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� <br />DEED OF TRUST <br />� � , � _ (Continued) <br />� <br />�����9��� Page 3 <br />nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding <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 ta 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 Trustar has made in this Deed of Trust shall survive the execution <br />and delivery of this Dead 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 />CONb�MNATION. 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 actipn and obtain th� award. Trustor may be the nominal party in such <br />proceeding, but Lender shall ba sntitled 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 6e requested by <br />Lender from time to time to permit such participation. <br />AppliGdtiGn.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 partion of the net proceeds of the award be applied <br />to the Indehtedness or the repair pr restoration af 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 7rustee or Lender in connection with the condemnation. <br />IMPpSITIQN Qp TAXES, FEES AND CMARGEB BY GOVERNMENTAL AUTHORITI�S. The following provisions relating ta governmental <br />taxes, fees and charges are a part of this Deed af Trust: <br />Current Taxes, Fees and Charges. Upon request by Lender, Trustor shall execute such documents in addition to this Deed of Trust <br />and take whatever other action is requested by Lender to pertect and continue Lender's lien on the Real Property. 7rustar shall <br />reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, pertecting or cqntinuing this Deed <br />of Trust, including without limitation all taxes, fees, documentary stamps, and other charges for recording pr registering this Deed of <br />Trust. <br />Taxes. The foilowing shall constitute taxes to which this sectipn applies: (1) a specific tax upon this type nf Deed of Trust or upon <br />all or any part of the Indebtedness secured by this �eed of Trust; (2) a specific tax pn Trustor which Trustor is authorized or <br />required to deduct from payments on the Ind�btedness secured by this type of �eed 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 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 Trustor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the <br />Taxas and l.iens 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 �eed of Trust: <br />Security Agreement. This instrument shall constltute 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 pertect and continue Lender's <br />security interest in the Personaf 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 cour►terparts, copies or reproductions ot this Deed of Trust as a <br />financing statement. Trustor shall reimburse Lender for all expenses incurred in pertecting 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 />Perspnal 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 three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. <br />Addresses. The mailing addresses of Trustor (debtor) and Lender (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) ara as stated pn the first <br />page of this Deed of Trust. <br />FURTHER ASSIIRANCES; ATTORNEY-IN-FAGT. The fpllowing provisions relating tp further assurances and attorney-in-fact are a part of <br />this Deed of Trust: <br />Further Assurances. At any time, and frpm time to time, upan request of Lender, Trustor will make, execute and deliver, or will cause <br />to be made, executed or delivered, ta Lender or to Lender's designee, and when requested by Lender, causa ta be filed, recarded, <br />refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lander 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 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. Unlass prphibited by law or Lsnder 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, Far such purposes, Trustor herehy irrevocably appoints Lender as Trustor's attorney-in-fact for <br />the purpose of making, executing, delivering, filing, recording, �nd doing all other things as may 6e necessary or desirable, in Lender's <br />sole opinion, to accomplish the matters referred ta in the preceding paragraph. <br />FUI.L PERFORMANCE. If Yrustor pays all the Indebtedness, including without limitation all future advances, when due, and otherwise <br />pertorms all the obligations imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full <br />reconveyance and shall execute and deliver to 7rustar suitak�le statements of termination of any financing statement on file evidencing <br />�ende�'s seec�ity�ir�te��eat : in-the iRent� and �hc Rersvnah Property. Rrry fee reqaired' H�i 1�fW sFia71"6ie paid by 1" u�s�or, i� _-- ._._..._._ <br />permitted by applicable law. <br />EVENTS OF DEFAULT. At Lender's option, Trustor will be in default under this Deed of 7rust if any pf the following happen: <br />Payment Default. Trustor fails to make any payment when due under the Indebtedness. <br />Break Other Promises. Trustor breaks any prpmise made to Lender or fails to pertorm promptly at the time and strictly in the manner <br />provided in this Deed of Trust or in any agreement related to this peed of Trust. <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 7rustor within the time required by this Deed of Trust to make any payment for taxes or <br />insurance, or any other payment necessary to prevent filing pf pr ta effect discharge of any lien. <br />False Statements. Any representation or statement made or furnished to Lender by Trustor or on Trustor's behaif under this deed of <br />Trust or the Related Documents is false or misleading in any material respect, either now or at the time mada ar furnished. <br />Dafactive Collateralization. This Deed of Trust or any of the f2elated Documents ceases to be in full force and effect (including failure <br />af any collateral document to create a valid and pertected security interest or lien) at any time and for any reason. <br />Death or Insolvency. The death of Trustor, the insolvency of Trustor, the appointment of a receiver for any part of Trustor's property, <br />any assignment for the benefit of creditors, any type of creditor workout, or the cnmmencement of any proceeding under any <br />