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DEED OF TRUST 2 � i O ��� 7� <br />Loan Na: 4p19154 (Continued) Page 4 <br />and delivery of this Deed of Trust, shall be continuing in nature and shall remain in full force and effect until such time as Trustor's <br />Indebtedness is paid in full. <br />EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Dead of Trust: <br />Existing Lien. The lien of this Deed of Trust securing the Indebtedness may be secondary and inferinr tn the lien securing payment of <br />an existing obligation. The existing obligation has a current principal balance of approximately $173,000.00. The obligation has the <br />following payment terms: 51,622.0� per Month. Trustor expressly covenants and sgrees to pay, or see to the payment of, the <br />Existing Indebtedness and to prevent any default on such indebtedness, any default under the instruments evidencing such <br />indebtedness, or any default under any security documents for such indebtedness. <br />No Modification. Trustor shall not enter into any agreement with the holder of any mortgage, deed of trust, or other security <br />agreement which has priority over this Deed of Trust by which that agreement is mpdified, amended, extended, pr renewed without <br />the prior written consent of Lender. Trustor shall neither request nor accept any future advances under any such security agreement <br />without the prior written consent af l,ender, <br />CONqEMNATION. The following provisions relating to condemnation proceedings are a part ot this Deed of "Crust: <br />Proceedings. If any proceeding in condemnation is filed, Trustor shall promptly notify Lender in writing, and Trustnr shell promptly <br />take such steps as may be necessary ta defend the action and obtain the award. Trustor may be the nominal party in such <br />proceeding, 6ut Lender shall be entitled to par[icipate in the prviceeding and ta be represented in the proceeding by counsel of its own <br />choice, and Trustor will deliver or cause to be delivered to Lender such instrumenta and documentatipn as may be requested by <br />Lender from time to time ta permit such participation. <br />Application of Net Proceeds. If all or any part of the Property is condemnad by eminent domain proceedings or by any proceeding or <br />purchase in lieu of condemnation, Lender may at its electipn require that aii or any portion of the net proceeds of the award be applied <br />to the Inde6tedness or the repair or restoration of the Property. The net prpcesds af the awerd shell mesn the award after payment of <br />all reasonable casts, expenses, and attorneys' fees Incurred by Trustee or Lender in connection with the condemnation. <br />IMPOSITIDN OF 7AXES, FEES AND CHARGES BY GUVERNMENTAL AUTMpRITIES. 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. Upan request 6y Lender, Trustor shali execute such documents in addition to this peed of Trust <br />and take whatever other action is requested by Lender to pertect and continue Lender's lien on the Real Prqperty. Trustor shall <br />reimburse l.endar for all taxes, as described below, together with all expenses incurred in recording, perfecting or cqntinuing this Deed <br />pf Trust, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of <br />Trust. <br />Taxss. 7he fotlowing stl�lf"�ritvCe�� w�ich thia section.appli�s: 41) a spacaitic tax uppR tkNS type p€.�ea[i pf Trust or upon -°^> <br />all or any part of ths Indabtednass secured by this peed of Trust; 12) a specific tax on Trustor which 1"rustor is authprized 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 of Trust <br />chargeable against the Lender or the holder of the Credit Agreement; and (4► a specific tax on all or any portipn of the Indebtadness <br />or on paymants ot principal and intsrest made by Trustor. <br />Subsaquent Tpxes. 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 available remedies for an Event of Default as <br />provided below unless Trustar either (1) pays the tax before it becomes delinquent, or (2) contests the tax as pravided above in the <br />Taxes and Liens section and deposits with Lender cash pr a sufficient corporate surety bond or other security satisfactory to Lender. <br />SECURITY AGREEMENT; FINANCING STATEMEIYTS. The following provisions relating to this Deed of 7rust as a security agreement are a <br />part 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 af the rights of a secured party under the Uniform Commercial Code as amended from time to time. <br />Sacurity Interest. Upon request by Lender, Trustor shall take whatever acCion is requested by Lender to perfect and continua Lander's <br />security interest in the Personal Property. In addition tp recording this Deed of Trust in the real property records, Lender may, at any <br />time and without further authprixation from Trustor, file executed counterparts, copies or reprpductions of this Deed of Trust as a <br />financing statement. Trustor shall reimburse Lender for all expenses incurred in perfscting or continuing this security interest. Upon <br />default, Trustor shat) not remove, sever or detach the Personal Property trom the Properiy. Upan default, Trustor shall assemble any <br />Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Trustor and Lender and make it <br />availa6le 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 7rustor (debtor) and Lender (secured party) from which information concerning the security <br />interest granted by this Deed 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-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of <br />this Deed ot 'Trust: <br />Further Assurpnces. At any time, and from time to time, upon request of Lender, Trustor 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 filed, recorded, <br />refiled, or 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 mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation atatements, instruments of <br />further assurance, 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 (1) Trustar's obligations under the Credit Agreement, this Deed of Trust, and <br />the Related Documents, and (2) the liens and security interests created 6y this Deed of Trust on the Property, whether now owned <br />or hereafter acquired by Trustor. Unless prohibited 6y law or Lender agrees to the contrary in writing, Trustpr shall reimburse Lender <br />for all costs end expenses incurred in cpnnection with the matters referred to in this paragraph. <br />