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2� 17�2�98 <br /> DEED �F TRUST <br /> L�van No; �D'I 3��'I Q� �C�ntinu�d� Page 5 <br /> No Madificati�n. Trustar shall not enter int❑ any agreement with the holder ❑� any mortgage, deed of trust, or <br /> vther security a�r�ement which has priarity o�er this Deed af Trust by which that agreement is madf�ted, <br /> amended, extended, ❑r renewed without the prior written cansent �f Lender. Trustor shall neither request nor <br /> accept any future ad�ances under any such security agr�em�nt without the prior written consent o� Lender. <br /> CQNDEMNATIQN. The fvllflwing prv�isians relat�ng t❑ candemnatian praceedings are a part of this Deed of Trust: <br /> Proceedings. Ifi any proce�ding in condemnativn �s filed, Trustor shall promptfy natify Lender in writing, and <br /> Trustor shall promptly take such steps as may be necessary to defend the a�tian and ❑bta�n the award. Trustor <br /> may be the nominal �arty �n suc� proceeding, but Lender shal! be entitled tv participate in the proceed�ng and to be <br /> represented in the proceeding by caunsel of its awn choi�e, and Trustvr will deli�er �r �ause ta �e deli�ered ta <br /> L�nd�r such instruments and do�umentation as may be r�quested by Lender from time t❑ time ta permit such <br /> participation. <br /> Appl+�ation vf Net Proceeds. lf all or any part of the Propsrty is cvndemned by eminent domain prviceedings or by <br /> any praceeding ❑r purchase in lieu of candemnati�n, Lender may at its electian require that a�l or any portion of the <br /> net proceeds af the award be applied t❑ the lndebtedness or the repair or restorativn nf the Property. The net <br /> pro�eeds ❑f the award shal# mean the award after payment af all reasanable costs, expenses, and a�torneys' fees <br /> incurred by Trustee or Lender in connection with the candemnatian. <br /> IMP�S1T14N �F TA3lE5, FEES AND CHARCES BY G�VERNIVIENTAL AUTH�RITIES. The fallowing pro�isitins re�ating <br /> ta go�ernmenta! taxes, fees and �harges are a part❑f this Deed of Trust: <br /> Current Taxes, Fees and Charges. Upon request by Lender, Trustar shall execute such docum�nts in addition to <br /> this Deed ❑f Trust and take whate�er other action is requested b� Lender to perfect and continue Lender's lien on <br /> the Real Prope�ty. T�ustvr shall reimburse Lender for aEi taxes, as d�scribed belaw, together wi�h all expenses <br /> in�urred in recvrding, perfe�ting or �antinuing this Deed a� Trust, including withvu� limi�ati�n a!� taxes, fees, <br /> dncumentary stamps, and oth�r charges fflr recording ar registering this Deed ❑f Trust. <br /> Ta�ces. The foilawing shall cnnstitute taxes to which this sectivn applies: �1 y a specific tax upon this type of <br /> Deed of Trust ar upon alf or any part afi the Indebtedness secured by this Deed of Trust; ��� a specific tax on <br /> Trustor which Trustor is authvrized or requir�d ta deduct fram payments on the Indebtedness se�ured by this type <br /> of ❑eed of Trust; �3� a tax vn this type �f [3eed of Trust chargeable agarnst the Lender or the haider ❑f the Note; <br /> and �4y a sp�cific tax an all vr any portion ❑f th� Indebtedness or an payments of principal and interest made by <br /> Trustar. <br /> Subsequent Taxes. lf any tax to which this section appiies is enaeted subsequent to the date of this �eed of <br /> Trust, this e�ent shaC� ha�e the same effect as an E�ent of Default, and Lender may exercise any ❑r a!1 ❑f its <br /> a�ailable remedies fvr an Event of Default as prv�ided below unless Trustar either ��} pays the �ax before it <br /> becomes delinquent, or �2� con�ests the tax as pro�ided aba�e in the Taxes and �iens section and d�pasi�s w�th <br /> Lender cash ❑r a suffi�ient carporate surety bond ar other security satisfa�tvey t❑ Lender. <br /> SECURITY AGREEMENT; FINANCINC STATEMENTS. The follawing pro�isions relating to th€s Deed of Trust as a <br /> security agreement are a part of this Deed of Trust: <br /> Securi#y Agreement. This instrument shall canstitute a Security Agreement t� the extent any at the Property <br /> cvnstitutes fixtur�s, and Lender shall ha�e al� of the righ�s vf a secured party under the Unifarm Cvmmercial Cade <br /> as amended from time t❑ �ime. <br /> Se�urity lnterest. Upvn request by Lender, Trustor shall take whate�er action is requested by Lender tv perfect <br /> and continue Lender's security interest in the Rents and Personal Prvperty. In addition t❑ recording this Deed of <br /> Trust in the real p�operty re�ords, Lender may, at any time and without further authori�ation from Trus�or, file <br /> exe�uted caunterparts, cvpies or rep�oductions o� this Deed af Trust as a financing statement. Trust�r shall <br /> reimhurse Lender fior all expenses incurred in perfecting ar cantinuing this se�urity inter�st. Upon default, Trustor <br /> shall �at rerrr��e, s�ver or detach the Persana� Pr�vperty fr�om the Property. Upvn defau�t, Trustor shall assemble <br /> any Personal Property n�t af#ixed to the Property in a mann�r and at a place reasonably c�n�enient ta Trustor and <br /> Lender and make it a�ailable t❑ Lender within three (3} days af�er receipt af writtsn d�mand fr�m L�nder ta �he <br /> extent permitted by applicable law. <br /> Addresses. The mailing addresses of Trustor (debtor} and Lender 4se�ured party} from which infvrmation <br /> concerning the SECUCfty interest granted by this Deed af Trust may be obtained �each as required hy the UnEform <br /> Comm�rcial Cod�y are as stated vn the first page of this Deed of Trust. <br /> FURTHER ASSURANCES; ATTDRNEY-IN-FA�T. The fallowing pra�isiflns rela�ing to further assurances and <br /> attorney-in-fa�t a�e a part ❑f this Deed of Trust: <br /> Further Assurances. At any time, and from time to time, upvn request of Lender, Trustor will make, exe�ute and <br /> deli�er, or w�ll cause t❑ be made, executed ar deliuered, ta L�nder o�to Lender's designee, and when requested by <br /> Lender, cause t� be filed, recorded, refi[ed, vr rerecorded, as the case may �ae, at such times and in such offices <br /> and pf aces as Lender may deem appropriate, any and all such mortgages, deeds of �rust, security deeds, security <br /> agreements, financing statements, Gontinuation statements, instruments nf further assurance, certifi�at�s, and <br /> other dvcuments as may, in the svle opinian af Lender, be n�cessary flr desirable in order t❑ effectuate, �omplete, <br /> perfect, Gontinue, or preser�e ��y Trustor's obligations under the Nvte, th�s Deed af Trust, and the Related <br />