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DE�D O� TRUST <br />Loan No � �� 23734� (Continued) � O i������ Page 4 <br />shell survive the execution and delivery of this Deed of Trust, shall be continuing in nature, and shall remain in full force and effect <br />until such time as Borrower'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 7rustor shall promptly <br />taka such steps as may be necessary to defend the action and nbtain the award. Trustar may be the nominsl party in such <br />prpceeding, 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 7rustor will deliver or cause to be deliversd to Lender such instruments and documentstion as may be requeated by <br />Lender frpm time to time ta permit such participation. <br />Application of Ne# Proceeds. If all pr any part of the Praperty is condemned by eminent domain procaedings or by any proceeding or <br />purchase in lieu of condemnation, Lender may st its election require that all or any portion of the net proceeds of the award be applietl <br />to the Indebtedness or the repair or restoration of the Property. 7he ne# proceeds of the award shall mean the swsrd after payment of <br />all reasonable casts, expenses, and attorneys' fees incurrad by Trustee or Lendar in connection with the candemnation. <br />IMPOSITION OF tAXE5, FEES AND CHARGES BY GOVERNMENTAL AUTHnRITIES. The following provisions relating ta governmental <br />taxes, fees and charges are a part of this Deed of Trust: <br />Current Taxes. Feea 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 requestad hy Lender to perfect and continue l.ender's lien on the Real Prpperty. Trustor shall <br />reimburse Lender for all texes, as described below, together with all expenses incurrad in recording, perfecting or continuing this Deed <br />of Trust, including without limitatipn all taxes, fees, dacumentary stamps, and other charges for recording or registering this Deed of <br />Trust. <br />7axes. The following shall constitute taxes to whfch this section applies: (1) a specific tax upon this type nf Daed of Trust or upon <br />all or eny part of the Indebtedness secured by this beed of Trust; (2) a specific tax on Borrower which Borrower is authorized or <br />required to deduct from payments on the Indebtedness secured by this type of peed of Trust; (3) a tax pn this type of Deed of Trust <br />chargeable against the Lender or the hplder of the Note; end (4) a specific tax on all or any portion of the Indebtednass or on <br />payments of principal and interest made by Borrower. <br />Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Dead of Trust, this event shall <br />have the same affect as an �vent of �efault, and Lender may exercise any ar all of its available remedies for an Event of Default as <br />provided belpw 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 section and deposits with Lender cash or a sufficiant cprporate surety bond or other security satisfactory to Lender. <br />SECURI7Y AGREEMENT; FINANCING STATEM�N7S. The following provisions relating to this Deed of Trust as a security agreement are a <br />part of this Deed of Trust: <br />Securi#y Agreement. This instrument shall cons#i#ute a Security Agreement to the extent any of the Property constitutes fixtures, and <br />Lender shall have all of the rights of a securad 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 raquested by Lender to perfect and continue Lender's <br />security interest in the Rents and F'ersonal Praperty. In addition to recording thia Deed of Trust in the real property recnrds, Lender <br />may, at any time and without further authorization from Trustor, file executed counterparts, capies or reproductions pf this Deed of <br />Trust as a financing statement. Trustor shall reimburse Lender fnr all expenses incurred in perfecting or cpntinuing this security <br />interest. Upon default, Trustor shall not remove, sever or de#ach the Personal Property from the Property. Upon default, 7rustor shall <br />assemble sny Personal Property not affixed to the Property in a manner and at a place reasonably convenfent to 1'rustor and Lender <br />and make it available to l.endsr within three (31 days after receipt of written demand from Lender to the extent permitted by applicable <br />law. <br />Addrasses. The mailing addresses of Trustnr (debtor) and Lender (secured party) from which information conceming the security <br />interest granted by this Deed of "frust may be obtained (each as required by the Unifprm Commercial Code1 are as stated on the first <br />page of this �eed of Trust. <br />FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions rele#ing to further assurances and attorney-in-fact are a pert of <br />this Deed of Trust: <br />Further Assurances. At any time, and from time to time, upnn request of Lender, 7rustor 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 6y Lender, cause to 6e filed, recorded, <br />refiled, or rerecorded, as the case may be, at such times and in such officas and places as Lender mey deem appropriate, any and all <br />such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of <br />further assursnce, certificates, and nthsr documents as mey, in the sale opinion nf Lender, be necessary or dasirable in order to <br />effectuate, complete, perfect, cantinue, or preserve (1) Borrower's and Trustnr's obligations under the Nnte, this Deed of Trust, and <br />tha Related Documents, and (2) the liens and security interests created by this Deed of Trust as first �nd pripr liens on the Property, <br />whether now owned or hereafter acquirad by Trustor. Unless prphibited 6y law or Lender agraes to the contrary in writing, Trustor <br />shall reim6urse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. <br />Attarney-in•Fact. If Trustor fails to do any of the things referred to in the preceding peragraph, Lender may do so for and in the name <br />of Trustor and at 7rustor's expense. For such purposes, Trustor hereby irrevocably appoints Lender as Trustor's attorney-in-fact far <br />the purpose of making, executing, delivering, filing, recording, and daing all other things as may ba necessary or desirable, in Lender's <br />sole ppinion, to accomplish the matters referred to in the preceding paragraph. <br />�UI.L PERFpRMANCE. If Borrower and Trustor pay all the Indebtedness when due, and Trustor ptherwise performs all the obligetions <br />imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to Trustea a request for full reconvayance and shall <br />execute and deliver to Trustar suitable statements of tarmination of any financing statement on file evidencing Lender's security interest in <br />the Ren#s and the Personal Property. Any reconveyance fee required by law shall be paid by 7rustor, if permitted by applicable law. <br />EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of befault undar this Deed of 7rust: <br />