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201007741 <br />DEED E7F TRUST <br />(Con�inued) <br />�age 4 <br />agreement which has priority over this I7eed ot Trust by which that agresment la madified, amerrded, extended, or rene+n+ed withaut <br />tt►e prior written cpnsent af Lender. Trustar shall nefther request nor accept any future advances under any such security apreemsnt <br />wfthout the priar written consnnt of Lender. <br />CONUEMNATIDN. "fhe fol�owing provlsions relat3ng to condemnation proceedings are a part of this Desd of Trus#: <br />Prace�dings. If any proceeding in candemnatlon is flled, Trustor sh�lf promptly natify �ender in writing; and Trustor shaii pr <br />take such steps as may be necessary to defend the action and obtaln the award. Truetor may be the nomir►a1 party In such <br />proceeding, but Lender shali be ent{tled ta participat:� in the proceeding and to be repr�sent�d In tha praceeding k�y counsei af ifs own <br />c�►caice, and Trustor will deliver or cause to be delivered to Lender such instrumenls and dncumerrtaiEo� as may be requestad by <br />Lender irom time ta fime #v permit such participation. <br />Appflcation of Net Pro�seds. If aii or any part af the Praperiy Is condemned by eminent domain prooeedings ar by any prnceeding nr <br />purchase In lieu af condemnatlon, Lender may at its election require th�t all or any portlon of the net praceeda of the award be applied <br />tv the ]ndebtednass pr ihe repair or restoratian af the Praperiy. TF,e net praceeds of the award shall mean the award after payment af <br />all reasonabl� cfls#s, expenses, and attnrneys' faes incurred by Trus6ee or Lsnder in connection with the candemnatian. <br />iMP031'TION DF TAX�S, FEES AIVD CHARG�5 BY GDYERHMEN7'AL AU'I"MORITfES. The foliqwing provisions relating ta government�l <br />taxes, fees and charges are a part of thls depd af 7'rust: <br />CurrersE 'Cax�s, Feac and Chargea. Upor� request by Lender, Trusfor shall execute such documents in addfilan to khis I�eed af �rust <br />and take whatever othor actian Is requested by Lender to perFsct and cantinue Lender's fien on the Raal Prop�rty. Trustor shatl <br />rel�nburse Lender far ail taxes, as d�scribed below, tagether with all expenses Incurred in recorditig, perFecting or continuing this Deed <br />of 7rust, inclucfing without Ifmftation all taxes, fees, documentary stamps, and other char�es for reaprding qr registering this beed nf <br />7rust. <br />Taxec. The fdllowfng shap constitute taxes ta which this section appiies: (1) a speciEc tax upan this type of Dead of Trust or upon <br />all or any part of fhe Indebtedness secured by this I]eed of "frust; (2) a specifin tax on Trustar which Trustar fs authoriaed or <br />raquired to deducf fram payments nn the IndebGedr�ess securBd by thls type of Daed of Trust; (3) a tax on th(s type of Dead af Trust <br />chargeable agafnst the Lender or the holdsr of the Credlt Agreement; end (a} a specific tax v� ali or any partlan nf the Indebtedness <br />ar on payment� af prinapal end int�rasf made by Trustor. <br />Subsequant Taxes. tf any tax tn wh€oh this section applies Is en�cted subsequent to the date af this peed of 7rust, this event shall <br />have •the sarna effeci as an Event af Defaulf, and Lehder may exerafse any or aU of its avaflabls remedies for an Event of Defaulf as <br />provided b�fow unless Trustvr either (9} pays the tax before it becnmes de(ir►quent, or (2) cpntests ths tax �s prpv9ded above in the <br />Taxes and Liens section and deposits with l.endsr cash ar a sufflciant oarparate surely bvnd or athe� securi#y safis�actory ta Lender. <br />$�CUR11Y AC3R�E�AEN"t'; �INANCING STATEMENTS. The toAowing pravisions relating ta thfs Deed of Trust as a sQCUrtfy agreement 8re a <br />par# ot this Deed of Trust: <br />Security A�emer�t. 'This instrumant shaA constitute a Security Agreement ta the extent any of the Property constitutes fixtures, and <br />Lender shaEl have a!I oT th� r9ghts of a aecured parfy under the Unlform Comrneraial Cade as amended from #ime to time. <br />Security Intereat. tlpnn request by E�nder, Trusbar shall take whatever act{vn is requested by Lender to perfeci and continue Lender's <br />security ir�terest in the Persanal Property. In additlon to reoordfng this peed a4 Trust (n the real property recards, G.endar may, at any <br />time and wifhaut further autharizatipn from Trustar, file executed counterparts, copies or reproductlons af thEs Deed af Trust as e <br />flnancing st�tement. Trustor shal� retmburse Lender for alE expehses incurred in perFecting or cvntinuing this a�cx�rity Interest. EJpon <br />de#ault, Trustor ehall not remove, sever ar detach the Pers�al Praperty frvm the Praperty. Up� defauR, Trustor shall assemble any <br />Personal Property not affixed to the Property in a mannsr and at a place reasan�hly convenient to Trustor and l.ender and make it <br />avaitabie to Lender wifhfn three (3) days after receipt af written demand from Lander tn the entent permit#ed by applica�la law. <br />Addressps. '1'he mallEng addresses c�+f Trustot (debtor) and Lender (secured party) from which information concernir� the security <br />'rnterest grented by this Dead nt Trust may be obtained (each as required by the Unifarm Comrnerclal Cade) are as atated on the first <br />paga of thfs Ueed of Trust. <br />FURTHER A&SEJRANGES; A7TaRN�'-IN-FACT. The following provisfons retatirtg to further assurances and atkvmey-in-fact are a p�rk pf <br />this l7eed af l"rust: <br />Furkher 14�surances. At any time, and from tirr�e to time, upon request of Lender, Trustor w111 make, execute and deliver, or wilE cause <br />to be made, executed vr deliversd, to Lender nr ta Lender's designee, srid when requast�d by Lender, cause ta be flled, raoorded, <br />r�flied, or rerecprded, as the oase may be, at such tfines and in such offices and plaoss as �ender rr�py d�em approprlate, any and all <br />such mortgeges, deeds of trust, security deeds security a�reeme�s flnancing statements, continuatipn statements, iristruments af <br />furtl�er assuran�, oartiflcates, anr! pthar dacuments aa mey, in the sole opin3o� of Lender, he necc�ssary nr desirabl8 in orcler to <br />efl`ectuatQ, complete, pertect, continue, or pr�serve (1) Trusto�'s obElgativns under the Credit Agre�ment, this 1',7�ed of Trust, and <br />the Relafed �ocumen#s, and (2) tl'te lians and securFty itaterests created by this Deed of Trus� an the Properfy, vrhether now owned <br />or herea?ter acquired by Trustor_ Unless prohibt�d by law or Lender agre�s to fhe contrary in writing, TrusEor shal! relmburse I..ender <br />fnr ap cqsts ant{ B�cpenses incurred ih connection with the metfers refsrred to in this paragraph. <br />Atlornay-In-Fact. If Trustnr fails to do any of the things referred to in the precading par�graph, Lender rrtay da sa fot and in the name <br />of Trustor and at 7rusta�'s e�rpense. For su�h purpases, Trustor hereby Irrevocabiy appofnts l..ender as 7rustoPs �ttam�y-in-fact for <br />the purpase of making, executina, delivertng, flling, recarding, and doing all other thfngs as may be nec�ssary nr deairable, ln Lende�'s <br />sole opinion, to accompiish the matters referred to in !he preceding paragraph. <br />FUL1. F'�RFORMANCE. If Trustor pays all the IndBbbadnass when due, terminetes the cr�dit line account, and ntherwise per�orms a!I the <br />obligations imposed upon Trustor under thfs Deed of Truat, Lender sh�ll axearte �nd deliver tp Trustse a request for full recarrveyance and <br />shall executs and deiiver to 7'rustor suitabte statementa of termination o�t any financing �tetem�r�t on flfe evid$ncing L.ende�'s sacuriry <br />irr#erest in the Rents and the Personal Property. Any reaonvsyanoe fee required hy l�wr shall be paid by Trustor, if permitted t�y applicabie <br />law. <br />