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DEED OF TRUST <br />Loan NO: 776792 200302284 (Continued) Page 4 <br />No Modification. Truster shall not enter into any agreement with the holder of any mortgage, dead of trust, or other security agreement <br />which has priority over this Deed of Trust by which that agreement is modified, amended, extended, or renewed without the prior written <br />consent of Lender_ Truster shall neither request nor accept any future advances under any such security agreement without the prior wnften <br />consent of Lender. <br />CONDEMNATION. The following provisions relating to condemnation proceedings are a pad of this Dead of Trust: <br />Proceedings. If any proceeding in condemnation is filed, Truster shall promptly moldy Lender in writing, and Truster shall promptly take such <br />steps as may be necessary to defend the action and obtain the award. Truster may be the nominal parry 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 Truster 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 fallowing provisions relating to governmental taxes, <br />fees and charges are a pad of this Deed of Trust: <br />Current Taxes, Fees and Charges. Upon request by Lender, Truster 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 />far 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 stamps, and other charges for recording or registering this Dead 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 />pad of the Indebtedness secured by this Deed of Trust; (2) a specific lac on Borrower which Borrower is authorized or required to deduct <br />from 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 <br />Lender or the hostler of the Note; and (4) a specific tax on all or any portion of the Indebtedness or an payments of principal and interest <br />made by Borrower. <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, end Lender may exercise any or all of its available remedies for an Event of Default as provided below <br />unless Trustor either (1) pays the lax 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 fallowing provisions relating to this Deed of Trust as a security agreement are a pad <br />of this Dead of Trust: <br />Security Agreement. This instrument shall constitute a Secunly Agreement to the extent any of the Property constitutes fixtures, and Lender <br />shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. <br />Security Interest. Upon request by Lender, Trustor shall execute financing statements and take whatever other action is requested by <br />Lender to perfect and continue Lender's security interest in the Personal Property. In addition to recording this Deed of Trust in the real <br />property records, Lender may, at any time and without further authorization from Trustor, file executed counterparts, copies or reproductions <br />of this Deed of Trust as a financing statement. Trustor shall reimburse Lender for all expenses incurred in perfecting or continuing this <br />security interest. Upon default, Trustor shall not remove, sever or detach the Personal Property from the Properly. Upon default, Trustor <br />shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Trustor and Lender <br />and make it evellable to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. <br />Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which information concerning the security interest <br />granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this <br />Deed of Trust. <br />FURTHER ASSURANCES; ATTORNEY -IN -FACT. The following provisions relating to further assurances and aftorneytin -fact are a part of this <br />Deed of Trust: <br />Further Assurances. At any time, and from time to time, upon request of Lender, Trustor will make, execute and deliver, or will cause to be <br />made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, shied, or <br />rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate. any and all such mortgages, <br />deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, <br />certificates, and other Documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, <br />continue, or preserve (1) Borrower's and Truser's obligations under the Note, this Dead of Trust, and the Related Documents, and (2) <br />the liens and security interests created by this Deed of Trust on the Property, whether now owned or hereafter acquired by Trustor. Unless <br />prohibited by law oa Lender agrees to the contrary in writing, Trustor shall reimburse Lender for all casts and expenses incurred in <br />connection with the matters referred to in this paragraph. <br />Attorney-In-Fact. If Truster falls to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of <br />Truslor and at Truster's expense. For such purposes, Trustor hereby irrevocably appoints Lender as Truster's attorney -in -fad for the <br />purpose of making, executing, delivering, filing, recording, and doing all ether things as may be necessary or desirable, in Lender's sole <br />opinion, to accomplish the matters referred to in the preceding paragraph. <br />FULL PERFORMANCE. If Borrower pays all the Indebtedness, including without limitation all future advances, when due, and otherwise performs <br />all the obligations Imposed upon Truster under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and <br />shall execute and deliver to Trustor suitable statements of termination of any financing statement on file evidencing Lender's security interest in the <br />Rents and the Personal Property. Any reconveyance fee required by law shall be paid by Trustor, if permitted by applicable law. <br />EVENTS OF DEFAULT. At Lender's option, Trustor will be in default under this Deed of Trust if any of the following happen: <br />