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. 2� 17�2878
<br /> . vEEo oF �RUS-r
<br /> ��ontinued� Page 4
<br /> Trustar shall prvmptly take su�h s�eps as may be necessary to defend the ac�ion and abtain the award. Trustor
<br /> may�e the nvmina[ party �n such proceeding, but L�ndsr shall he entitled to participate in the proceeding and t� b�
<br /> rep�esen�ed in the proceeding hy counsel of its �wn cho�ce, and Trustor will deli�er or cause ta he deli�ered to
<br /> Lender such ins#ruments and documenta�ion as may be r�quested by Lender from �ime to time tv permi� such
<br /> parti�ipatian.
<br /> Applica#ion vf Ne� Praceeds. I�all or any par�of the Property �s condemned by eminent domain prviceedings or by
<br /> any proc�eding or pur�hase in li�u of condemnation, Lender may at fts elect�on require tha#all ❑r any portian af�he
<br /> net pr�ce�ds af the award be app�ied to �he �ndeb�edr��ss or the repair or restorativn af �he Properfiy. The ne�
<br /> proceeds o�the award shafl mean the award after payment flf all reasonabl� casts, expenses, and attarneys' fees
<br /> incurred by T�ustee vr Lender in connection with the condemnatian.
<br /> IlVIPC3SIT[DN �F TAXES, FEES AND CHARGES BY G�VERNMENTAL AIJTHnRlTIES. The following pro�isions refating
<br /> to go�e�nmentaf taxes, �ees and charges are a part of this Deed of Trust:
<br /> Current Taxes, Fees and Charges. Upvn request by Lender, Trustor shall execu�e such dacuments in addition to
<br /> �his Deed vf Trust and take whate�er vther acfiion is requested by Lender�o perfec#and cont€nue L�nder's lien on
<br /> �he Real Property. Trustor shall �eimburse Lender for a�� taxes, as des�ribed below, t�gether with all expenses
<br /> incurred in recording, per�e�ting or cantinuing this �eed ot Trust, in�luding wi�hou'� limitation a�� taxes, �ees,
<br /> documentary stamps, and other charges #vr recording or registering th�s �eed o�Trust.
<br /> Taxes. The �ollowing shall constitute taxes to which this section applies: �1 y a sp�c��ic �ax upan this type of
<br /> D��d of Trust vr upon all or any part of the �ndebt�dn�ss secured hy this Deed vf Trust; �2} a spe�ifi� tax on
<br /> Trustor which Trust�r is authorized or required to dedu�t�rom payments an the �ndeb�edness secured �y�his type
<br /> of aeed of Trust; �3� a tax on th�s type of Deed ❑f Trust charg�abie against#he Lender or the holde�o�the Note;
<br /> and {4f a specific tax vn aIl ❑r any portivn of the Indebtedn�ss ar on payments o� prin�ipal and int�rest made by
<br /> Trustor.
<br /> 5ubsequent Taxes. lf any tax to which �his se�tion app�ies is enac�ed subsequ�nt ta the date vf this Deed o�
<br /> Trust, this e�ent shall ha�e the same effiec# as an E�ent o� De#ault, and Lender may exercise any or all ❑f its
<br /> a�aiia�le remedies for an Event of Default as pro�ided be�ow uniess Trustor ei�her {'!� pays the tax before it
<br /> becom�s delinquent, or ��� contes�s the tax as pro�ided ab��e in fihe Tax�s and Liens se�tion and deposits with
<br /> Lender cash ar a sufficient c�rparate surety hand or o�her security satisfactory to Lender.
<br /> SECURITY AGREEMENT; FINANCING STATEMENTS. The fallowing pro�isi�ns relating to this Deed of Trust as a
<br /> security agreement are a part af this De�d af Trust:
<br /> Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property
<br /> constitutes �ixtures, and Lend�r shall ha�e all vf the rights �f a secured party under the Uniform Comm�rcial Code
<br /> as amended�rom time�o�ime.
<br /> Security Interest. Upvn request by Lender, Trustor sha�l take whate�er a�tion is requested by Lender to per�ect
<br /> and con�inue Lender's secu�ity in�eres� in �he Rents and Personal Proper�y. f n addition to recording this Deed of
<br /> Trust in the real property r�c�rds, Lender may, at any time and without furthe� authori�ation �rom Trustor, file
<br /> executed �ounte�par�s, copies ar r�productions �f this Deed of Trust as a #inancing sta�ement. Trusto� shall
<br /> reimburse Lender fvr all expenses incurr�d in perfect�ng vr con�inuing this security interest. LJpon defauit, Trustor
<br /> sha�l nv� remo�e, se�er vr de�ach the Persanaf Property �rom the Property. Upvn default, T�ustflr shall assemble
<br /> any Personal Property not affixed �o�he Property in a manner and afi a place reasonably c�n�enient to Trustor and
<br /> Lender and make it a�ailabi� �o Lender wi�hin thre� �3y days after receipt of writ�en demand fr�m Lender to the
<br /> ex�ent permitted by applicable faw.
<br /> Addresses. The mai��ng addresses of Trust�r �debtor� and Lender ��ecured party� �rom which information
<br /> concern�ng the security interesfi gran�ed hy this Deed of Trust may be o�tained 4each as required by the LJniform
<br /> Commercia! C�de} are as s�ated on the�rirst page o#this Deed of Trus#.
<br /> FURTHER ASSURANCES; ATTDRNEY-IN-FACT. Th� �o�iowing pro�isians relating to �urther assurances and
<br /> a�torney�in-�act are a part of this Deed vf Trust:
<br /> Further Assuran��s. A� any time, and from time to time, upon request vf Lend�r, Trusto�-will make, ex�cute and
<br /> deli�er, or wiff cause to he made, executed or de�i�ered, to Lender or ta Lender's designee, and when requested �y
<br /> Lender, cause to I�e fiied, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices
<br /> and pfaces as Lender may deem approp�iate, any and all such m�rtgages, deeds of trust, se�uri�y deeds, security
<br /> agreements, financing s�a�ements, continuation statements, ins�rumen�s of further assu�a�ce, certificates, and
<br /> other dvcuments as may, in the sole opinion of L�nder, be n�cessary ar desirable in order to e��ectuate, compfete,
<br /> perf�ct, continue, or preser�e �13 Trustvr`s abligativns under �h� Nvte, this Dee�! of Trust, and �he Rela�ed
<br /> []ocuments, and (2� �he liens and secu�ity interests �rea�ed by this Deed �f Trus� as fiirst and prior liens on the
<br /> Property, whether now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees t� the
<br /> contrary Fn writing, Trustor shall reimburse Lender fa� al� costs and expenses in�urred in connec�ion with �he
<br /> matters referred to in this paragraph.
<br /> A�torney-in�Fac#. I#Trustar faifs t� do any o�the things referred to �n the preced�n� pa�agraph, Lender may d❑ so
<br /> for and in the name o�Trus�or and at Trustor's expense. Fvr such purposes, Trustor hereby ir�e�ocably appo�nts
<br /> Lender as Trustor's attorn�y-in-fact fvr the purpose of making, ex�cufiing, deli�ering, �iling, recarding, and doing afl
<br /> other things as may b� necessary vr desirable, in Lender's sofe op�nion, to accomplish �he matters re��rred to in
<br /> the preceding paragraph.
<br /> FULL PERF�RMANCE. I�Trustor pays all the lndebtedness, including withou� limitation all future ad�ances, when due,
<br /> and otherwise perform� alf the ohligations imposed upan Trustor under this ❑eed vf Trust, Lender shal! execu�e and
<br /> deli�er to Trustee a request for ful� recon�eyance and shall execute and deli�e� t❑ Trustor suitable stat�men�s of
<br /> termination of any �inancing statem�nt on �ile e�idencing Lender's 5EGL11'f��l interest in the Rents and the Personal
<br /> Property. Any recon�eyance�ee required by law shalf he pa�d by Trustar, if permi��ed by appfi�ab�e la►nr.
<br /> EVENTS DF DEFAULT. Each of the fo��awing, at Lender's vption, shaff consti�ute an E�ent ❑f Default under this aeed
<br /> o�Trust:
<br /> Payment De�ault. Trustor�ails to make any payment when due unde�the �ndebtedness.
<br /> Qther Defaults. Trustor fai�s to comply wi�h or to perfvrm any othe� term, obligation, �o�enant or condi�ion
<br /> con�ained in this Deed of Trust or in any o� the Rela�ed Documents or t� comp�y with or �o perfiorm any term,
<br /> obligativn, co�enant ar�ondi�ion�ontained in any ather agreement between Lender and Trustar.
<br /> �ompliance Default. Faiiure ta cvmply with any �ther term, ohligation, cv�enant or c�ndit�on contained in this
<br /> ❑eed of Trust, �he Nate or in any o�the Related Dacuments.
<br /> Default on �ther Paymen#s. Failure vf Trustor w€thin the time required by this ❑eed of Trust to make any paym�nt
<br /> for taxes or insurance, o�any o�her payment necessa�y to pre�ent filing of ar�o effect discharge vf any lien,
<br /> Default in Fa�ar o#Third Parti�s, Shauld Gran�or defau[t under any Ivan, ex�ension of credit, security agre�ment,
<br /> purchase or sales agreem�nt, or any other agreement, in fa�ar o#any other credi�or or persan �hat may materia�fy
<br /> affect any of Grantor's prvperty or Gran�or's ability to repay the Indebtedness or Grantor's abi�ity to perform
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