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� � � 3 � � � 1 '� ` � p ` DEED OF TRUST <br />Loan No: 101240035 (Continued) 2 0110 3 4 0� pege 4 <br />Exlsting 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 defeult under the instruments evidenc(ng such indebtedness, or any default under eny security documents for such <br />indebtedness. <br />No Modiflcation. Trustor shall not enter into any agreement with the holder of any mortgage, deed of trust, or othar security <br />agreement which hes priority over this Deed of Trust by which thet egreement is modified, amended, extended, or renewed without <br />the prior written consent of Lender. Trustor shall neither request nor accept any future advences under any such security agreement <br />without the prior written consent of Lender. <br />CONDEMNATION. The following provisions relating to condemnation proceed(ngs ere e pert of this Deed of Trust: <br />Proceedings. If eny proceeding in condemnetion is filed, Trustor shall promptly notlfy Lender in writing, end Trustor shall promptly <br />take such steps as may be necessary to defend the action and obtain the eward. 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 proceeding by counsel of ita own <br />choice, and Truator wiil deliver or cause to be delivered to Lender such instruments and documentation as may be requested by <br />Lender from time to time to permit such partic(petion. <br />AppllcaUon of Net Proceeds. If all or any part of the Property ia condemned by eminent domain proceedings or by any proceeding or <br />purchase in lieu of condemnetion, Lender mey at its alection require that all or any port(on of the net proceeds of the award be applied <br />to the Indebtedness or the repair or restorat(on of the Property. The net proceeds of the award shall mean the eward efter 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 GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental <br />taxes, fees and charges are a part of this Deed of Trust: <br />Current Texes, Fees and Charges. Upon request by Lender, Trustor shall execute such documents in addition to this Deed of Trust <br />end 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 texes, as described below, together with ell expenses fncurred in recording, perfecting or continuing this Deed <br />af Trust, including without limitation ell taxes, feea, documentery stamps, and other charges for recording or registering this Deed of <br />Trust. <br />Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon <br />all or eny part of the Indebtedness secured by this Deed of Trust; (2) e spacific 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; 13) a tax on this type of Deed of Trust <br />chargeable against the Lender or the holder of the Note; end l4) a specific tax on all or any portion of the Indebtedness or on <br />payments of principel end interest made by Trustor. <br />Subsequent Taxes. If eny tax to which this section applies ia enected 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 avallabte remedies for en 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 section and deposlts with Lender cash or a sufficient corporate surety bond or other security satisfectory to Lender. <br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions releting to this Deed of Trust as e security agreement are a <br />part of this Deed of Trust: <br />Security Agreement. This instrument shall constitute e Security Agreement to the extent any of the Property constitutes fiutures, and <br />Lander shall have all of the rights of e 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 end Peraonal Property. In eddition to recording this Deed of Trust in the real property records, Lender <br />may, at any time end w(thout further authorizetion from Trustor, file executed counterparts, copies or reproductions of this Deed of <br />Trust as e financing statement. Trustor shall retmburse Lender for ell expenses incurred in perfecting or continuing this security <br />interest. Upon default. Trustor shalt not remove, sever or detach the Personal Properry from the Property. Upon default, Trustor shall <br />assemble any Personal Proparty not effixed to the Property in a manner and at a place reasonably convenient to Trustor end Lender <br />end make it availeble to Lender within three (3) days after receipt of written demend from Lender to the extent permitted by eppliceble <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 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 assurences 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 ba made, executed or delivered, to Lender or to Lender's designae, and when requested by Lender, cause to be filed, recorded, <br />refiied, or rerecorded, as the cese may be, at such times and in such offices end places as Lender may deem epproprlate, any and ell <br />such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuat(on statemants, instruments of <br />further assurence, certificates, end other documents as may, in the sole optnion of Lender, be necessary or desireble in order to <br />effectuate, complete, pertect, continue, or preserve (1) Trustor's obligatians under the Note, this Deed of Trust, and the Related <br />Documents, and (2) the liens and security interesta created by this Deed of Trust as first end prior liens on the Property, whether <br />now owned or hereafter acquired by Trustor. Unless prohibited by taw or Lender agreea to the contrery (n writing, Trustor shall <br />reimburse Lender for all costs and expenses incurred in connection with the metters referred to in this paragreph. <br />Attorney-in-Fact. if Trustor fails to do any of the things referred to in the preceding 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 Trustor's attorney-in-fact for <br />the purpose of making, executing, deNvering, filing, recording, and doing all other things as mey be necessary or desirable, in Lender's <br />