DEED OF TRUST
<br />Loan No: 34037 (Continued) Page 3
<br />W Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and
<br />Trustor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such `
<br />participation.
<br />Compliance With Laws. Trustor warrants that the Property and Trustor's use of the Property complies with all existing applicable laws,
<br />ordinances, and regulations of governmental authorities.
<br />Survival of Promises. All promises, agreements, and statements Trustor has made in this Deed of Trust shall survive the execution and
<br />delivery of this Deed of Trust, shall be continuing in nature and shall remain in full force and effect until such time as Trustor's Indebtedness
<br />is paid in full.
<br />CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust:
<br />Proceedings. If any proceeding in condemnation Is filed, Trustor shall promptly notify Lender in writing, and Trustor shall promptly take such
<br />steps as may be necessary to defend the action and obtain the award. Trustor may be the nominal party in such proceeding, but Lender
<br />shall be entitled to participate in the proceeding and to be represented In the proceeding by counsel of its own choice, and Trustor will
<br />deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit
<br />such participation.
<br />Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or
<br />purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the
<br />Indebtedness or the repair_ or restoration of the Property. The net proceeds of the award shall mean the award after payment of all
<br />reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lender in connection with the condemnation.
<br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes,
<br />fees and charges are apart of this Deed of Trust:
<br />Current Taxes, Fees and Charges. Upon request by Lender, Trustor shall execute such documents in addition to this Deed of Trust and
<br />take whatever other action Is requested by Lender to perfect and continue Lender's lien on the Real Property. Truster shall reimburse Lender
<br />for all taxes, as described below, together with all expenses incurred In recording, perfecting or continuing this Deed of Trust, including
<br />without limitation all taxes, fees, documentary' staff",' and other charges for recording or registering this Deed of Trust.
<br />Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon all or any
<br />part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Trustor which Trustor is authorized or required to deduct from
<br />payments on the Indebtedness secured by this type of Deed of Trust; (3) a tax on this type of Deed of Trust chargeable against the Lender'
<br />or the holder of the Note, and (4) a specific tax on all or any ;portion of the Indebtedness or on payments' of principal and interest made by
<br />Trustor.
<br />Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall have the
<br />same effect as an Event of Default, and Lender may exercise, any or all of its available remedies for an Event of Default as provided below
<br />unless Truster either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens
<br />section and deposits with Lender cash or a sufficient corporate' surety bond or other security satisfactory to Lender.'
<br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part
<br />of this Deed of Trust:
<br />Security Agreement. This instrument shall constitute a S
<br />shall have all of the rights of a secured party under the Uni
<br />Security Interest. Upon request by Lender, Trustor she
<br />Lender to perfect and continue Lender's security interest
<br />property records, Lender may, at any time and without furl
<br />of this Deed of Trust as a financing statement. Trustor
<br />security interest. Upon default, Trustor shall not remove,
<br />shall assemble any Personal Property not affixed to the F
<br />and make it available to Lender within three (3) days after
<br />Addresses. The mailing addresses of Trustor (debtor) and Lei
<br />granted by this Deed of Trust may obtained (each as requir
<br />Deed of Trust.
<br />FURTHER ASSURANCES; ATTORNEY4N- FACT. The following pi!
<br />Deed of Trust
<br />Further Assurances. At any time, and from time to time, upon
<br />made, executed or delivered, to Lender or to Lender's design#
<br />rerecorded, as the case may be, at such times and in such offici
<br />deeds of trust, security deeds, security agreements, financii
<br />certificates, and other documents as may, in the sole opinion of
<br />continue, or preserve (1) Trustor's obligations under the Not
<br />security interests created by this Deed of Trust as first and prio
<br />Unless prohibited by law or Lender ;agrees to the contrary in w
<br />connection with the matters referred to in this paragraph.
<br />Attorney-in-Fact. If Trustor fails to do any of the things refers(
<br />Trustor and at Trustor's expense, For such purposes, Trust
<br />purpose of making, executing, delivering, filing, recording, and
<br />opinion, to accomplish the matters referred to in the preceding Ft
<br />FULL PERFORMANCE, If Trustor pays', all the Indebtedness, inciuc
<br />all the obligations imposed upon Trustor under this Deed of Trust, Lei
<br />shall execute and deliver to Trustor suitable statements of terminatior
<br />Rents and the Personal Property. Any reconveyance fee required by
<br />EVENTS OF DEFAULT. At Lender's option, Trustor wail be in default
<br />Payment Default. Trustor fails to make any payment when due
<br />Break Other Provokes. Trustor breaks any promise made 't
<br />provided in this Deed of Trust or in any agreement related to thk
<br />Compliance Default. Failure to comply with any other term, of
<br />any of the Related' Documents. If such a failure is curable and t
<br />Deed of Trust within the preceding twelve (12) months, it may i
<br />sends written notice demanding cure of such failure: (a) cures
<br />(30) days, immediately initiates steps sufficient to cure the fallur
<br />sufficient to produce compliance as soon as reasonably practica
<br />Default on Other, Payments. Failure of Trustor within the time
<br />any other payment necessary to prevent filing of or to effect disc
<br />Default in Favor of Third Parties. Should Trustor default' i
<br />agreement, or any other agreement, in favor of any other creel
<br />ability to repay the Indebtedness or perform their respective obit
<br />False Statements. Any representation or statement made or
<br />or the Related Documents is false or misleading in any rrAterial
<br />roperty constitutes fixtures, and Lender
<br />ie to time.
<br />rhatever other action is requested by
<br />cording this Deed of Trust In the real'
<br />counterparts, copies or reproductions
<br />curved in perfecting or continuing this
<br />n the Property. Upon default, Trustor'
<br />ibiy, convenient to Trustor and Lender
<br />extent permitted by applicable law.
<br />Nation concerning the security interest'
<br />are as stated on the first page of this
<br />and attorney -in -fact are a part of this
<br />Execute and 'deliver, or will cause to be
<br />Luse to be filed, recorded, refiled, or
<br />propriate, any and all such mortgages,
<br />its, instruments of further assurance,
<br />order to effectuate, complete, perfect,';
<br />I Documents, and (2) the Liens and
<br />wned or hereafter acquired by Trustor.'
<br />for all costs and expenses incurred in
<br />er may do so for and in the name of
<br />r as Trustor's attomey -in -fact for the
<br />.essary or desirable, In Lender's sole
<br />m when due, and otherwise performs'
<br />ae a request for full reconveyance and
<br />encing Lender's security interest in the
<br />ad by applicable law,
<br />allowing happen:
<br />at the time and strictly in the manner
<br />)d in this Deed of Trust, the Nate or in
<br />' a breach of the same provision of thisl'
<br />have occurred) if Trustor, after Lender
<br />b) if the cure requires more than thirty !
<br />les all reasonable and necessary steps
<br />any payment for taxes or insurance, or
<br />,ecurity, agreement, purchase' or sales
<br />t anv of Trustor's oreoerty or Trustor's
<br />
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