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;-. <br />DEED OF TRUST 2 O 1 ~ ©G H 9 G <br />Loan No; 101234221 (C~ntinued) Page 4 <br />CONDEMNATION. The fnllowing provisions relating #n ppndemnation proceedings are a part of this Deed of Trust: <br />Proceedings. If any proceeding in condemns#ion is filed, Trustor shall promptly notify Lender in writing, and Trustor shall promptly <br />take such steps as may be necessary to defend the action and obtain the award. Trustor may be the nominal party in such <br />propeeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own <br />choice, and Truster will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by <br />Lender from time to time to permit such participation. <br />Application of Net Proceeds. If all or any part of the Property is condemned by eminent dpmain proceedings or by any proceeding or <br />purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied <br />to the Indeb#edness pr the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of <br />all reasonable casts, expenses, and a#tnrneys' fees incurred by Trustee or Lender in connection with the condemnation. <br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental <br />taxes, fees and charges are a part of this Deed of Trust: <br />Current Taxes, Fees and Charges. Upon request by Lender, Trustor shall execu#e suph dpcumen#s 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 the Real Property. Trustor 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 wi#hpu# limi#ation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of <br />Trust. <br />Taxes. The following shall cons#i#ute taxes to which this section applies: 111 a specific tax upon this type of Deed of Trust or upon <br />all or any part of the Indebtedness secured by this Deed of Trust; l21 a specific tax on Trustor which Trustor is authorized or <br />required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (3) a tax on this type of Deed pf Trust <br />chargeable against the Lender or the holder of the Note; and 141 a specific tax on all or any portion of the Indebtedness or on <br />payments of principal and interes# made by Trustpr. <br />Subsequent Taxes. If any #ax to which #his sec#inn applies is snap#ed subsequent to the date of this Deed of Trust, this event shall <br />have the same effect as an Event of Default, and Lender may exercise any nr all of i#s available remedies for an Event of Default as <br />provided below unless Trustor either 111 pays the tax before it becomes delinquent, or 121 contests the tax as provided above in the <br />Taxes and Liens section and deposits with Lender cash or a sufficien# cprpprate surety bond or other security satisfactory to Lender. <br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a <br />part of this Deed of Trust: <br />Security Agreement. This instrument shall constitute a Security Agreeman# tp the exten# any pf the Property constitutes fixtures, and <br />Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time, <br />Security Interest. Upon request by Lender, Trustor shall take whatever ac#ion is requested by Lender to perfect and con#inue Lender's <br />security interest in the Personal Property. In addition to recording this Deed of Trust in the real property records, Lender may, at any <br />time and without further authorization from Trustor, file executed counterparts, copies or reproductions of this Deed of Trust as a <br />financing statement. Trustor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon <br />default, Trustor shall no# remove, sever pr detach the Personal Property from the Property. Upon default, Trustor shall assemble any <br />Personal Property not affixed #o the Prpperty in a manner and at a place reasonably convenient to Trustor and Lender and make it <br />available to Lender within three 131 days after receipt of written demand from Lender to the extent permitted by applicable law. <br />Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which information concerning the security <br />interest granted by this Deed of Trust may be obtained leach as required by the Uniform Commercial Code) are as stated on the first <br />page of this Deed of Trust. <br />FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of <br />this Deed of Trus#: <br />Further Assurances. At any time, and from time to #ime, uppn request pf Lender, Trustpr will make, execute and deliver, or will pause <br />to be made, executed or delivered, to Lender or to Lender's designee, and when regstes#sd by Lender, cause to be filed, recorded, <br />refiled, nr rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropria#e, any and atl <br />such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation s#atements, instruments of <br />further assuranpe, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to <br />effectuate, complete, perfect, continue, or preserve 11) Trustor's obligations under the Nate, this Deed of Trust, and the Related <br />Documents, and 121 the liens and security interests created by this Deed of Trust on the Property, whe#her npw owned pr hereafter <br />acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writing, Trustor shall reimburse Lender for all costs <br />and expenses incurred in connection with the matters referred to in this paragraph. <br />Attorney-in-Fact. If Trustor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name <br />of Trustor and at Trustor's expense. For such purppses, Trustor hereby irrevocably appoints Lender as Trustor's attorney-in-fact for <br />the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary nr desirable, in Lender's <br />sple ppinipn, to accomplish the matters referred to in the preceding paragraph. <br />FULL PERFORMANCE. If Trustpr pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Trustor <br />under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full recpnveyanpe and shall execute and deliver to <br />Trustor suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the <br />Personal Prpperty. Any recpnveyance fee required by law shall be paid by Trustor, if permitted by applicable law. <br />DEFAULT. At Lender's option, Trustor will be in default under this Deed of Trust if any of the following happen: <br />Fraud or Material Misrepresentation. Trustor commits fraud or material misrepresentation in connection with the terms of the Note. <br />Payment Default. Truster fails to meet the repayment terms of the Note fnr any outstanding balance. <br />