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<br />� � ; ° DEED �F TRUST
<br />(Contlnued) 2 01 � o 0 4 0 � Page 3
<br />Trustor fails to comply with any provisipn pf this Deed of Trust or any Related dc�cuments, including but not limited to Trustor's failure to
<br />discherge or pay when due any amounts Trustpr is required to discharge or pay urlder this Deed of Trust or any Related Documents, Lender
<br />on Trustor's behalf may �but shall not 6B obligated to) take any actipn that Lender deems appropriate, including 6ut not limited to
<br />discharging or paying all taxes, Iiens, security interests, encumbrances and other claims, at any time levied or placed on the Property and
<br />paying ell costs for insuring, maintaining and presarving the Prpperty. All such expenditures incurred or paid by Lender fpr such purposes
<br />wiil then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Trustor. All
<br />such expenses will become a part of the Indebtedness and, at Lender's optinn, will (A) be payable on demand; (B) be added to the
<br />baiance of the Note and be appartionad smong and be payable with any installment paymenis to become due during ei2her (1) ihe [erm of
<br />any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a belloon payment which will 6e due and
<br />payable at the Note's maturity. The Deed of Trust also will secure payment of these amounts. Such right shall be in addition to all other
<br />rights and remedies to which Lender may be entitled upon Default.
<br />WARRANTY; DEF�NSE OF TITLE. 7he following provisions relating tq ownership of the Property are a part of this Deed of Trust:
<br />Title. Trustor warrants that: (a) Trustor holds good and marketable title of record to the Property in fee simple, free and clear of all
<br />liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final
<br />title opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust, and (b) Trustor has the full right,
<br />power, and authority tp execute and deliver this Deed of Trust to Lender.
<br />Defense of Title. Subject to the exception in the paragraph above, Trustor warranTS and will forever defend the title to the Prpperty
<br />againse the lawful claims of ai� persons. In the event any ection or proceeding is commenced that questions Trustor's title or the
<br />interest of Trustee or Lender under this Deed of Trust, Trustor shall defend the action at Trustor's expense. Trustor may be the
<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 to 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 />5urvival of Representations end Warranties. AII representations, warranties, and agreements made by Trustor in this Deed of Trust
<br />shall 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 Trustor'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 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 prpceeding 6y 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 />Applica#ion of Net Proceeds. If all or any part of the Property is condemned 6y eminent domain proceedings ar by any 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 fndebtedness 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 />IMPOSITION OF TAXES, FEES AND CMARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental
<br />taxes, fees and charges are a part nf this Deed of 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 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 recprding, perfecting pr cpntinuing this Deed
<br />of Trust, including without limitation all [axes, fees, documentary stamps, and other charges fnr recording or reyistering this Deed of
<br />Trust.
<br />Taxes. The following shell constitute taxes to which this section applies: �1) a specific tax upon this type of Deed of Trust or upqn
<br />alt or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Trustnr which Trustor is authorized ar
<br />required to deduci from payments on ihe Indebtedness secured by this type of Deed of Trust; (3) a tax on this type of Deed of Trust
<br />chargeable against the Lender ar 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 sec#ion 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 remediss for an Event of Default as
<br />provided belqw unless Trustor either (1) pays ihe tax before it becomes delinquent, or (2) contests the tax as prqvided above in the
<br />Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender.
<br />SECURITY AGR�EMENT; FINANCING STATEMENTS. l'he following provisions relating to this Deed of Trust as a securiry agreement are a
<br />part of this Deed of Trust:
<br />Sacurity Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and
<br />Lender shall have all of the righis of a secured party under the Uniform Commercial Gode as amended from time to time.
<br />Securi#y Interest. Upon request by Lender, Trustor shall teke 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 Peed of Trust in the real property records, Lender
<br />mey, at any time and withput further auYhorization from Trustor, file executed counterparts, copies or reprpductions of this Deed of
<br />Trust as a financing statement. Trustor shall reimburse Lender for all expenses incurred in perfecting or cnntinuing 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 receipt of written demand from Lender to the extent permitted by applicable
<br />law.
<br />Addresses. The mailing addresses of Trustor ldebtorl and Lender (secured pariyl from which information concerning the security
<br />interest granted by this beed of Trust may be obtained (eacM as required by the Uniform Commercial Code) are as stated on the first
<br />page of this besd of Trust.
<br />FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following 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 of Lender, Trustor will make, execute and deliver, or will cause
<br />to be made, executed or delivered, to Lender pr to Lender's designee, and avhen 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, deeds of trus#, security deeds, security agreements, financing statements, continuation statements, instruments of
<br />further assurance, certificates, and other documen[s as may, in the sole opinion of Lender, 6e 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 />Dbcuments, and (2) the liens and security interests created by this Deed of Trust a5 first and prior Iiens on the Property, whether
<br />now owned or hereafter acquired by Trustor, Unless prohi6ited 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 referred to in this paragraph.
<br />Attorney-in-Fact. If Trustor fails to do any of the things referred to in the prereding paragraph, Lender may do so for 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 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 Indeb#edness, including without limitation all future advances, when due, and otherwise
<br />performs all the obligations imposed upon Trustor under this Deed of Trust. Lender shall execute and deliver tp Trustee a request for full
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