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'' �� f �'" R'" �� DE�D OF TRUST <br />(Continuedl 2 4� U 0 9 0 3 3 Page 3 <br />either (1► the term of any applicable insurance policy; or (2) the remaining tefm of the Note; or (C) be treated as a balloon payment <br />which will be due and payable at the Note's maturity. The Deed of Trust also will secure payment of these amounts. The rights provided <br />for in this paragraph shall be in addition to any other rights or any remedies to which Lender may be entitled on account of any default. <br />Any such action by Lender shall not be construed as curing the default so as to bar Lender from any remedy that it otherwise would have <br />had. <br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership af the Prpperty are a part of this Deed of Trust: <br />Title. Trustor warrants that: (a) Trustor holds good and marketable title of record ta the Property in fee simple, free and clear of all <br />liens and encumbrancas other than those set forth in the Real Property description or in any titla in8uranCa p0licy, title report, or final <br />title opinibn issued in favor bf, and accepted by, Lender in connectipn with this Deed of Trust, and (b) Trustor has the full right, <br />power, and authori#y to execute and deliver this Deed af 7rust to Lender. <br />befense af Title. Subject tv #he exception in the paragraph above, Trustor warrants and will fprever defend the title ta the Property <br />against the lawful claims of all persons. In the avent any action ar proceeding is commanced that qusstions Trustor's title or tha <br />interest of Trustee or Lender under this beed of Trust, Trustor shall detBnd the action at Trustor's expense. Trustor may be the <br />nominal party in such proceeding, but Lender shall be entitled ta participate in the proceeding and to be represented in the proceeding <br />by counsel of �ender's own choice, and Trustor will deliver, or cause to be delivered, to Lender such ins[ruments as Lender may <br />request from time to time to permit such participation. <br />Compliance With Laws. Trustor warrants that Yhe Prpperty and Trustor's use of the Property complies with all sxisting applicable <br />laws, ordinances, and regulations of governmental autharities. <br />5urvival of Promises. All promises, agreements, and statements Trustor has made in this Deed of Trust shall survive the execution <br />and delivery of this �eed 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 />CONpEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust: <br />Proceedings. If any proceeding in condemnatibn is filed, Trustor shall promptly nptify 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 dacumentation as may be raquestad 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 6y eminent domain proceedings br by any proceeding or <br />purchase in lieu of condemnation, Lender may at its election require that all pr any pprtion of the net proceeds of the award be applied <br />to the Indebtedness vr the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of <br />all reasona6le costs, expenses, and attorneys' fees incurred by Trustee or Gender in connectipn with the condemnatipn. <br />IMPOSITION OP 7AXES, FEES AND CHARGES 8Y GOVERNMENTAL AUTHQRITIES. The fpllowing provisions relating #o governmental <br />taxes, fees and charges are a part of this Deed af Trust: <br />Currant Taxes, Fees and Charges. Upon request by Lender, Trustor shall execute such documents in addition to this aeed of Trust <br />and take whetevBr other action is requestad by Lender ta perfect and cor}tinue l.ender'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 typs pf Desd of Trust or upon <br />all or any part of the Indebtedness secured by this Deed of 1'rust; (2) a specific tax on 7rustar which 7rustor is authorized or <br />required to deduct from payments on the Indebtedness secured by this type of beed of 7rust; (3) a tax on this type of Deed of 7rust <br />chargeable against the Lender vr the holder of the Note; and (4) a specific tax on al! or any portion of the Indebtedness or on <br />payments of principal and interest made by Trustpr. <br />Suhsequant 7axas. 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 Trustor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided a6ove in the <br />Taxes and Liens section and deposits with Lander cash or a sufficient corporate suretq 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 5ecurity Agreemen# ta the extent any pf the Prpparty constitutes fixtures, and <br />Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended frnm time to time. <br />Security Interest. Upon request by Lender, Trustor shall take whataver action is requssted by Lender tv 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 �eed of Trust as a <br />financing s[atement. Trustor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interes[. Upon <br />default, Trustor shall not remove, sever or detach the Personal Property from the Property. llpon default, Trustor shall assemble any <br />Personal Proper[y not affixed to the Property in a manner and at a place reasonably convenient to Trustor and Lender and make i[ <br />available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by spplica�le law. <br />Addrasses. The mailing addresses of Trustor (de6tor) and Lender (secured partyl 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 Trus#. <br />FURTHER ASSURANCES; A7TdRNEY-IN-FACT. The following provisions relating to fur[her assurances and attorney-in-fact are a part of <br />this peed 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 />rafilad, or rerecorded, as the case may be, at such times and in such offices and places as �ender may deem appropriate, any and all <br />such mortgages, deeds of trust, security deeds, security agreemen#s, 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, �on[inue, or preserve (1) Trustar's .ol�ligations under the Note, thi8 Deed of Trust, and the Related <br />Documents, and (2) the liens and security interests created by this beed nf 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 connectian with the matters referred to in this paragraph. <br />Attorney-in-Fact. If Trustor fails to do any of the ihings referred to in the preceding paragraph, Lender may do so for and in the name <br />of 7rustor 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 tha matters referred to in the preceding paregraph. <br />FULL PERFORMANCE. If Trustor pays all the Indebtedness when due, and otherwisa parforms all the abligations imposed upon Trustor <br />under this Deed 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 finencing statement on file evidencing Lender's security interest in the Rents and the <br />Personaf Property. Any reconveyance fee required by law shall be paid by Trustor, if permitted by applicable law. <br />EVENTS OF pEFAULT. At Lander's aption, Trustor will be in default under this Deed of Trust if any of the following happen: <br />Payment Default. 7rustor fails to make any payment when due under the Indebtedness. <br />Break Other Prvmises. Trustor breaks any promise made to Lender or fails to perform promptly at the time and strictly in the manner <br />� <br />