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p O�b2 (PEED OF TRUST <br />Login No: 777092 _ ` q <br />- pl{��3 (Continued) Page 4 <br />shall survive the execution and delivery of this Deed of Trust' shall be continuing in nature, and shall remain in full force and effect <br />until such time as Trustor's Indebtedness shall be paid In full. <br />EXISTING INDEBTEDNESS. Th. following Provisions concerning Existing Indebtedness are a part of this Deed of Trust: <br />Existing Lien. The lien of this Deed of Trust securing the Indebtedness may be secondary and inferior to an existing lien. Trustor <br />expressly covenants and agrees to pay, or sec to the payment of, the Existing Indebtedness and to prevent any default on such <br />indebtedness, any default under the instruments evidencing such indebtedness, or any default under any security documents for such <br />indebtedness, <br />No Modification. Truster shall not enter into any agreement with the holder of any mortgage, deed of trust, or other security <br />agreement which has priority over this Deed of Trust by which that agreement is modified, amended, extended, or renewed without <br />the prior written consent of Lander. Trustor shall neither request nor accept any future advances under any such security agreement <br />without the prior written consent of Lander. <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 Truster shall promptly notify Lender in writing, and Trustor shall promptly <br />take such steps as may be necessary to defend the action and obtain the award Truster may be the nominal party in such <br />proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own <br />choice, and Truster will deliver o r cause to be delivered to Lender such instruments and documentation as may be requested by <br />Lender from time to time to permit 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 <br />to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of <br />all 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 <br />taxes, fees and charges are a part of this Deed of Trust: <br />Current Taxes, Fees and Charges. Upon request by Longer, Trustor shall execute such documents in addition to this Deed of Trust <br />and take whatever other action is requested by Lender to perfect and cantlnue Lender's lien on the Real Property. Trustor shall <br />reimburse Lender far all taxes, as described below, together with all expenses incurred in recording. perfecting or continuing this Deed <br />of Trust Including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of <br />Trust. <br />Taxes. The following shall constitute taxes to which this section applies: fit a specific lax upon this type of Deed of Trust or upon <br />all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Trustor which Trustor is authurcied or <br />required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (3) a tax oa this type of Deed of Trust <br />chargeable against the Lender or the holder of the Note: and (4) a specific tax on all or any portion of the Indebtedness or on <br />payments of principal and interest made by Truster. <br />Subsequent Taxes. If any tax to which this section applies Is enacted subsequent to the data of this Dead of Trust, this event shall <br />have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as <br />provided below unless Trustor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the <br />Taxes and Liens 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 <br />part of this Dead of Trust: <br />Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, And <br />Lender 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 wherever Other action is requested by <br />Lander to perfect and continue Lender 'a security Interest in the Rents and Personal Property. In addition to recording this Deetl of <br />Trust in the real property records, Lander may, at any time and without further authorization from Trustor, file excenox! counterparts, <br />copies or reproductions of this Deed Of Trust as a financing statement. Trustor shall reimburse Lender for all expenses incurred in <br />perfecting or continuing this security interest. Upon default, Trustor shall not remove, sever or detach the Personal Property from the <br />Property. Upon default, Trustor shall assemble any Personal Property not affixed to the Property in a manner and at a place <br />reasonably r. ent to Trustor and Lender and make It available to Lender within three (3) days after receipt of written demand <br />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 <br />interest granted by this Deed of Trust may be obtained leach as required by the Uniform Commercial Code) are as stared On the first <br />page of this Deed of Trust. <br />FURTHER ASSURANCES: ATTORNEY -IN -FACT. The following provisions relating TO further assurances and attorney -in -fact are a part of <br />this 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 <br />to be made, executed or delivered to Lender or to Lender's designee, and when requested by Lender, cause to be tiled recorded, <br />rattled, or rerecorded, as the case may her at such times and in such offices and places as Lender may deem appropriate, any and all <br />such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, Instruments of <br />further a umnce, certificates, and other documents a may, in the sale opinion of Lender, be necessary or desirable In order to <br />effectuates complete. perfect, continue, or preserve (1) Trustni s nhligations under the Note, this Deed of Trust, and the Related <br />Documents, and 12) the liens and security interests created by this Deed of Trust as first and prior liens On the Property, whether <br />now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary In writing, Trustor shall <br />nombu se Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. <br />