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DEED OF TRUST <br />200207015 <br />Loan No: 1545508 (Continued) Page 3 <br />purchase In lieu of condemnation, Lender may at Its election require that all or any polTan of the net proceeds of award be applied to the <br />Indebtedness or the repair or rostomaan of the Property. The net proceeds of the award shall mean me award after payment of an <br />reasonable costs. expenses, and attorneys lees Incurred by Trustee or Lender In connection with the condemnation. <br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AWWRITIES. The following provisions relating to governmental taxes, <br />leas and ohi am a part of this Deed of Trust: <br />Current Trues, Fees and Charges. Upon request by Lender, Trader shall execute such documents in addition to this Dead of Trust and <br />take whatever other action is requested by Lender to parted and continue Lender's lien on the Real Properly. Tmslor shall reimburse Lender <br />for all taxes, as described below, together with all expenses Incurred in recording, perfecting or continuing this Dead of Trust, including <br />without limitation all lazes, Pass, documentary stamps, and other charges for recording or registering this Dead of Trust. <br />Tues. The following shall constitute taxes to which this section applies: (1) a sped0c lax upon this type of Deed of Toil or upon all or any <br />pad of the Indebtedness secured by IM1IS Dead of Trust; (2) a spedfic to on Truster which Truster is aulhomed or required to deduct from <br />payments on the Indebtedness secured by this type On 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 lax on all or any portion of the Indebtedness or on payments of principal and interest made by <br />Truster. <br />Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the dale of the Deed OF Trust, this event shall have the <br />same effect as an Event of Default, and Lender may ueRise any m all of its available remedies for an Event of Default as provided below <br />unless Truster either (1) pays the lu 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 surely bond or other security satisfactory to Lender. <br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to UIS Dead of Trust as a security agreement are a pad <br />of this Dead of Trust: <br />Security Agreement. This instrument shall conslitute a Securlly Agreement to the extent any of the Property constitutes fixtures, and Lender <br />shall have all of the lights of a secured party under the Uniform Commercial Code as emended 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 Lenders security Interest In the Personal Property. In addition to recording this Deed of Trust in the real <br />property records, Lender may at any flme and without further Mihorlratlon from Tmslor, Ills exttNed counterparts, copies or reproductions <br />of this Deed of Trust as a financing statement. Truster shall reimburse Lender for all expenses Incurred in per %cllrg or continuing this <br />security interest Upon default, Trustor shall not remove, sever Or detach the Personal Property from the Property. Upon default Tmslor <br />shell assemble any Personal Property not affixed to the Properly In a manner and at a place reasonably convenient to Truster and Lender <br />and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. <br />Addressem. The mailing addresses Of Truster (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 />Dead of Trust <br />FURTHER ASSURANCES; ATTORNEY- 114FACT. The following provisions relating to further assure rmor and altomey -In -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 Lenders designee, and when requested by Lender, cause to be filed recorded refiled, 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 stelemorms instruments of further as <br />cerAficates, and other documents as may, In the sole opinion of Lender, be necessary or desirable In order to effectuate, complete, <br />continue, or preserve (1) Tustor's obligations under the Note, this Deed of Trust, and the Related Documents, and (2) the (lens and <br />security interests created by this Deed of Trust as first and prior bens on the Property, whether now owned or hereafter acquired by Trustm. <br />Unless prohibited by few or Lender agrees to the contrary In writing, Tour r shell reimburse Lender for all costs and expenses Incurred In <br />connection with the matters rekned to In this paragraph. <br />Allorney -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 />Tmslor and at Trustor 'a expense. For such purposes, Trustor hereby Irrevocably appoints Lender as Trustor's attorney -In -fact for the <br />purpose of making, executing, delivering, Piing, recording, and doing all other things es may be necessary or desirable, in Lenders sole <br />opinion, to accomplish the mailers released to in the preceding paragraph <br />FULL PERFORMANCE. If Tmslor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Truster under <br />this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to Truster suitable <br />statements of termination of any financing statement on he evidencing Lender's security interest in the Rents and the Personal Property. Any <br />moonveyance fee required by law shall be paid by Truster, If permilletl by applicable law. <br />EVENTS OF DEFAULT. Al Lender's opliory Truster will be In default under this Deed of Trust it any of the following happen: <br />Payment Default. Truster fails to make any payment when due under the Indebtedness. <br />Break Other Promises. Truster breaks any promise made to Lender or fails to perform promptly at the time and strictly In the manner <br />provided In this Deed of Trust of in any agreement related to the Deed of Trust. <br />Compliance Default. Fellow to comply with any other term, obligation, covenant Cr condition centered In this Deed of Trust, the Note or in <br />sumcient To produce commerce as soon as reasonably practical. <br />Default on Other Payments. Failure of Toiler within the time required by this Dead Of Trust to make any payment for lazes or Insurance, or <br />any other payment necessary to prevent filing of or to effect discharge of any lien. <br />Damon M Favor of Third Parties. Should Truchas default under any loan, extension of credit, security agreement, purchase or sales <br />agreement, or any other agreement, In favor of any ether creditor or person that may materially affect any of Truelers property or Trusters <br />ability to repay the Indebtedness or perform their respective obligations under this Deed of Trust of any of the Related Documents. <br />False Statements. Any representation or statement made or furnished to Lender by Truslor or on Trustor 'a behalf under IMS Deed of Trust <br />or Ibe Related Documents is false or misleading In tiny materiel respect, either now or at the time made or fumished. <br />Not Colblerallaallon. This Deed of Trust or any of the Related Documents ceases to be in lull force and effect (including failure of any <br />collateral document to create a valid and perfwled security Interest or Ilan) at any time and for any reason. <br />Death or Insolvency. The death of TrUl the insolvency of Trustar, the appointment of a receiver for any part of Trustor '9 property, any <br />assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or <br />Insolvency laws by or against Trustar. <br />Taking of the Property. Any creditor or governmental agency tries to take any of the Property or any other of Trustors properly In which <br />Lender has a Ilan. This Includes taking of, garnishing of or levying on Trustor's accounts with Lender. However, it Toiler disputes in good <br />faith whether the claim on which the taking of the Properly Is based Is valid or reasonable, and II Trustor gives Lender written notice of the <br />claim and fiewsbes Lender with monies or a surely bond satisfactory to Lender to satisfy the claim, then this default provision will not apply. <br />Breach of Other Agreement. Any breach by Truster under the terms of any other agreement between Trustor and Lender that is not <br />remedied within any grace period provided therein, including without limllation any agreement concerning any indebtedness or other <br />obligation of Truslor to Lender, whether existing now or later. <br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser surety, or accommodation party <br />of any of the Indebtedness or any guarantor, endorser, surely, or accommodation party dies or becomes Incompetent, at revokes of disputes <br />the validity of, or liability under, any Guaranty of the Indebtedness. In the event of a death, Lender, at Its option, may, but shall not be <br />