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<br />DEED OF TRUST
<br />(Continued)
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<br />200800168
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<br />Page 3
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<br />Defense af Title. Subject to the exception in the paragraph above, Trustor warrants and will farever defend the title to' the Property
<br />against the lawful claims of all persans. In the event any action ar praceeding is cammenced that questians Trustar's title ar the
<br />interest af Trustee ar Lender under this Deed af Trust, Trustar shall defend the action at Trustor's expense. Trustar may be the
<br />naminal party in such praceeding, but Lender shall be entitled to' participate in the proceeding and to' be represented in the praceeding
<br />by counsel of Lender's awn choice, and Trustor will deliver, or cause to' be delivered, to' lender such instruments as Lender may
<br />request fram time to' time to' permit such participation.
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<br />Campliance With Laws. Trustar warrants that the Praperty and Trustar's use af the Praperty camplies with all existing applicable
<br />laws, ardinances, and regulatians af gavernmental autharities.
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<br />Survival of Pramises. All pramises, agreements, and statements Trustar has made in this Deed af Trust shall survive the executian
<br />and delivery af this Deed of Trust, shall be cantinuing in nature and shall remain in full farce and effect until such time as Trustar's
<br />Indebtedness is paid in full.
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<br />EXISTING INDEBTEDNESS. The fallawing pravisians cancerning Existing Indebtedness are a part af this Deed af Trust:
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<br />Existing Lien. The lien of this Deed af Trust securing the Indebtedness may be secandary and inferiar to' an existing lien. Trustor
<br />expressly cavenants and agrees to' pay, ar see to' the payment of, the Existing Indebtedness and to' prevent any default an such
<br />indebtedness, any default under the instruments evidencing such indebtedness, or any default under any security dacuments far such
<br />indebtedness.
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<br />NO' Madificatian. Trustar shall nat enter intO' any agreement with the halder af -any martgage", deed af trust, ar ather security
<br />agreement which has priarity aver this Deed af Trust by which that agreement is madified, amended, extended, ar renewed withaut
<br />the prior written cansent af Lender. Trustor shall neither request nar accept any future advances under any such security agreement
<br />withaut the priar written cansent af Lender.
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<br />CONDEMNATION. The fallawing pravisians relating to' candemnation proceedings are a part af this Deed af Trust:
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<br />Proceedings. If any praceeding in candemnatian is filed, Trustar shall promptly natify Lender in writing, and Trustar shall pramptly
<br />take such steps as may be necessary to' defend the actian and abtain the award. Trustar may be the naminal party in such
<br />proceeding, but Lender shall be entitled to' participate in the praceeding and to be represented in the praceeding by caunsel of its awn
<br />chaice, and Trustor will deliver ar cause to' be delivered to' Lender such instruments and documentation as may be requested by
<br />Lender fram time to' time to permit such participation.
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<br />Applicatian af Net Praceeds. If all or any part of the Praperty is candemned by eminent damain praceedings or by any praceeding ar
<br />purchase in lieu af candemnatian, Lender may at its election require that all ar any partian af the net proceeds af the award be applied
<br />to the Indebtedness ar the repair ar restaratian af the Praperty. The net proceeds af the award shall mean the award after payment af
<br />all reasanable costs, expenses, and attarneys' fees incurred by Trustee ar Lender in cannectian with the candemnation.
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<br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The fallawing pravisians relating to governmental
<br />taxes, fees and charges are a part af this Deed af Trust:
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<br />Current Taxes, Fees and Charges. Upon request by Lender, Trustar shall execute such documents in additian to' this Deed of Trust
<br />and take whatever other actian is requested by Lender to' perfect and cantinue Lender's lien on the Real Praperty. Trustar shall
<br />reimburse Lender far all taxes, as described belaw, tagether with all expenses incurred in recarding, perfecting or cantinuing this Deed
<br />of Trust, including withaut limitatian all taxes, fees, dacumentary stamps, and ather charges far recarding or registering this Deed af
<br />Trust.
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<br />Taxes. The following shall constitute taxes to' which this sectian applies: (1) a specific tax upan this type af Deed of Trust ar upan
<br />all ar any part af the Indebtedness secured by this Deed of Trust; (2) a specific tax on Trustor which Trustar is autharized or
<br />required to' deduct fram payments an the Indebtedness secured by this type af Deed af Trust; (3) a tax on this type af Deed of Trust
<br />chargeable against the lender ar the halder af the Nate; and (4) a specific tax an all ar any partian of the Indebtedness ar an
<br />payments of principal and interest made by Trustar.
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<br />Subsequent Taxes. If any tax to' which this sectian applies is enacted subsequent to' the date af this Deed af Trust, this event shall
<br />have the same effect as an Event af Default, and Lender may exercise any ar all af its available remedies far an Event af Default as
<br />provided be law unless Trustar either (1) pays the tax before it becames delinquent, ar (2) cantests the tax as pravided abave in the
<br />Taxes and Liens section and deposits with Lender cash ar a sufficient corparate surety band ar ather security satisfactary to' Lender.
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<br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following pravisians relating to' this Deed of Trust as a security agreement are a
<br />part af this Deed of Trust:
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<br />Security Agreement. This instrument shall canstitute a Security Agreement to' the extent any af the Praperty canstitutes fixtures, and
<br />Lender shall have all af the rights af a secured party under the Unifarm Cammercial Cade as amended fram time to time.
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<br />Security Interest. Upan request by Lender, Trustar shall take whatever actian is requested by Lender to' perfect and cantinue Lender's
<br />security interest in the Persanal Property. In additian to' recarding this Deed of Trust in the real praperty recards, Lender may, at any
<br />time and withaut further autharizatian fram Trustar, file executed caunterparts, capies ar repraductians af this Deed of Trust as a
<br />financing statement. Trustor shall reimburse Lender far all expenses incurred in perfecting ar cantinuing this security interest. Upan
<br />default, Trustar shall not remove, sever ar detach the Persanal Praperty from the Praperty. Upan default, Trustar shall assemble any
<br />Persanal Praperty nat affixed to' the Praperty in a manner and at a place reasanably canvenient to' Trustar and Lender and make it
<br />available to' Lender within three (3) days after receipt of written demand fram Lender to' the extent permitted by applicable law.
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<br />Addresses. The mailing addresses af Trustar (debtar) and Lender (secured party) from which infarmatian cancerning the security
<br />interest granted by this Deed af Trust may be abtained (each as required by the Uniform Commercial Cade) are as stated an the first
<br />page af this Deed af Trust.
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<br />FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following pravisians relating to further assurances and attarney-in-fact are a part af
<br />this Deed af Trust:
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<br />Further Assurances. At any time, and fram time to' time, upan request af Lender, Trustar will make, execute and deliver, ar will cause
<br />to' be made, executed ar delivered, to' Lender ar to' Lender's designee, and when requested by Lender, cause to be filed, recarded,
<br />refiled, ar rerecarded, as the case may be, at such times and in such affices and places as Lender may deem apprapriate, any and all
<br />such martgages, deeds af trust, security deeds, security agreements, financing statements, continuatian statements, instruments af
<br />further assurance, certificates, and ather dacuments as may, in the sole apinian af lender, be necessary or desirable in arder to
<br />effectuate, camplete, perfect, cantinue, ar preserve (1) Trustar's abligations under the Nate, this Deed af Trust, and the Related
<br />Dacuments, and (2) the liens and security interests created by this Deed of Trust an the Praperty, whether naw awned or hereafter
<br />acquired by Trustar. Unless prahibited by law ar Lender agrees to' the cantrary in writing, Trustar shall reimburse Lender far all costs
<br />and expenses incurred in cannectian with the matters referred to' in this paragraph.
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<br />Attarney-in-Fact. If Trustar fails to' dO' any af the things referred to' in the preceding paragraph, lender may dO' sa far and in the name
<br />af Trustar and at Trustar's expense. For such purpases, Trustar hereby irrevacably appaints Lender as Trustar's attarney-in-fact far
<br />the purpase af making, executing, delivering, filing, recarding, and daing all ather things as may be necessary ar desirable, in Lender's
<br />sale apinian, to' accamplish the matters referred to' in the preceding paragraph.
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<br />FULL PERFORMANCE. If Trustar pays all the Indebtedness, including withaut Iimitatian all future advances, when due, and atherwise
<br />perfarms all the abligatians impased upan Trustor under this Deed af Trust, Lender shall execute and deliver to' Trustee a request far full
<br />recanveyance and shall execute and deliver to' Trustar suitable statements af terminatian af any financing statement an file evidencing
<br />lender's security interest in the Rents and the Persanal Praperty. Any recanveyance fee required by law shall be paid by Trustar, if
<br />permitted by applicable law.
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<br />EVENTS OF DEFAULT. At lender's aptian, Trustar will be in default under this Deed af Trust if any af the fallawing happen:
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<br />Payment Default. Trustar fails to' make any payment when due under the Indebtedness.
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<br />Break Other Pramises. Trustar breaks any promise made to' lender ar fails to perfarm pramptly at the time and strictly in the manner
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