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r1 .: <br />2b 0�'4 2 6 5 DEED OF TRUST <br />Loan No: 777198 (Continued) - Page 4 <br />Compliance With Laws. Truster warrants that the Property and Truster's use of the Property complies with all existing applicable laws, <br />ordinances, and regulations of governmental authorities. <br />Survival of RepresenWians and Warranties. Al representations, warranties, and agreements made by Truster in this Dead of Trust shall <br />survive the execution and delivery of this Dead of Trust, shall be continuing in nature, and shall remain In full force and after until such time <br />as Trusters Indebtedness shalt be paid In full. <br />CONDEMNATION. The fallowing provisions relating to condemnation proceedings are a pad of this Deed of Trust: <br />Proceedings: If any proceeding In condemnation is filed, Truster shall promptly notify Lender in writing, and Truster shall promptly take such <br />steps as may be necessary to defend the action and obtain the award. Truslor 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 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 pad 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 efforneys' 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 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 Lander <br />for all fixes, 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 Deed of Trust. <br />Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Dead of Trust or upon all or any <br />part of the Indebtedness secured by this Deed of Trust; (2) a specific lax on Truster which Truster is authorized or required to deduct from <br />payments on the Indebtedness secured by iMs 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 Nate; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by - <br />Truster. <br />Subsequent Taxes. If any fax 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 en 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 band or other security satisfactory to Lender. <br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Dead of Trust as a security agreement are a pad . <br />of this Deed of Trust: <br />Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lander . <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, Truster shall execute financing statements and take whatever other action is requested by <br />Lender to perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Deed of Trust in <br />the real property records, Lender may, at any time and without further authorization from Truster, file executed counterparts, copies or <br />reproductions of this Deed of Trust as a financing statement. Truster shall reimburse Lender for all expenses incurred In perfecting or <br />continuing this security interest. Upon default, Truster shall not remove, sever or detach the Personal Property from the Property. Upon <br />default, Truster shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Truster <br />and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by <br />applicable law. <br />Addresses. The mailing addresses ofTrustor (debtor) and Lander (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 - INTACT. The fallowing provisions relating to further assurances and attorney -In -fact are a pad of this <br />Dead of Trust <br />Further Assurances. At any time, and from time to time, upon request of Lender, Truster will make, execute and deliver, or will cause to be <br />made, executed or delivered, to Lander or to Landers designee, and when requested by Lender, cause to be filed, recorded, afraid, 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) Trusters obligations under the Note, this Deed of Trust, and the Related Documents, and (2) the liens and <br />security interests created by this Deed of Trust as first and prior liens on the Properly, whether now owned or hereafter acquired by Truster. <br />Unless prohibited by law or Lender agrees to the contrary in writing, Truster shall reimburse Lander for all casts and expenses incurred in <br />connection with the matters referred to in this paragraph. <br />Attorney-in-Fact. If Truster fails to do any of the things referred to in the preceding paragraph, Lender may do so for and In the name of <br />Truster and at Truster's expense. For such purposes, Truster hereby irrevocably appoints Lender as Truster's aftorney-in -fact for the <br />purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lenders sole <br />opinion, to accomplish the maders referred to in the preceding paragraph. <br />FULL PERFORMANCE. If Truster 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 Truster suitable statements of termination of any financing statement on file evidencing Lender's security interest in the <br />