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�� �' ��� ����° k� ��� �� �� oEEO oF TRUSr 2 O 110 3 4 0 4 <br />Loan No: 101239486 (Continued) Page 4 <br />lews, ordinances, and reguletions of governmental authorities. <br />Survival of Representations and Warranties. All 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 />EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Deed of Trust: <br />Existing Lien. The lien of this Deed of Trust securing the Indebtedness may be secondary and inferior to an existing lien. Trustor <br />expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any default on such <br />indebtedness, any default under the instruments evidencing such indebtedness, or any default under any security documents for such <br />indebtedness. <br />No Modif(cation. Trustor shall not enter into any agreement with the holder of any mortgege, deed of trust, or other security <br />egreement which has priority over this Deed of Trust by which that agreement is modified, amended, extended, or renewed withouY <br />the prior written consent of Lender. Trustor shall neither request nor accept any future advances under any such security agreement <br />without the prior written consent of Lender. <br />CONDEMNATION. The following provlsions releting to condemnation proceedings are e part of this Deed of Trust: <br />Proceedings. If any proceeding in condemnetion is filed, Trustor shell promptly notify Lender in writing, end Trustor shall promptly <br />teke such steps as may be necessary to defend the ection and obtain the award. Trustor mey be the nominal parry 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 ceuse to be delivered to Lender such instruments and documentation as may be requested by <br />Lender from time to time to permit such particlpation. <br />Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or 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 Indebtedness or the repair or restoration of the Property. The net proceeds of the awerd shall mean the eward efter payment of <br />all reasonable costs, expenses, end attorneys' fees lncurred by Trustee or Lender in connection with the condemnation. <br />IMPOSITION OF TAXES, FEES AND CHARGES BY C30VERNMENTAL AUTHORITIES. The following provisions relating to governmental <br />taxes, fees and charges are a part of this Deed of Trust: <br />Currerrt Taues, Fees and Charges. Upon request by Lender, Trustor shall execute such documenta in addltion to thfs Deed of Trust <br />�nd take whatever other action is requested by Lender to perfect end continue Lender's lien on the Real Property. Trustor shall <br />�eimburse Lender for all taxes, es described below, together w(th all expenses incurred in recording, perfecting or continuing this Deed <br />of Trust, including without limitetion all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of <br />• Trust. <br />Taxes. The following shell constitute texes to which this section 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 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 tex 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 Event of Default, and Lender mey exercise any or ell of its evailable remedies for an Event of Default as <br />provided below unless Trustor either (1) peys the tax before it becomes delinquent, or (2) contests the tax as provided above in the <br />Taxes and Liens section end deposits with Lender cesh or e sufficient corporate surety bond or other security satisfactory to Lender. <br />SECURITY AGREEMENT; FINANCING STATEMENTS. The foilowing provisions releting to this Deed of Trust as a security agreement are a <br />pert of this Deed of 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 of 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 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 without further authorization from Trustor, file executed counterparts, copies or reproductions of this Deed of <br />Trust as a financing statement. Trustor shall reimburse Lender for all expenses incurred in perfecting or continuing this securify <br />interest. Upon default, Trustor shall not remove, sever or detach the Personai Property from the Property. Upon default, Trustor shall <br />assemble any Personal Properry not affixed to the Property in a manner and at a place reasonably convenient to Trustor and LendeP <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 eddresses of Trustor (debtor) and Lender (secured party) from which information concerning the securlty <br />interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated on the first <br />page of this Deed 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 Assurences. At eny time, end from time to time, upon request of Lender, Trustor will make, execute and deliver, or will ceuse <br />to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be flled, recorded, <br />refiled, or rerecorded, as the case may be, at such times and in such offices end places as Lender may deem eppropriate, any and all <br />such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, inatruments of <br />further essurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desireble in order to <br />effectuate, complete, perfect, continue, or preserve (1) Trustor's obllgetions under the Note, this Deed of Trust, and the Related <br />