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DEED OF TRUST <br />Loan No: 1551209 200207135. (Continued) Page 3 <br />but Lender shell be emoted to parmcnata in the proceeding and to be represented In the proceeding by counsel of Lenders own choice, and <br />Trustor will deliver, or cause to be delivered, to Lender such instruments as Lender may request nom time to lime to permit such <br />participation. <br />Compliance With Laws. Truster Warrants that the Property and Trusters use of the Property complies with all existing applicable laws, <br />ordinances, and regulations of governmental authorities. <br />Survival of liepres arrallons and Werranlles. NI ropresenlellons, warranties, and agreements made by Truster In this Deed 01 Trust shall <br />be the execution and delivery of this Deed of Trust, shall be continuing In nature, and shell remain In lull force and effect until such time <br />as Borrower's Indebledness shell be paid In full. <br />CONDEMNATION. The lallcoun g provisions relating to condemnation proceedings are a pad 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. Truslor may be the nominal party in such proceeding, but Lender <br />shall be entitled 10 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 instrument and documentation as may he requested by Lender nom lime 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 coded of the net proceeds of the award be applied to the <br />indebtedness Cr the repair or Medici of the Property. The net proceeds of the award shell 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 annua ens relating to governmental taxes, <br />Pay and charges are a part of this Deed of Trust'. <br />Current Taxes, Fees and Charges. Upon request by Lentler, Truster shall execute such documents In eddllion In this Deed of Trust and <br />lake whatever other action is requested by Lender to perfect and perdue Lender's Ilan on the Reel Properly. Trustor shall reimburse Lender <br />for all taxes, as described below, together with all expenses incurred in recording. Pedecttng or continuing this Dead of Trust including <br />without limitation all taxes, leas, documentary stamps, and other charges for recording or creating IMS Deed 01 Trust, <br />Taxes. The following shall conslilute taxes to which this sacllon applies: (I) a specific tax upon this type of Deed of Trust or upon all or any <br />pad of the Indebledness secured by this Deetl of Trust', (2) a specific tax on Borrower which Borrower Is autm ied or enquired to deduct <br />nom payments an the Indebtedness secured by this type Of Deed of Trust; (3) A lax on this type 01 Oretl of Trust chargeable against the <br />Lender or the holder of the Note; and (0) a specific tax on all or any portion of the Indebtedness or on payment 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 Dead of Trust, this event shell have the <br />me effect as an Event of Delaull, and Lender may exercise any or all of 15 available remedies for an Event of Default as provided below <br />unless Truster either (1) pays the lax before II becomes delinquent, or (2) contests the lax as provided above In the Taxes end Liens <br />section and deposit With Lender cash or a sufficient corporate surety bond Cr other security seXSfaclory to Lender. <br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Dean of Trust as a securlty agreement are a pad <br />of this Deed of Trust <br />Seaudty Agreement. This instrument shall constitute a Security Agreement to the extent any of the Properly conslomes fixtures, and Lender <br />shall have all of the rights of a secured party under the Uniform Commercial Code as emended from time to lime. <br />Security Interest. Upon request by Lender, Trustor shall execute financing statement and lake whatever other Fiction IS requested by <br />Lender to perfect and continue Lender's security interest in the Rents and Personal Property, In sel lllOn to recording this Dead of Trust in <br />the real property records, Lender may at any time and without former aulhorireuan from Tmsmq ale executed counlerpars, copies or <br />reproductions Of this Deed of Trust as a financing statement. Truslor shall reimburse Lender for all expenses Incurred in perfecting <br />conllnuing this security Interest. Upon default Trustor shall nod remove, sever Cr detach the Personal Property from the Properly. Upon <br />default Truster Shall assemble any Personal Property nor affixed to the Properly in a manner and at a place reasonably convenient to Turner <br />and Lender antl make if available to Lender word three (3) days after receipt Or written demand from Lender to the extent permitted by <br />applicable few. <br />Addresses. The malldng addresses of Truster (debtor) and Lender (secured party) from Which information concerning the security Interest <br />granted by this Dead of Trust may be obtained (each as required by the Uniform Commercial Code) are as staled on the lirsl page of this <br />Deed of Trust. <br />FURTHER ASSURANCES; ATTORNEY - INTACT. The following Provisions binding to further assurances and altemay-InJaG are a part OI this <br />Dead of Trust: <br />Further Assunntes. At any time, and from time to time, upon request of Lentler, Truslor will make, Saud a and deliver, or will cause to be <br />more, executed or Centered, to Lender Cr IC Lender's designee, and when requested by Lender. cause IC be tied, recorded, refitd, Of <br />rider as the case may be, at such times and In such offices and places as Lender may deem eppmpnate, any and all such mortgages, <br />dees of bust, security deeds, security agreement, financing statement, confinuation statement, instrument of further assurance. <br />continue, or Or prey elrve documents as may, in the <br />Borrower's and Trusborrt obligations Under thee Noteethis Deed of Tend, and that Related Document, and (2 perfect, <br />the liens and security Interests created by this Dead Of TN51 on the Property, whether now Owned or hereafter acquired by Truslor. Unless <br />prohibited by few or Lender agrees to the contrary in writing, Truster shall reimburse Lender for all casts and expenses Incurred In <br />nnection with the matters referred to In this paragraph. <br />Attorney- lo-Fmt. If Trustor fails In do any of the things referred 10 In the Peps ing paragraph, Lender may do so for and In the name of <br />Trustor and at Trusters expense. For such purposes, Trustor hereby irrevocably appolnh Lender as Twenty attorney IIII for the <br />purpose of making, executing, delivering, mina recording, and doing all other things as may be necessary Cr 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 when due, and Otherwise performs all the obligations imposed upon Trustor under <br />this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconv¢yance and shall execute and deliver to Trustor suitable <br />SUt menls of termination of any Unerring statement on Ille eviderreirg Lender's security Interest In the Rents and the Personal Property. Any <br />e <br />yance we required by law shell be paid by Turner, it permitted by applicable law. <br />EVENTS OF DEFAULT. Each of the following, at Lender's Collor, shell constitute an Event of Default under this Deed of Trust: <br />Payment Default. Borrower fails to make any payment when due under the Indebtedness. <br />Other Delaulle. Borrower or Trustor (ells to comply with or IC perform any other term obligation, covenant or Condition contained In this <br />Dead of Trust or in any of the Related Document or to comply with or to perform any term, obligation, covenant or condition contained in <br />any other agreement between Lender and Borrower or Trustor. <br />Compliance Default. Failure to cmnply with any other term, Obligation, covenant or condition contained In this Dead of Trust, the Note or in <br />any of the Related Documents. If such a failure Is curable and if Borrower or Truster has not been given a notice of a breach of the same <br />provision of this Dead of Trust within the practical twelve (12) months, it may be cured (and no Event of Default will have occurred) if <br />Borrower or Tmeoo after Lender sends written nonce demanding cure of such failure: (a) CUMS the failure within fifteen (15) days i or (b) If <br />the cure requires more than fifteen (I5) days, Immediately Initiates steps sufficient to pure the failure and lhereanx continues and completes <br />all reasonable and necessary steps sufficient to produce compliance as soon as masonabdy practical. <br />Default on Other Payments. Failure of Truster within the time required by this Deed of Trust to make any payment for taxes or Insurance, or <br />any other payment necessary to prevent fro ng of or to effect discharge of any Ilan. <br />Default In Favor of Third Parties. Should Borrower or any Truster default under any (pan, extension of credit security agreement purchase <br />or sales agreement, or any other agreement in favor of any other creditor Cr person that may materially affect any of Trusters property Cr <br />Borrowers Cr any Truster's ability to repay the Indebtedness or perform their respective obligations under this Dead of Trust or any of the <br />