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<br />DEED OF TRUST � � 1 � � g 1 4`�
<br />(Continued) �age 3
<br />by counsel of Lender's own choice, and Trustor will deliver, or cause to be deliverad, ta Lender such instruments as Lender may
<br />request from time to time to permit such participatian.
<br />Compliance With Laws. Trustor warrants that the Property and 7rustor's use af tha Property complies with all existing applicable
<br />laws, ordinances, and regulations of governmental authprities.
<br />Survivsl vf Representations and Warranties. All representations, warrantias, end agraements made by Trustor in this Deed of Trust
<br />shall survive the execution and delivery of this paed of Trust, shall be cpntinuing in nature, and shall remain in full force and effect
<br />until such time as Trustor's Indebtednass shalt ba paid in full.
<br />CpNDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust:
<br />Proceedings. If any proceeding in condemnation is filed, Truscor 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 reprasented in the proceeding by caunsel of its own
<br />choice, and Trustor will deliver or ceuse to ba dalivered 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 sny part of Che Property is condemned by eminant domain proceedings or by any proceeding or
<br />purchase in lieu of condemnation, l.ender may at its electipn require that all or any pqrtion of the net proceeds of the award be applied
<br />to the Indebtedness or tha 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 attprneys' fees incurred by Trustee or Lender in connection with the condemnation.
<br />IMPOS1714N 0� TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTMORITIES. The following provisions relating to govarnmental
<br />taxes, fees and charges are a part of this Deed of Trust:
<br />Current Taxes, Faas and Charges. Upon request by Lender, Trustor shall execute such documents in addition ta this Desd af Trust
<br />and take whatever other ac[ion is requested by to perfect and continue Lender's lien on tha Real propsrty, 'Truatp'r`shall
<br />reimburse Lender for all taxes, as d.escribed �eldw, tagethar with all'expenses incurred in recording, perfecting or'continuing thi5 Deed
<br />of 7rust, including without limitation all taxes, fees, documentary stamps„ and other charges for recording or registering this Deed of
<br />Trust.
<br />Taxes. The tollowing shall constitute texes 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 7rustor which 7rustor is authorized vr
<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 'pprtipn pf 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 pf this Deed of Trust, this event shall
<br />have the same effect as an Event of pafeult, and Lender may exercfse any or all of its available remedies for 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 sectipn and deposits with Lender cash or a sufficient corporate surety bond ar ather security satiafactary to Lender.
<br />SECUFil1'Y AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this l]eed af Trust as a sacurity agresment ere a
<br />part of this Desd of Trust:
<br />Sacurity Agraemant. This instrument shall constitute a Securiry Agreement to the extent any of the Property constitutas fixtures, and
<br />Lender shall have afl of the rights of a secured party under the Uniform Cammercial 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 ppntinue Lender's
<br />security interest in the Rents and Personal Property. In addition to recording this peed of Trust in the real prpperty recprds, Lender
<br />may, at any time and withvut further authorization from Trusior, file executed cpunterparts, copies or reproductions of this Deed 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, 7rustor shall
<br />assemble any Personal Proparty not affixed to the Prpperty in a manner and at a plape reasonably convenient to Trustor and Lender
<br />and make it available to Lender within three (3) days after recefpt pf written demand from Lender to the extent permitted by applicable
<br />I�w.
<br />Addresses. 7he mailing addresses nf Trustor (debtor) and Lender (secured party) from which information concerning the security
<br />interast granted by this Deed of Trust may pe obtained (each as required by the Uniform Commercial Code) are as stated on the first
<br />page of this Deed of Trust.
<br />FURTHER ASSURANCE5; ATTORNEY-IN-FACT. 7he following provisions relating to further assurances and attorney-in-fact are a part of
<br />this Deed of Trust:
<br />Furihar Assurances. At any time, and from time to time, upor� request of Lender, TrusSor 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 Lendar, cause to be filed,, recorded,
<br />refiled, or rerecorded, as the case may be, at such timea and in s,uch nffices and places as Lender may deam eppropriate, any and all
<br />such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, inslruments vf
<br />further assurance, certificates, and other documents as may, in the sqls opinion of Lender, be necessary or desira6le in order to
<br />effectuate, oomplste, perfect, continue, or preserve (1) Trustor's pbligations under the Note, this Deed qf 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 7rustor. Unless prohibited by law or Lender agrees to the contrary in writing, Trustor shall
<br />reimburse Lender for all costs and expanses incurred in connectian with tha matters referred to in this paragraph.
<br />Attorney-in-Fact. It 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 7rustor's expensa. For such purposes, Trustpr hereby irrBvqCably appoints Lender as Trustor's attorney-in-fact for
<br />the purppse 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 PERFpRMANCE. If Trustor pays all the Indebtedness when due, and otherwise performs all the obligetions imposed upon Trustor
<br />under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full recanveyance and shail execute and deliver to
<br />Trustqr auita6le statements of terminatipn 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 py Trustpr, if permitted by applicable law.
<br />EYENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed of Trust:
<br />Payment Default. Trustor fails to make any payment when due under the Inde6tedness.
<br />Other Defaults. Trustpr fails to comply with or to perform any other term, obligation, covenant or condition contained in this paed 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 Lendsr and Trustar.
<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 pocuments. „..
<br />Default on Other Payments, Failure of ; Trustor within the time required l�y thi� Deed vf Trust tv make a.ny payment, for, taxes or
<br />insurance, or any other payment necessery to prevent filing of pr to effect discharge pf any lien.
<br />Default ,in ,Fa�or of Third : Parties. Should. Grantor. default unde.r any loan, extension pf credit, security agreemenT, purchasa.ar. sales
<br />,agreement, or any other agreement, in favor of any other creditor or person that may materially af#ect any of Grantor's property or
<br />Grantor's ability to repay the Indebtedness or Grantor's ability ta perform Grantor's obligations under this Deed of Trust or any of the
<br />Related Documents.
<br />False 5tatements. Any warranty, representation or statement made or furnished to Lender by Trustor or an Trustor's behalf under this
<br />Daed of Trust ar the Related Documants 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.
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