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2� 17� 1594 <br /> DEE� �F TRUST <br /> Loan Na: '1�'13�3'I 55 �Contlnuedj Page 5 <br /> Trustor will deliver, or cause t� be deli�ered, ta Lender such instruments as Lender may re�uest fram �ime tv time <br /> tv pe�mit such participatian. <br /> Compliance With Laws. Trustor warrants that the Property and Trustar's use af th� Property complies with al! <br /> existing appiicah�e laws, ❑rdinan�es, and regulatians of gv�ernmenta! authvrities. <br /> Sur�i�ai of Representations and Warranties. A�i representatians, warranties, and agreements mad� by Trustar in <br /> this Deed ❑f Trust shall sur�i�e the execution and deli�ery o� this Deed of Trust, shall be continuing �n nature, and <br /> shali remain in fuil force and effect until such time as Borrower's Indebtedness shall be paid in fu�l. <br /> EXISTIN� 1NDEBTEDNESS. The fallowing pra�isions cancerning Existing Indeb�edness are a part of�his Deed a�Trust: <br /> Existing Lien. The lien ❑# this ❑eed of Trust securing the ind�btedness may be secvndary and inferivr to an <br /> existing lien. Trustor expressly co�enan�s and agrees to pay, ar see t❑ the payment ❑f, the Existing Indebtedness <br /> and to pre�ent any default vn su�h inde�tedness, any default under the instr�uments e�idencing such indebtedness, <br /> or any default under any se�urity dacuments for such indebtedness. <br /> No Modifica#ion. Trustor shall nat enter intv any agr�ement with the halder af any martgage, deed af trust, ❑r <br /> other security agreement which has prior�ty aver this Deed o# Trust by which that agreement is modif�ed, <br /> amended, extended, or renewed without the prior written cvnsent of Lender. Trustar shall n�ither request nar <br /> accept any future ad�ancss under any such security agreement without the pri�r written consent of Lender. <br /> C�NQEMNATlON. The followin� pro�isions relating to condemnatifln proceedings are a part❑f this ❑eed of Trust; <br /> ProceedEngs. If any proceeding in condemnation is filed, Trustor shall pramptly notify Lender in writing, and <br /> Trustor shaif prompt�y tak� such 5�@p5 �5 may be neGessary t❑ defend the activn and obtain the award. Trustor <br /> may be the nominal party in such pra�eeding, but Lender shall he entitled to participate in the prnceeding and to be <br /> represented in the pracee�ing by counsel of its own choice, and Trustor will deli�er ar cause to be deli�ered to <br /> Lender such instruments and documentatian as may be requested by Lender fram time t� time to permit su�h <br /> participatian. <br /> Appli�ativn of Net Proceeds. If all ❑r any part ❑f the Property is condemned by eminent domain proceedings o� by <br /> any pr�ceeding or purchase in lieu o�candemnation, Lender may at its e�ection requir� that all or any port�vn of the <br /> net praceeds o� �he award be applied tv the Indebtedness or the repair ar restorativn of the Property. The net <br /> proceeds of the award shall mean the award after payment af all reasflnable cvsts, exp�nses, and attorneys' fees <br /> in�urred by Trustee ❑r Lender in cannection with the candemnation. <br /> 1MP�51TI�N OF TAXES, FEES AND GHAR�ES BY G�VERNMENTAL AUTHQRITIES. The fallowing prn�;sions relating <br /> to ga�ernmental taxes, fees and charges are a part�f this Deed af Trust: <br /> Current Tax�s, Fees and Charges. llpon request #�y Lender, Trusto� shafl execute such dacuments in addition t� <br /> this Deed ❑f Trust and take whate�er other action is requested by Lender to perfect and �ontinue Lender's lien on <br /> the R�al Property. Trustor shall reimburse Lender far all taxes, as described below, together with all expenses <br /> incurred in recording, perfecting ❑r continuing this Deed ❑f Trust, including wtthvut limitation a11 taxes, fees, <br /> documentary stamps, and other �harges for recarding ❑r registering this Deed ❑f Trust. <br /> Taxes. The folfvw�ng shall consti�ute taxes to whFch this sect�on applies: {1} a specific tax upon this type vf <br /> Deed of Trust or up�n all ❑r any part of the Indebtedness secured by this D�ed of Trust; �2� a specific tax on <br /> Borrower which Borrawer is autharized ❑r required to deduct fram paym�nts �n the Indebtedness secured by this <br /> type of Deed of Trust; �3y a tax on this type of Deed ❑f Trust chargeable against the Lender or the hnlder of the <br /> Note; and �4� a specifi� tax an all or any portivn o� the Indebtedness or an payments vf principa� and interest <br /> made t�y Bvrr�wer. <br /> Subsequen# Taxes. �f any tax ta which this section appiies is enacted subsequent #o the date of thfs Deed vf <br /> Trust, this e�ent shail ha�e �he same e�fect as an EWent vf Default, and Lender may exercise any ar all of its <br /> a�ailable remedies fflr an E�ent of Defau�t as pro�ided below uniess Trust�r either �17 pays the tax before it <br /> becom�s deiinquen�, �r �2} �ontests the tax as pr��ided abo�e in the Taxes and Liens sectian and depasits with <br /> Lender cash ar a sufficient corporate surety band ❑�ather security satisfactory to Lender. <br /> SECURlTY AGREEMENT: FINANC�NG STATEMENTS. The fol�owing pra�isions relating tn this Deed of Trust as a <br /> security agreement are a part of this Deed �f Trust: <br /> 5e�urity Agreem�nt. This rnstrument shall constitute a Security Agreement to the ext�nt any ❑t the Property <br /> constitutes tixtures, and Lender shall ha�e all ❑f the rights of a secured party under the Uniform Cammercial �ode <br /> as amended from time ta time. <br /> Security Interest. Upan request by Lender, Trustor shall take whate�er action is requested by Lender to perfect <br /> and continue Lender's security interest in the Rents and Pe�sonal Property. In additian to recording this Deed ❑f <br /> Trust in the r�eal praperty records, Lender may, at any time and withnut turther authorizativn #rom Trustor, fiie <br /> ex�cut�d c�un�erparts, copies or repraductions vf this Deed af Trust as a financing statement. Trustor shall <br /> reimburse Lender for all expenses incurred in perfecting or continuing th�s security in��rest. Upfln default, Trustor <br /> shall not rema�e, se�er or detach the Personai Property from the Prvp�rty. Upvn default, Trustvr shall assemble <br /> any Persanal Property not affixed to the Praperty in a rnanner and at a place reasonably con�enient tn Trustor and <br /> Lender and make it a�ailable to Lender within three �3y days after receipt ❑f written demand fram Lender t❑ the <br />