the award after payment o�al� r�asonahle ��sts, expenses, and attorneys' fees
<br /> incurred by Trustee ar Lender in cannection with the c�nd�mnatian,
<br /> IMP�5ITION �F TAXES, FEES AND CHARGES BY G�VERNMENTAL AUTH�RITlES. The �ollowing pro�isivns r�lating
<br /> to go�ernmenta!�axes, fees and charges are a part o�this Deed o�Trust:
<br /> Current Taxes, Fees and Charges, Upon request by Lender, Trustor shall execute such documents in addition to
<br /> this Deed afi Trus�and take whate�er vther actifln is requested by �ender�v perfec�and cvnt�nue L�nder's lien vn
<br /> the Rea� Proper�y. Trustor shall reimburse Lender far all taxes, as described below, together with al� expenses
<br /> incurred �n re�vrding, perfecting or continuing this Deed of Trust, including withou� I�mitat€�n al1 taxes, �ees,
<br /> d�cumentary stamps, and other charges �or reGvrding ❑r registering this Deed of Trust.
<br /> Taxes. The fvllvwing shall constitute �axes �v which this sectior� applies: 4�� a speci�ic tax upon this type vf
<br /> Deed o�Trust ar upon al� ❑r any pa�t o�the Indebtedness secured by this ❑eed vf Trust; ��� a speGi�Fic tax on
<br /> Trustor wh�ch Trustor is authorized or required to deduct from payments on the indebtedness secured by this type
<br /> ❑f Deed o�Trus�; t3y a tax ❑n�his type o�Deed of Trust chargeable agains�the Lender or the h��der o�the No�e;
<br /> and 44j a speci�Fic tax on afl vr any portion o�the indebtedness or on payments of principal and int�r�st made by
<br /> Trustvr.
<br /> Subsequent Taxes. lf any tax to which this section appli�s is enacted su�sequent to the date of this Deed of
<br /> Trust, #his e��nt shall have the same effe�t as an E�ent o€ Defau�t, and Lende� may exercise any vr a�l o# its
<br /> a�ailable remedies for an E��nt of Defau(t as pro�id�d h�low unless Trustor either 41� pays the tax before it
<br /> becomes d�iinquent, or {�y cvntests the tax as pro�ided abo�e in the Taxes and Liens sec�ion and deposits with
<br /> Lender�ash or a su#fic�ent cvrporate surety hnnd or vthe�security satisfactory tv Lender.
<br /> SECURiTY AGREEMENT; FINANCING STATEMENTS. The fo�law�ng pro�isions relating to �his Deed of Trust as a
<br /> security agreement a�e a part of this Deed of Trust:
<br /> Security Agreement. This instrument shall �vns�i�ute a 5ecurity Agreement to the extent any af the Prvperty
<br /> c�nstitutes fixtures, and Lender sha�� ha�e all vf�he righ�s of a secured par#y under the lJni�orm Cvmmercial Code
<br /> as amended from time to time.
<br /> Security In#eres�. Upon request by L�nder, Trustor shall take whate�er ac�ian is requested by L�nder to perfect
<br /> and continue Lender's se�urity interest in the Rents and Persvnal Praper�y. �n addition to recording this Deed of
<br /> Trust in the real property recvrds, Lender may, at any t�me and wi�haut further au�hvri�a#ian from Trus�vr, file
<br /> executed counterpar�s, copies vr repr�du�ti�ns o� this Deed of Trust as a financing statement. Trustvr shall
<br /> reimburse Lender for al� expenses in�urred in per�ecting vr continusng this security interes�. Upan default, Trustar
<br /> shall not remv�e, se�e�- or detach the Personal Prvperty fr�m the Property, llpan default, Trus�vr sha�� assemb�e
<br /> any Persona� Pr�rperty not affixed �v�he Property in a manner and �t a place reasonably cvn�enient to Trust�r and
<br /> Lender and make it a�ailable ta Lender wi�hin three �3� days a�ter rec�ipt ot written demand -�rom Lender ta the
<br /> ex�ent permitted by applica�le law.
<br /> Addresses. The mailing addresses of Trustar �deb�ory and Lender 4secured party� from which informat�on
<br /> concerning the security interest gran�ed by this Deed of Trust may he obtained �each as requi�-ed by the Unif�rm
<br /> Commercial Cade� are as stated on the���st page of this Deed af Trust.
<br /> FURTHER ASSURAN�ES; ATT�RNEY-IN-FACT. The �roll�wing pro�isians rela�ing to further assurances and
<br /> at�orney-in-fact are a par�of this Deed af Trust:
<br /> Furth�r Assurances. At any time, and from time to time, upon request v� L�nder, Trustor will rnake, exe�ut� and
<br /> del��er, or will cause to be made, execu�ed or deli�ered,to Lender o�to Lender's d�sign�e, an� when requ�sted by
<br /> Lender, cause to be #i�ed, recvrded, refiled, or rerecorded, as the case may be, at such �imes and in such offices
<br /> and p�aces as Lender may de�m apprvpriate, any and all such mvrtgages, deeds of trust, s�curity d�eds, securi�y
<br /> agreements, �inancing stat�ments, ��ntinuati�n statements, instrumen�s of further assurance, cert�ficates, and
<br /> ❑�her docum�nts as may, in the sole opinion o� L�nd�r, he necessary or desirahl� in arder to effectuate, complete,
<br /> perf�ct, continue, or pres�r�e �1� Trustor's obfigations und�r �h� Nate, this Deed of Trust, and �he Related
<br /> t�ocuments, and 4�� the liens and security interes#s created hy this Deed o�Trust as #irst and prior liens on th�
<br /> Praperty, whether now owned or hereafter a�quired hy Trustor. lJnless prohib�ted by law or Lender agrees t� th�
<br /> contrary in writing, Trust�r shall reimburse Lender for all C�5�5 and �xpenses incurred in connectian wi�h the
<br /> matters r��erred to in�his paragraph.
<br /> Attvrney-in-Fa�t. If Trustor�ails to do any o��he things re�erred t� in the preceding paragraph, Lender may do so
<br /> for and in the name o�Trus�or and at Trustor's �xpense. For such purposes, Trustar hereby irre�acahly appvints
<br /> Lender as Trustor's attorney-in-faG��or the purpose v�making, exe�uting, d�li�ering, fi�ing, recording, and doing all
<br /> other things as may �e necessary ❑r desira�le, in Lender's sale ❑pinian, to ac�ompiish the mat�ers referred �o in
<br /> the preceding paragraph.
<br /> FULL PERF�RMANCE. If Trust�r pays all the Indebtedness, including wi�hout limitatian all futur� ade�ances, v►rhen due,
<br /> and o�therwis� p�rfarms all the vbfigations impased upan Trustor under this Deed of Trust, Lender shail �xecute and
<br /> deli�er ta Trustee a request for full recon�eyance and shall execute and de�i�er �o Trustor sui�able statements of
<br /> #ermina�ivn vf any �inancing statement on fife e�iden�ing L�nd�r's securifiy �nfierest in the Ren�s and #he Pers�nal
<br /> Property. Any recon�eyance#ee required by law shall be paid by T�usfior, if perm�tted by app��cable law.
<br /> EVENTS ❑F DEFAULT. Each o�the following, at Lender's option, shall �vnstitute an E�ent v� ❑efault under this Deed
<br /> af Trust:
<br /> Payment Default. Trustor�ai[s to mak� any paymen�when due under the indebtedness.
<br /> �#her Defauits. Trustvr fails #o compEy with or t❑ p�rfo�m any other �erm, obligation, co��nant or condition
<br /> �vn#ained in this Deed vf Trust or in any of th� Related Documents vr tv cvmply rrvi�h or tv per�orm any term,
<br /> obligation, co�enant or�ondi�ion contain�d in any vther agreement t�etween Lender and Trustor.
<br /> �ompiiance D�fault. Failure �o comply with any other term, �b�igation, c��enant vr Gondi�ion cvntained in th�s
<br /> Deed of Trust, the Nate vr�n any of�he Related ❑ocuments,
<br /> Default vn Other Payment�. Fai�ure vf Trustor wi�hin the time requir�d by this Deed of Trust to make any payment
<br /> �or taxes or insurance, o�any other payment n�cessary tv pre�ent filing of or to effect discharge of any lien.
<br /> De�au[t in Favor of Third Parties. 5hau�d Grantor de�au�t under any loan, extension of credi�, security agreement,
<br /> purchase or sales agreement, vr any other agr�ement, in fa�or ofi any o�her credi�or or person that may materially
<br /> affe�t any ofi Gran�vr's property ❑r Grantar's abii��y to repay the fndeb�edness vr Gran#or's ability to perform
<br /> Grant�r's obligativns under this Deed of Trust vr any ofi�he Related Documents.
<br /> Faiss Statements, Any warranty, representation ar s�atement made vr furnished �o Lender by Trustor or on
<br /> Trustar's behalf under�his Deed o�Trus�or the Rela�ed Dvcuments is fa�s� or misleading in any material respect,
<br /> e�the�now vr a#the tim� made ar furnished or beComes fafse or misfeading at any fiime thereafter.
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