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DEED �F TRUST 2 010 0 7 7 S 7 <br />(Continued) Pa9e 4 <br />by counsel of Lender's own choice, and Trustor will deliver, or cause to be delivered, to Lender such instruments as Lender may <br />request from time to time to permit such participation. <br />Complianca With Laws. Trustor warrants that the Property and Trustor's use of the Property complies with sll existing applicable <br />laws, ordinances, and regulations of governmental �uthorities. <br />Survival af Representations �nd Warranties. All representations, warranties, and agreements made by Trustor in this Deed of Trust <br />shall survive the execution and delivery of this deed of Trust, shall be continuing in nature, and shall remain in full force and effect <br />until such time as 7rustor's Indebtedness shalf be paid in full. <br />CONDEMNATION. The following provisions relating to condemnatian proceedings are a part of this Deed of 7rust: <br />Proceedings. If any proceeding in condemnation is filed, Trustor shall promptly notify Lender in writing, and 7rustor 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 />proceeding, but Lender shall 6e entitled to participate in the proceeding and to be represented in the prpceeding by counsel of its own <br />choice, and Trustor witl deliver or cause to 6e delivered ta Lender such instruments and documentetion as may be requested by <br />Lender fram time to time #o permit such participation. <br />Application of Net Proceeds. If all or eny part of the Property is condemned by aminent domain 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 Indebtedness nr the repair or restoration of the Property. The net proceeds of the award shall mean the aw�rd after payment of <br />all reasonable casts, expenses, end attorneys' fees incurred by Trustee or Lender in connection with the candemnation. <br />IMPOSITIpN OF TAX�S, FEES AND CHARGES BY' GOVERNMENTAL AUTHORITI�S. The following pravisipns relating to governmental <br />taxes, fees and charges are a part of this Deed of Trust: <br />Current Taxes, Fees and Gharges. Upon request by Lender, Trustor shall execute such dacuments in addition to this Deed of Trust <br />and take whatever other action is requeated by Lender tv perfect and cantinue Lender's lien on the Real Prpperty. 7rustor shall <br />reimburse Lendar for all taxes, as described belaw, together with all expenses incurred in recording, perfecting or cantinuing this Deed <br />of Trust, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of <br />Trust. <br />Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon <br />all vr any part of the Indebtedness sacured 6y this peed of Trust; (21 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 nf 7rust <br />chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portivn of the Indebtedness or on <br />payments of principal and interest made 6y Trustar. <br />Subsequent Taxes. If any tax to which this section applies is enacted subsequent to tha date of this Deed of Trust, this event shall <br />have ths same effect as an Event of I]afault, and Lender may exercise any or all of its available remedies for an Event of Default as <br />provided below unlsss Trustor eithar (1) pays the tax before it becomes delinquent, or (2) contests tha tax as provided abvve in the <br />Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. <br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisians relating to this Deed of 7rust as a security agreement are a <br />part of this �eed of Trust: <br />Security Agreement. This instrument shall constitute a Security Agreement to the sxtent any of 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 actipn is requested by Lender to perfect and continue Lender's <br />security interast in the Rents and Personal Property. In addition tp recording this Deed of Trust in the real property records, Lender <br />may, at any tima and without further authorizatian from 7rustor, file executed counterparts, enpies or reproductions pf this Deed of <br />Trust as a financing statement. Trustor shall raimburse Lender for all expenses incurred in perfecting or continuing this security <br />interest. Upon default, Trustor shall not remove, sever or detach the Personal property from the Property. Upon default, Trustor shall <br />assemble any Perspnal Property not affixed to the Property in a manner and at a place reasonably convenient to TrusTor and Lender <br />and make it availeble to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applica6le <br />law. <br />Addrasses. The mailing addresses of Trustor (debtor► and Lender (secured party) from which information concerning the security <br />interast granted by this �eed of Trust may be obtained (each as required hy the Uniform Commercial Code) are as stated on the first <br />page of this Deed of Trust. <br />FURYH�R ASSURANC�S; ATTORNEY-IN-FAC7. 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, Trustor will make, execute and deliver, or will cause <br />to he made, executed ar delivered, to Lender or to Lender's designae, 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 statements, instruments of <br />further assurance, certificates, end other documents as may, in the sole opinian of Lender, be necessary or desirable in order to <br />effectuate, complete, perfect, continue, or preserve (1) Trustar's obligations under the Note, this Deed of Trust, and the Related <br />Dvcuments, and (2) the liens and security interests created by this beed of Trust as first and prior liens on the Property, whether <br />now owned ar hereafter acquired by Trustor. Unless prohibited by law ar Lender agrees to the contrary in writing, Trustor shall <br />reimburse l.ender for all costs and expenses incurred in connection with the matters refsrred 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. Fvr such purpvses, 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 mey be necessary or desirable, in Lender's <br />sole opinion, ta sccomplish the matters referred to in the preceding paragraph. <br />