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<br /> 201008512
<br /> DEED OF TRUST
<br /> Loan No: 122643 (Continued) Page 3
<br /> request from time to time to permit such participation.
<br /> Compliance With Laws. Trustor warrants that the Property and Trustor's use of the Property complies with all existing applicable
<br /> laws, ordinances, and regulations of governmental authorities.
<br /> Survival of Promises. All promises, agreements, and statements Truster has made In this Deed of Trust shall survive the execution
<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 /> 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 /> lake 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 not proceeds of the award be applied
<br /> to the Indebtedness or the 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 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 Lander, 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, 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 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 lax on this type of Deed of Trust
<br /> chargeable against the Lender or the holder of the Nate; and (4) a specific tax on all or any portion of 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 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 Truster either (1) pays the tax before It becomes delinquent, or (2) contests the lax as provided above 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 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, Truster shall take whatever action is requested by Lender to perfect and continue Lender's
<br /> security interest In the Personal Property. In addition to recording this Deed of Trust in the real property records. Lender may, at any
<br /> time and without further authorization from Trustor, file executed counterparts, copies or reproductions of this Deed of Trust as a
<br /> financing statement. Trustor shall reimburse Lender for all expenses incurred In perfecting or continuing this security Interest. Upon
<br /> default, Trustor shall not remove, sever or detach the Personal Property from the Property. Upon 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 /> available to Lender within throe (3) days after receipt of written demand from Lender to the extent permitted by applicable law.
<br /> Addresses. The mailing addresses of Truster (debtor) and Lander (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; ATTORNEY4N-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 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 statements, 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) Trustor's obligations under the Note, this Dead 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 Properly, 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 /> Attorney4n-Fact. If Trustor falls to do any of the things referred to In the preceding paragraph, Lender may do so for and to the name
<br /> of Trustor and at Trustor'o expanse. For such purposes, Trustor hereby irrevocably appoints Lender as Truster'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 Dead of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance 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 /> DEFAULT. At Lender's option, Trustor will be in default under this Deed of Trust if any of the following happen:
<br /> Fraud or Material Misrepresentation, Truster commits fraud or material misrepresentation In connection with the terms of the Note.
<br /> Payment Default. Truster fails to meet the repayment terms of the Note for any outstanding balance.
<br /> Other Defaults. Trustoes act or failure to act adversely effects Lender's security Interest in the Property, or any right of Lender's in
<br /> such security.
<br /> Right to Cure, If any default, other than a default in payment is curable and if Truster has not been given a notice of a breach of the
<br /> same provision of this Deed of Trust within the preceding twelve (12) months, It may be cured if Truster, after Lender sands written
<br /> notice to Trustor demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) if the cure requires more than
<br /> fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and
<br /> thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably
<br /> practical.
<br /> RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender
<br /> may exercise any one or more of the following rights and remedies:
<br /> Acceleration Upon Default; Additional Remedies. If any Event of Default occurs as per the terms of the Note secured hereby,
<br /> Lender may declare all Indebtedness secured by this Deed of Trust to be due and payable and the same shall thereupon become
<br /> due and payable without any presentment, demand, protest or notice of any kind, Thereafter, Lender may:
<br /> (a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and
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