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Loan No: 101237353 <br />DEED OF TRUST 2 p 1 a� 9 6 9 S p� <br />IContinued) ge 4 <br />Procsedings. If any proceeding in condemnation is filed, Trustor shall promptly notify Lander 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 perticipate 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 />Lendec from.xime to tim.e to,permit swch par.ticipation. ... . . ... ... ... . . . .. .. .. . � . <br />Applicetion ot Net Proceeds. If all or any part of the Property is condemned by eminent domain proceadings or by any proceeding or <br />purchase in lieu of condemnation, Lender may at its election require that all or any portion nf 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 Trustee or Lender in connection with the condemnation. <br />IMPbSITION OF TAXES, FEES AND CWARGES E3Y G�VERNMENTAL AUTHORITIES. The following provisions relating to governmental <br />taxes, fees and charges are a part of this beed of Trust: <br />Current Taxes, Fees and Charges. Upon request by Lender, Trustor shall execute such documents in addition to this �eed of Trust <br />and take whatever other action is requested by Lander 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. 7he following shall constitute taxes ta which this section applies: (1) a specific tax upon this type of Deed of Trust or upon <br />all or any part of ths Indebtedness secured by this Deed of Trust; (2) a specific tax vn Trustor which Trustor is authorized or <br />required to deduct from payments on the Indebtedness secured by this #ype of beed of Trust; (3) e tax on this type of Deed of Trust <br />chargeable against the Lender or the holder of the Note; and (a) � specific tax on all or any portion ot [he Indebtedness or on <br />payments of principal and interest made by Trustor. <br />Subsequant Taxes. If any tax to which this section applies is enacted subsequent to the date af 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 />Taxes and Liens sectinn and deposits with Lender cash or a sufficiant corparate surety bond or other security satisfactory [o Lender. <br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating ta this Deed of Trust as a security agreement are a <br />part of this Deed of Trust: <br />5ecurity Agreement. This instrument shall constitute a 5ecurity 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 fram time to time. <br />Security Interest. Upon request by Lender, Trustar shall take whatever action is requested by Lender to perfect and continue Lender's <br />security interest in the Rents and Personal Property. In addition to recording this Deed of Trust in the real property records, Lender <br />may, at any time and withaut turther authprization from Trustor, file executed counterparts, copies or reprpductions of this Deed of <br />Trust as a financing statement. Trustor shell reimburse Lender for all expenses incurred in perfecting or continuing this security <br />interest. Upan defeult, 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 reasonebly convenient to Trustor and Lender <br />and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable <br />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 abtained (each as required by the Uniform Commercial Code) are as stated on the firs# <br />page of this Deed of Trust. <br />FURTHER ASSURANCES; ATTaRNEY-IN-FACT. The follawing 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 ot 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, daeds of trust, security deeds, security agreements, financing statements, cvntinuation statements, instruments of <br />turther assurence, certificates, and other documents as may, in tha snle apinion of Lender, be necessary or desirable in order �o <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 Iiens 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 connection with the matters referrad to in this paragraph. <br />Attorney-in-Fact. If 7rustor fails to do any of the things referred to in the preceding paragraph, Lendar may do so for and in the name <br />of Trustor and at Trustnr's expense. For such purposes, Trustor hereby irravocably 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 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 upon 7rustor under this Deed of Trust, Lender shall execute and deliver to Trustee a request fvr full <br />reconveyance and shall execute and deliver to Trustor suitable statements of terminatipn of any financing statement on file evidencing <br />Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by lew shall be paid by Trustor, if <br />permitted by applicable law. <br />EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed of Trust: <br />Payment befault. 7rustor fails to make any payment when due under the Indebtedness. <br />Other Defaults. Trustor fails to comply with ar tb perform any other term, obligation, covenant or condition cantained in this beed of <br />