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D�ED OF TRUST 2 p 1 p 4 9 6 9 9 <br />Loan No � o� 237os9 � (Continued) Page 4 <br />to the Indebtednass 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 />IMPQSII"ION pF 7AXES, FEES AND CHARGES BY GOVERNM�NTAL AU7HpRITIES. The following provisions relating to governmental <br />taxes, fees and charges are a part of this Deed of Trust: <br />Current Taxes, Fees and Charges. Upon requsst by Lender, Trustor shall execute such documents in addition to this Deed of Trust <br />and take whatever other action is requasted by Lender 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 beed <br />of Trust, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of <br />Trust. <br />Taxas. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of 7rust or upon <br />all or any 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 on the indebtedness secured by this type of Deed 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 �vent of Defaul#, and Lender may exercise any or all of its available remedies for an Event of Default as <br />provided below unless Trustor either (1) peys the tax before it becames delinquent, or (2) contests the tax as provided above in the <br />Taxes and Liens saction and deposits with Lender cash or a sufficient corporete surety 6ond 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 af Trust: <br />Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and <br />Lender shall have all vf 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 ac[ion is requested by Lender to perfect and continue Lender's <br />security interest in the Personal Property. In addition to recording this Deed of 7rust in the real prqperty records, Lender may, at any <br />time and wi[hout further authorization from Trustor, file executed counterparts, copies br reproductions of this Deed of Trust as a <br />financing statement. 7rustor shall reimburse Lender for all expenses incurred in perfecting nr 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 />Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Trustor and Lender and meke it <br />available ta 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 />intarest granted by this Deed of Trust may be obtained (esch as required by the Uniform Commercial Code) are as stated on the first <br />pege of this Deed of Trust. <br />FURTHER ASSURANCES; AT70RNEY-IN-FACT. The following provisians relating to further 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 requast 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, end when requested by Lender, cause to ba 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, deeds of trust, securi#y deeds, security agreements, financing statements, continuation statements, instruments of <br />further assurance, certificates, and other dncuments 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: Unless prohibited by law or Lender agrees to the contrary in writing, Trustnr shall <br />reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. <br />Attarney-in-Fact. If Trustor feils to do any of the things referred to in the preceding paragraph, Lender may do sa far and in the name <br />of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints Lender as 7rustor's attarney-in-fact for <br />the purpose of making, executing, delivering, filing, recording, and doing all other ihings 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 impvsed upnn 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 terminetion of any financing statement on file evidencing <br />Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by law shall be paid by 7rustor, if <br />permitted by applicable law. <br />pEFAULT. At Lender's option, Trustor will be in default under this beed of Trust if any of the following happen: <br />Fraud or Material Misrepresentation. Trustor commits fraud or material misrepresentation in connection with the terms of the Note. <br />Payment Default. Trustor fails ta meet the repayment terms of the Note for any outstanding balance. <br />Other Defaults. Trustor's act or failure to act adversely affects Lender's security interest in the Property, or any right of Lender's in <br />such security. <br />Right to Cure. If any default, other than a default in payment is curable and if Trustor has not been given a notice of a breach of the <br />same provision of this Peed of Trust within the preceding twelve (12� months, it may be cured if Trustor, after Lender sends written <br />notice to 7rustor damanding cure of such default: (1) cures the default within ten (10) days; or (2) if the cure requires more than <br />ten (10) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and <br />thereafter continues and completes all reasvna6le and necessary steps sufficient to produce compliance as soon as reasonably <br />