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<br /> DEED OF TRUST 201007964
<br /> (Continued) Page 3
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<br /> ,Compliance Wlth..Laws. •;Trustor. warrants.,that; the,Property,end.Trustor's, use-, of, 0e, Property cplnpli_gs with, all, existipg applicable
<br /> laws, ordinances, and regulations of'governmental authorities.
<br /> Survival,,pf Representations and,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: end effect
<br /> until. such time as Trustor's Indebtedness,shall.be paid in full.
<br /> CONDEMNATION. The following provisions relating to'condemnation proceedings are a part of this Deed of Trust:
<br /> Proceedings. If any proceeding in condemnation 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 /> proceeding, 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 Trustor 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 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 or the repair or restoration of the Property, The net proceeds of the award shell mean the award, after payment of
<br /> all reasonable costs, expenses, and attorneys' 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 Dead of Trust:
<br /> Current Taxes, Fees and Charges. Upon request by Lender, Trustor shall execute such documents in addition to this Dead 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 without limitation all taxes, tees, 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 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 Deed of 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 truifor.
<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 /> hove the same effect as an Event o.f' Default, 'and Lender m'ay exercise any or all of'Its'available remedies for an Event of' Default as
<br /> proyidad below unless Trustor'either . (1) pays'the.tax before it becomes delinquent, or 12) contests the 'tax 'as provided abovd in the
<br /> 1 axes 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 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 Agreement to the extent 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 action is requested by Lender to perfect and continue Lender's
<br /> security interest in the Rents and Personal Property, In addition to recording this Dead of Trust in the real property records, Lender
<br /> may at any time and without further authorization from Trustor, file executed counterparts, copies or reproductions of this Dead of
<br /> Trust as a financing statement. Trustor shall reimburse 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 Personal Property 'not affixed to the Property in a manner and at a place reasonably convenient to Trustor and Lender
<br /> and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable
<br /> n law:.
<br /> Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which information concerning the 'security
<br /> interest granted by this Dead 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 Trust:
<br /> Further Assurances. At anytime; 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 /> Oiled, 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 assurahc'e,- certificates',' and other documents: as may,, in, the'sole opinion of Lender,' be necessary 'or,desirable-in order to
<br /> effectUbte; '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 as first and,prior'liens on the'Property;.whether
<br /> now owned or hereafter acquired' by Trustor: Unless prohibited by law or Lender agrees to the contrary In writing„ Trustor shall
<br /> reimburse Lender for all costs 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 purpose of 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 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 reconvoyance 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 required by law shall be paid by Trustor, if permitted by applicable law.
<br /> EVENTS OF DEFAULT. Each of the following, at Lender's option, ahall cons'titut4 an Event`of Default under this Deed of Trust:
<br /> Payment Default. Trustor fails to make any payment when due under the Indebtedness.
<br /> Other Defaults. Trustor falls to comply with or to perform any other term, obligation, covenant or condition contained in this Deed of
<br /> Trust or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any
<br /> other agreement between Lender and Trustor.
<br /> Compliance Default, Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note
<br /> or in any of the Related Documents.
<br /> Default on Other Payments, Failure of Trustor within the time required by this Deed of Trust to make any payment for taxes or
<br /> ins,yrapce, or any other payment necessary to prevent filing of or to effect discharge of any lien.
<br /> Defoult•in:Fovor of Third Parties,,;: Should Grantor default under any.loan, extens,ign,of cradit,.•security,agraoment,. purchase„or sales
<br /> agreemento or, any other agreement, :in favor pf-any other creditor .or person that. may materially affect any of .C,rantgr,'s ,pr9j?prty or
<br /> Grantor's ability to repay the Indebtedness or Grantor's ability, to perform, Grantor's obligo,,Vons. uncfer,.this Dead.pf:,Trust gr,,any;of the
<br /> ,Related Documents.
<br /> r False Statements: ,Any warranty, representation or, statement made or furnished to,Lender by-Trustor or on Tru,stp,r's ,behalf,pnder this
<br /> Deed of Trust or the Related Documents is. false or, misleading in any material respect, either now or. at, the. time•.made,or,furnished or
<br /> becomes false or misleading at any time thereafter,
<br /> Defective Collate ralization. This Deed of Trust or any of the Related Documents ceases to be in full force and effect (including failure
<br /> of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason.
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