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�; <br />Loan No: 101240725 <br />4 t> <br />DEE[p OF TRUST <br />(C <br />2��103�67 <br />Page 4 <br />laws, ordinances, and regulations of governmental authorit <br />Survival of Representations and Warranties. All represem <br />shall survive the execution and delivery of this Deed af T� <br />until such time as Trustor's Indebtedness shall be paid ln f� <br />�s, warranties, and agreements made by Trustor in this Deed of Trust <br />shall be continuing in nature, and shall remain in full force and effect <br />EXISTING INDEBTEDNESS. The following provisions concerning� Existing Indebtedness are a part of this Deed of Trust: <br />Exisdng Lien. 7he lien of this Deed of Trust securing the Indebtedness may be secondary and inferior to an existing lien. Trustor <br />expressly covenents end egrees to pay, or see to the pa ment of, the Existing Indebtedness end to prevent any default on such <br />indebtedness, any default under the instruments evidencing such indebtedness, or any default under any securfty documents for such <br />indebtedness. <br />No Modification. Trustor shall not enter into any agree ent with the holder of any mortgege, deed of trust, or other security <br />agreement which has priority over this Deed of Trust by hich thet agreement is modified, amended, extended, or renawed without <br />the prior written consent of Lender. Trustor shall neither r quest nor accept any future advances under any such security agreement <br />without the prior written consent of Lender. <br />CONDEMNATION. The following provisions relating to condemn�tion proceedings are a part of this Deed of Trust: <br />Proceedings. If any proceeding in condemnation is filed, rustor shall promptly notify Lender in writing, and Trustor shall promptly <br />take such steps es may be necessary to defend the acion and obtein the award. Trustor mey 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 Trustor will deliver or cause to be deliverad o Lender such instruments and documentation as may be requasted by <br />Lender from time to time to permit such participation. <br />Application of Net Proceeds. If all or any part of the Prope is condemned by eminent domain proceedings or by any proceeding or <br />purchase in lieu of condemnation, Lender may at its electio require that all or any portion of the net proceeds of the eward be applied <br />to the Indebtedness or the repair or restoration of the Prope . 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 CHARGES BY GOVERNM NTAL AUTHORITIES. 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 request by Lend r, Trustor shall execute such documents in addition to this Deed of Trust <br />and take whatever other action is requested by Lender t pe�fect and continue Lender's lien on the Real Property. Trustor shall <br />reimbursa Lender for all taxes, as described below, togethe with all expenses incurred in recording, perfecting or continuing this Deed <br />of Trust, including without limitation all taxes, fees, docum ntary stamps, and other charges for recording or registering this Deed of <br />Trust. <br />Taxes. The following shell constitute taxes to which this s ction epplies: (1) a specific tax upon this type of Deed of Trust or upon <br />all or any part of the Indebtedness secured by this Dee of Trust; (2) a specific tax on Trustor which Trustor is euthorized or <br />required to deduct from payments on the Indebtedness sec red by this type of Deed of Trust; 13) a tax on this type of Deed of Trust <br />chergeable 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 />peyments of principal and interest made by Trustor. <br />Subsequent Taxes. If any tax to which this section epplie is enacted subsequent to the date of th(s Deed of Trust, this event shall <br />heve the same effect as an Event of Default, and Lender ay exercise any or all of lts available remedies for an Event of Default as <br />provided below unless Trustor either (1) peys the tax befo e it becomes delinquent, or (2) contests the tax as provided ebove in the <br />Taxes and Liens section and deposits with Lender cash or e sufficient corporate surety bond or other security satisfactory to Lender. <br />SECURITY AGREEMEIVT; FINANCING STATEMENTS. The follo ing provisions relating to this Deed of Trust as a security egreement are a <br />part of this Deed of Trust: <br />Security Agreement. This instrument shall constitute e Sec rity Agreement to the extent any of the Property constituies fixtures, end <br />Lender shall have all of the rights of a secured party under t e Uniform Commerciel Code as amended from time to time. <br />Secur'rty Interest. Upon request by Lender, Trustor shall ta e whatever action is requested by Lender to perfect and continue Lender's <br />security interest in the Rents and Personal Property. In a dition to recording this Deed of Trust in the real property records, Lender <br />may, at any time and without further authorization from T ustor, file executed counterparts, copies or reproductions of this Deed of <br />Trust as a financing statement. Trustor shall reimburse ender for all expenses incurred in perfecting or continuing this security <br />interest. Upon defeult, Trustor shall not remove, saver or d tach the Personal Property from the Property. Upon default, Trustor shall <br />assemble any Personal Properry not affixed to the Prope in a manner and at e place reasonably convenient to Trustor and Lender <br />and make it available to Lender within three (3) days after r ceipt of written demand from Lender to the extent permitted by applicable <br />law. <br />Addresses. The mailing eddresses of Trustor idebtor) an Lender (secured party) from which information concerning the security <br />interest grented by this Deed of Trust may be obteined (ea h as required by the Unitorm Commercial Code) are as stated on the first <br />page of this Deed of Trust. <br />FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following <br />this Deed of Trust: <br />Further Assurances. At any time, end from time to time, u <br />to be made, executed or delivered, to Lender or to Lende <br />refiled, or rerecorded, as the case may be, at such times e <br />such mortgages, deeds of trust, security deeds, security � <br />further assurance, certificates, and other documents as i <br />effectuate, complete, perfect, continue, or preserve (7) <br />relating to further assurances and attorney-in-fact are a part of <br />�on request of Lender, Trustor will make, execute and deliver, or will cause <br />'s designee, and when requested by Lender, cause to be filed, recorded, <br />id in such offices end places as Lender may deem appropriate, eny and all <br />areements, flnencing statements, continuation statements, instruments of <br />�ay, in the sole opinion of Lender, be necessary or desirable in order to <br />Trustor's obligations under the Note, this Deed of Trust, and the Related <br />