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200207232 DEED OF TRUST <br />Loan ND: 774264 (Continued) Page 4 <br />Indebtedness r the repair p restoration of me Property. The net proceeds of the award anal mean the award after payment of all <br />reasonable coati, expenses, and attorneys' fees incurred by Trustee or Lender m connection with the condemnation. <br />IMPOSITION OF NUCES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, <br />lees and charges are a pad of Deed of Trust <br />Current Tm[es, Fees and enarges. Upon request by Lender, Trustor 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 Lenders lien On the All Property. Truster shall reimburse Lender <br />for all taxes, as described below, together with all expenses incurred In recording, perfecting Of continuing this Deed of Trust, Including <br />without limitation all taxes, fees, documentary stamps, and other charges far recording or registering this Dead of Trial. <br />Taxes. The following shall constitute taxes to which this section applies: (1) a scandal lax upon this type of Deed of Trust or upon all or any <br />part of the indebtedness secured by this Dead of Trust; (2) a specific tax on Borrower which Borrower Is authorized Or required to deduct <br />from payments on the Indebtedness secured by this type of Deetl of Trull; (3) a tax on this type of Dead of Trust chargeable against the <br />Lender or the holder of the Note; and (4) a spttiflc tax on all or any portion of the Indebtedness or on 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 tins event shall nave the <br />same effect as an Event of DelaulL and Lender may exercise any or all of its available remedies for an Event of Default as provided below <br />ass Truer either (1) pays the tax before it becomes delinquent or (2) contests the tax as provided above in the Taxes and Liens <br />unless <br />non and appeals with Lender assn or a sulfipient corporate surely bond or other security satisfactory to Lender. <br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following previsions relating to this Deed of Trust as a security agreement are a pad <br />of this Deed of Land. <br />Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Properly constitutes fixtures, and Lender <br />shall have all of the rights of a secured party under the Uniform Commercial Cade as amended from time t0 time. <br />Security lal¢resL Upon request by Lender, Fusion shall execute Loading statements and take whatever other action Is requested by <br />Lender to perfect and confuse 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 Trustor, 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 Oerarding Or <br />continuing this security Interest Upon default Trustor shall not remove, cover or detach the Personal Property from the Property. Upon <br />default, Trustor shall assemble any Personal Property not affixed to the Property In a manner and at a place reasonably convenient to Truslor <br />and Lender and make it available to Lender within three (3) days attar mceds Of written demand from Lender to the extent permitted by <br />applicable law. <br />Addresses- The matilog addresses of Tru fir (debtor) and Lender (secured pane) from which lomrmanon concerning the security Interest <br />granted by this Dead of Trust may be obtained (each as required by the Uniform Commercial Code) are as slated on the first page of this <br />Deed of Trust. <br />FURTHER ASSURANCES: ATTORNEY -IN -FACT. The fallowing provisions relating t0 further assurances and attorney -in -fact are a pad of this <br />Deed of Trost <br />Further Assurances. At any time and from time to time, upon request of Lender, Trustor all make, execute and deliver, or will cause to be <br />made, executed or delivered, to Lender or to Lenders designee, and when requested by Lander, cause to be filed recorded retired, 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 bust security documents e security in the sole o (romaine statements, vessary continuation d statements, er to a act of assurance, <br />entinue, o end lone. (1) B o as may, in the sole color of Lender, t be eery Deed of Trust, in other IP effectuate Docments, complete. perfect, <br />ignnnns or preserve p) Borrowers and thus olof Trust under an prix foie Deed of Truer arty the Related w owned she aft <br />ce time and security mess prohibited by this Deed of Trust as nth and poor liens On the Progeny, whether now owned all osts nd <br />acquired by Trustor_ unless pn Alnd o by law or Lender agrees to c the contrary In writing, Truslor shell reimburse Lender for all costs and <br />expenses incurred In OOnneG9on wnh Ne matters referred to in this paragraph. <br />Allorneytinfacl. If Trader fails to do any of the things reaued to in the preceding paragraph, Lender may de se for and In the name of <br />Truslor and at Tmslor a expense For Such purpos s, Truslor hereby irrevocably appoints Lender as Truster'& amaneytirHacl for the <br />purpose of making, executing, dellverme, filing, recording, and doing all Other things as may be necessary or desirable, In Lender's sole <br />opinion, to accompll¢h the matters referred to in the preceding paragraph. <br />FULL PERFORMANCE. If Borrower pays all the Indebtedness, mundane without limitation all future advances, when due, and otherwise rehouse <br />all the obligations Imposed upon Truster under this Used Of Trust tender shall execute Find delver to Trustee a request for roll mconveyanee and <br />shall execute and deliver to Trustor suitable statements of termination of any financing statement on file evidencing Lender's security Interest if the <br />Rents and the Personal Property' Any mconveyano¢ fee required bylaw shall be paid by Trustor, If permusid by applicable law. <br />EVENTS OF DEFAULT. Each of the following, at Lender's option, shell constitute an Event of Default under this Deed of Trust: <br />Payment Detaull. BorrowerfallstomakeanypaymentwhendueunderNeIndebtedness <br />- <br />Other Defaults. Borrower or Taylor falls to Comply with or to perform any Other term, obligation, covenant or complain contained In this <br />Deed of Trust or In any of the Related Documents 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 comply with any other term, obligator, covenant Or condition contained In this Dead of Trust, the Note or In <br />any of the Reacted Documents. If such a failure is curable and it Borower or Trustor has not been given a notice of a breach Of same <br />provision of this Deed of Trust within the preceding twelve (12) months, it may be cured (and no Event of Default will have Occurred) it <br />Borrower Or Trader after Lender sends written notice demanding cure of such failure: (a) Oulas NB failure within fifteen (15) day6 or Is) it <br />the cure requires more than fifteen (15) days, Immediately Initiates steps sufficient to cure the failure and thereafter ontinues and completes <br />all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical <br />