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DEED OF TRUST 200207331 <br />Loan No: 774534 (Continued) Page 4 <br />CONDEMNATION. The following provisions mating to oondamnatinn proceedings era apart of this Deed of Trust <br />Proceedings- If any prnceeding in condemnation Is filed, Truster shall promptly notify Lender in writing, and Truster shall promptly <br />take such slops do Fincy be o a sary to defend the action and obtain the award Truster may he 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 Ifs own <br />choice, and Tm.tor will deliver or cause to be delivered to Lander each instruments and documentation as may be requested by <br />Lender (rem time to 5me to permit such participation. <br />Application of Net Proceeds. If all or any port of the Property is condemned by eminent domain proceedings or by any proceeding or <br />purchase In lieu of condemnation, Lander may at Its election requ ro that all or any portion of the net proceeds of the award be applied <br />at the Indebtedness or the repair or restoration of the Property. The not proceeds of the award shall mean the award after payment of <br />all reasonable costs, ...ynses, and attorneys' fees Incurred by Trustee or Lender In connection with the oondamnatien. <br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental <br />texas, teas and charges are a part of this Deed of Trust: <br />Current Taxes, Fees and Charges. Upon request by Lender, Truster shall assume le such discomforts In addition to this Deed of Trust <br />and take whatever other action is requested by Lender to perfect and continue Lender's lien on kite Rozl Property. Truster shall <br />reimburse Lender for 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 Decd of <br />Trust <br />Taxes. The following shall constitute tacos m which this section applies, (1) a specific tax upon this type of Dead of Trust or upon <br />all or any part of the Indebtedness s red by this Deed of Trust; (2) a specific tax on Truster which Truster is mrtherived or <br />tegnired to deduct from payments on the Indebtedness speared by this type of Dead of Trust; (3) a tax on this type of Decd 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 mad'. by Truster <br />Subsequent Taxes. If any tax to which this section applies is artad subsequent to the data of this Decd of Trust, this event shall <br />It the same affect a n Event of Detach, and Lender may e any or all of Its available remedies for an Event of Default is <br />provided below unlacs Truster either (1) pays the tax before It becomes dclinemult, m (2) contests the tax as provided above in the <br />Taxes and Liens section and depositre with Lander cash or a sufficient corporate surety bend or other security satisfactory to Lender. <br />SECURITY AGREEMENT; FINANCING STATEMENTS. [tic folleveld provisions relating to this Deed of Trust as a security agreement are o <br />park 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 <br />Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended Gum limn 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 <br />Trust in the real property records, Lender nay. at any time and without further authorization from Truster, file executed counterparts, <br />copies or reproductions of this Deed of Trust as a financing statement. Truster shall reimburse Lender for all expenses Incurred in <br />perfecting or reatinuing this security interest. Upon default, Truster shall not remove, most or detach the Personal Property from the <br />Property. Upon default Truster retoll assemble any Personal Property not affixed to tire Property in manner and at a place <br />reasonably convenient to Truster and Lender and make It available to Lender within three (3) days after reacto of written demand <br />from Lander to the extent permitted by applicable law. <br />Addresses. The mailing addresses of Truster (debtor) and Lender (secured party) from which information concerning the security <br />Interest gnu nad by this Deed of Trust may be obtained (each as required by the Unibunn Commemial Code) are as stated on the first <br />page of this Deed of Trust. <br />FURTHER ASSURANCES; ATTORNEY -IN -FACT. The following previsions relating to further assurances and attorney -in -fact are a part of <br />this Deed of Trust <br />Further Assurances, at airy time, and from time to time, upon request of Lender, Truster will risky, execute and deliver, or will cause <br />no be made, executed or delivered, to Lender er to I ender's deslgnee, and when requested by Longer, cause to be filed, r...road, <br />-filed, o corded, as the case may be at such Cru— and i,, such offices and planes as Lender may boomsappraprluto, any and all <br />uch mortgarges, dead, of trust, security deeds, security egrourients, flnane'mg statements, continuation statements, Instruments of <br />further a ortifivates, and .,her documents a may, In the sole spurner of Lauder, hen sary or desirable In order to <br />off coWnw, complete, perfmt munnue, or pms.rva (II Ti- evor's obligations antler the Note, this Door of Tmsq and the Related <br />Documents, and (2) the (lens and security Interests cruotud by this Dead of Trust as first and prior (lens on the Pmprr y, whether <br />navy retl or hereafter acquired by Truster, Unless prohibited by law or Lander agrees to the contrary in writing, Truster shall <br />reimburse Lender for oil costs and expenses Incurred In connection with the matters rebored to in this paragraph. <br />Attorney in -Fact. If Truster falls to do any of the things referred to in the preceding paragraph, Lender may do se for and in the name <br />of Truster and at Truster I, expense. For such purposes, Truster hereby traverses appoints Lender as Truster 's attorney -in -fact for <br />the purpose of making, areforuncep salivating, filing, recording, and doing all other things is rosy he necessary or desirable, In Lentler', <br />sole opinion, to a perrallsh the protons referred to in the .....died paragraph, <br />FULL PERFORMANCE. If Truster pays all the Indebtedness, including without Ilmlfaflon all future advances, when due, and otherwise <br />porters all the ohllgafions Imposed upon Truster under this Deed of Trust Loader shall execute and deliver to Trustee a request for lull <br />reconveyance and shall c a <br />cute nd m deliver Truster suitable statements of termination of any financing statement on file evidencing <br />Lender's security IMereer to the Rents and the Personal Property Any reconveyance tee required by law ,Loll be paid by Truster, If <br />permitted by applicable law, <br />EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Dead of Trust <br />Payment Default Irani- ratio to make any payment when due under the Indebtedness, <br />