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DEED OF TRUST 2 010 0 9 6 6 4 <br />Loan No: 101237266 (Continued) Page 4 <br />laws, ordinances, and regulations of governmental authorities. <br />Survival of Representations and Warranties. All representations, warranties, and agreements made by Trustor in this Deed ot 7rust <br />shall survive the execution and delivery nf this Deed of Trust, shall be continuing in nature, and shall remain in full force and effect <br />until such time as 7rustor's Indebtedness shall be paid in full. <br />CONDEMNATIdN. The following provisions relating to condemnation proceedings are a part of this Deed of Trust: <br />Prnceedings. 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 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 7rustor will deliver or cause to be delivered to Lender such instruments and documentation as may ba requested by <br />Lender frbm time to time to permit such participation. <br />Applicativn of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by eny proceeding or <br />purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net 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 7rustee nr Lender in connection with the condemnation. <br />IMPOS171pN OF TAXES, FEES AND CHARGES gY GQVERNMENTAL AUTHORITIES. The following provisions relating to governmental <br />taxes, fees and charges are a part of this Deed of Trust: <br />Currant Taxas, Fees and Charges. Upon request 6y Lender, Trustor shall execute such documents in addition to this Deed of Trust <br />and take wheteve� other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Trustor shall <br />reim6urse Lender for all taxes, as descriped 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 recarding 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 typ� nt Deed of Trust or upon <br />all or eny 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 an the Indebtedness secured by this type of Deed of Trust; (3) a tax on this type of Deed af 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 />Suhsequent Taxes. If any tax to which this section applies is enac#ed subsequent to the date of this Deed nf Trust, this event shall <br />have the same effect as an Event af 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 bacomes delinquent, or (2) contests the tax as provided above in the <br />Taxes and Liens section and deposits with Lender cash ar a sufficient corporate surety bvnd or other security satisfactory to Lender. <br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of 7rust as e security agreement are a <br />part of this Deed of Trus[: <br />Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Proparty constitutes fixtures, and <br />Lender shall have all of ihe rights of a secured party under the Uniform Commercial Code as amended from time to time. <br />Security Interest. Upvn request by Lender, Trustor shall take whatever action is requested by Lender to perfect and continue Lender's <br />security interest in the Rents and Personal Proparty. In addition to recording this Deed of Trust in the real proper#y records, Lender <br />may, st any time and without further authorization from Trustor, file executed cnunterparts, copies or reproductions of this Deed of <br />Trust as a financing statement. l'rustor 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, Trustor shall <br />assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Trustor and Lender <br />and make it available to Lender within three (3) days after raceipt of written demand from Lander to the extent permitted by applica6le <br />law. <br />Addresses. The mailing addresses of Trustor (debtar) 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 Gode) are as stated on the first <br />page of this Deed of Trust. <br />FURTHER ASSURANCES; ATTORNEY-IN-FAC7. The following provisions relating to turther assurances and attorney-in-fact are a part of <br />this Deed of Trust: <br />Further Assurances. At any time, snd from time to time, upon request of Lender, Trustor will mske, 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 tiled, recorded, <br />refiled, or rerecorded, as the case mey be, at such times and in such offices and places as Lender may deem appropriate, any and ell <br />such mortgages, deeds af 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 beed af 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. Unless prohibited by law or Lender agress to the cnntrary in writing, Trustor shall <br />reimburse Lender for all costs and expenses incurred in connection with the matters refsrred 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 Trwstor and at 7rustor's expense. For such purposes, Trustor hereby irrevocably appoints Lender as Trustor's attarney-in-fact for <br />the purpose of making, executing, delivering, filing, recarding, 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, including without limitation all future advances, when due, and otherwise <br />performs all the obligations imposed upvn 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 Trustor suitable statements of termination of any financing statement on file evidencing <br />