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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 />