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� � � � � ry� � � � DEED OF TRUST <br />Loan No: 9Q9233$25 (Continued) <br />Page 4 <br />the prior written cansent of Lender. Trustor shall neither request nor accept any future advances under any such security agreement <br />without the prior written cansent of Lender. <br />CONDEMNATIQN. The following provisions relating to condemnation proceedings are a part of this Deed af Trust: <br />Proceedings. If any proceeding in candamnation is filad, 7rustor shall promptly notify Lender in writing, and Trustor shall promptly <br />take such steps as may be necessary to dafend the actipn and obtain the award. Trustor may be 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 its own <br />chaice, and Trustor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested 6y <br />Lender from time to time to permit such participation. <br />Applicatibn of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding ar <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 Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of <br />all reasonable costs, expenses, and attorneys' fees incurred by Trustee nr Lender in connection with the condemnation. <br />IMPOSI7I�N OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHQRITIES. The following provisians relsting to governmental <br />taxes, fees and charges are a part of this Deed of Trust: <br />Current Taxas, Faes and Cherges. Upon request by l.ender, Trustor shall execute such documents in addition to this Deed of Trust <br />and take whatever other action is requested by Lender tp perfect and conEinue Lender's lien on th� Real Property. Trustor shall <br />reimburse Lender for all taxes, as described below, together with all expenses incurred in recarding, perfecting pr continuing this Deed <br />of Trust, inctuding without limitation all tazes, faes, documentary st8inps, and ofher charges for recording or registering this Deed of <br />Trust. <br />Taxes. The following shall constitute taxes to which this section applias: (1) a specific tax upon this type of peed of Trust or upon <br />all or any part of the Indebtedness secured by this Deed of Trust; (2) 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 Daed nf 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 made by Trustor. <br />Subsequent Taxes. If any tax to which this section applies is enacted 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 or all of its availa6le remedies tor an Event of Default as <br />provided below unless Trustor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the <br />Taxes and Liens s�ction and daposits wi[h Lander cash or a sufficient corporate 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 Agreament. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and <br />Lender shall have all of tha rights pf a secured party under the Uniform Commercial Code as emended from time to time. <br />Secuwity Interest. Upon request by Lender, Trustpr shall take whatever action is requested by l.ende� to perfect and continue Lender"s <br />security interest in the Personal Property. In addition to recording this Deed of Trust in the real property records, Lendar may, at any <br />time and without further authorization from Trustor, tile executed counterparts, copies or reproductions of this Deed of Trust as a <br />financing statement. Trustor shall reimburse Lender tor all expenses incurred in perfecting or continuing this security interest. Upon <br />default, Trustqr shall not remove, sever or detach the Personal property from the Property. Upon default, Trustor shall assemble any <br />Personal Property not affixed ta the Prpperty in a manner and at a place reasonably convenient to Trustor and Lender and make it <br />available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. <br />Addresses. The mailing addresses of Trustar ldebtor) and Lender lsecured party) from which inform&tion concerning the security <br />interest granted by this �eed of Trust may be obtained (each 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-FAC?. The following provisions relating to further assurances and attorney-in-fact are a part of <br />this Deed of Trust: <br />Further Assurances. At any time, and from time to time, upon request of Lender, Trusfor will make, execute and deliver, or will cause <br />to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be fiied, recorded, <br />refiled, ar rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all <br />such mortgBgeS, deeds af trust, SBCUrity deBds, security BgreBments, financing statements, continuation statements, instruments Of <br />further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necassary or desirable in prder to <br />effectuate, complete, perfect, continue, or preserve (1) Trustor's obligations under the Note, this Deed of Trust, and the Related <br />Documents, and (2) the liens and security interests created by this Deed of Trust on the Property, whether now owned or hereafter <br />acquired by Trustor. llnless prohibited by law or Lender agrees to the contrary in writing, 7rustor 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 purposes, Trustor hereby irrevocably appoints Lender as Trustor's attorney-in-fact for <br />the purpase pf making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's <br />sole opinion, to accomplish the matters referred to in the preceding paragraph. <br />FULL PERFORMANCE. If Trustor pays all the lndebtedness when due, and ptherwise performs all the obligations imposed upon Trustor <br />under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance 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 Property. Any reconveyance fee requirad by law shall be paid by Trustor, if permitted by applicable law. <br />�EFAULT. At Lender's optian, Trustor will be in defeult under this Deed of Trust if any of the following happen: <br />