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<br />;� A � + , �,� .: � P y , DEED OF TRUSI� � ►
<br />� lconti�uad) 2 0110 3 7 2 0 Page 3
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<br />but is not required to, take any action that Lender believes to be appropriate to pr�eGt LendePs interests. All expenses incurred or paid by
<br />Lender for such purposes will then bear interest at the rate charged under the No�e from the date incurred or paid by Lender to the date of
<br />repayment by Trustor. All such expenses will become a pert of the Indebtedness `and, at Lender's option, will (A) be payable on demand;
<br />(B) be added to the balance of the Note and be apportioned among and be paya�ble �with any installment payments to become due during
<br />either (1) the term of any applicable insurance policy; or (2) the remaining term pf the Note; or (C) be treated as a balloon payment
<br />which will be due'and payable at the Note's maturity: The Deed of Trust also wiNq;s�cure payment of these amounts. The rights provided
<br />for in this paragraph shall be in addition to any other rights or any remedies to whi�h Lender may be entitled on account of any default.
<br />Any such action by Lender shall not be construed as curing the default so as to b�r: �ender from any remedy that it otherwise would have
<br />had. � ''
<br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership d� t�e Property are a part of this Deed of Trust:
<br />Title. Trustor warrants that: (a� Trustor holds good and marketable title of �r,eFS�rd to the Property in fee simple, free and clear of all
<br />liens and encumbrances other than those set forth in the Real Property desc�;ipti�on or in any title insurance policy, title report, or final
<br />title opinion issued in favor of, and accepted by, Lender in connection wit�i, this Deed of Trust, and (b) Trustor has the full right,
<br />power, and authority to 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 Property
<br />against the lawful claims of all persons. In the event any action or proceqding is commenced that questions Trustor's title or the
<br />interest of Trustee or Lender under this Deed of Trust, Trustor shall defen�d t�e action' at Trustor's expense. Trustor may be the
<br />nominal party in such proceeding, but Lender shall be entitl�d to partici�iate'i�i �t�ie proce�adiiig'and `to be r�presented i� the proceeding
<br />by counsel of Lender's own choice, and Trustor will deliver, or cause to tr'e� {�elivered, 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 �ise�of the Property complies with all existing applicable
<br />laws, ordinances, and regulations of governmental authorities. '
<br />Survival of Promises. All promises, agreements, and statements Trustor ha5 rrnade in this Deed of Trust shall survive the execution
<br />and delivery of this Deed of Trust, shall be continuing in nature and shall rema�n in full force and effect until such time as Trustor's
<br />Indebtedness is paid in full.
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<br />CONDEMNATION. The following provisions relating to condemnation proceedings;8re a part of this Deed of Trust:
<br />Proceedings. If any proceeding in condemnation is filed, Trustor shall pror�'ptly notify Lender in writing, and Trustor shall promptly
<br />take such steps as may be necessary to defend the action and obtain the �ward. Trustor may be the nominal party in such
<br />proceeding, but Lender shall be entitled to participate in the proceeding and ta� b� represented in the proceeding by counsel of its own
<br />choice, and T`rustor will 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 participation. , Y
<br />Application of Net Proceeds. If all or any part ot the Property is condemnedrbyi�minent domain proceedings or by any proceeding or
<br />purchase in lieu of condemnation, Lender may at its election require that all o{ 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 proc�ede of the award shall mean the award after payment of
<br />all reasonable costs, expenses, and attorneys' fees incurred by Trustee or Let�ddt in connection with the condemnation.
<br />IMPOSITION OF TAXES, FEES AND CHARGES BY C�OVERNMENTAL AUTHORIT&�ES; The following provisions relating to governmental
<br />taxes, fees and charges are a part of this Deed of Trust: t'} I'i
<br />Current Taxes, Fees and Charges. Upon request by Lender, Trustor shall execirte such documents in addition to this Deed of Trust
<br />and take whatever other action is requested by Lender to perfect and corytint�e Lender's lien on the Reai Property. Trustor shall
<br />reimburse Lertder for all taxes, as described below, together with all expense�s; m- urred in recording, pertecting or continuing this Deed
<br />of Trust, including without limitation all taxes, fees, documentary stamps, acld �ther charges for recording or registering this Deed of
<br />Trust.
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<br />Texes. The following shall constitute taxes to which this section applies: (7'1' a specific tax upon this type of Deed of Trust or upon
<br />�II pr ap�,palt �ir�eb;¢cineSS_.seCUred by thi�.,Q�ed�o# Tr�t; ,.12) �;��acific.,.ta�C.on,Trust�ar yvhiCh Try��or is a4�t�orized or
<br />required to deduct from payments on the Indebtedness secured by this tYpe qf, D;eed 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 spec�fic ;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 subs�qu nt 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 a�l of its available remedies tor an Event of Default as
<br />provided below unless Trustor either (7) pays the tax before it becomes deliVtqu�ent, or (2) contests the tax as provided above in the
<br />Taxes and Liens section and deposits with Lender cash or a sufficient corporaite'�urety bond or ather security satisfactory to Lender.
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<br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions rel�tjrt� to this Deed of Trust as a security agreement are a
<br />part of this Deed of Trust: �`'
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<br />Security Agreemerrt. This instrument shall constitute a Security Agreement to tka extent any of the Property consUtutes fixtures, and
<br />Lender shall have all of the rights of a secured party under the Uniform Commle'retal Code as amended from time to time.
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<br />Security Interest. Upon request by Lender, Trustor shall take whatever action is �tequested by Lender to perfect and continue Lender's '
<br />security interest in the Personal Property. In addition to recording this Deed 'of �rust in the real property records, Lender may, at any
<br />time and without further authorization ftom Trustor, file executed counterpa�si copies or reproductions of this Deed of Trust as a
<br />financing statement. Trustor shall reimburse Lender for all expenses incurre?i''in:perfecting or continuing this security interest. Upon
<br />default, Trustor shall not remove, sever or detach the Personal Property from �th� Property. Upon defeult, Trustor shall assemble any
<br />Personal Property not affixed to the Property in a manner and at a place re�Sbnably convenient to Trustor and Lender and make it
<br />available to Lender within three (3) days after receipt of written demand from �'Lerider to the extent permitted by applicable law.
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<br />Addresses. The mailing addresses of Trustor (debtor) and Lender (securecf �patty) from which information concerning the security
<br />interest granted by this Deed of Trust may be obtained (each as required by �#he=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 Assurances. At any time, and from time to time, upon request of Lerxderi Trustor will make, execute and deliver, or will cause
<br />to be made, executed or delivered, to Lender or to Lender's designee, and �h6n requested by Lender, cause to be filed, recorded,
<br />rAfiiled; o"r P�reaoYded; ��'th�'�'as�`m8y' be, aT such times' and 'in 'sueh ofHaes arit� places`as "Leri'(9er mey deerii appropTiate; � aAy and all
<br />such mortgages, deeds of trust, security deeds, security agreements, financing �statements, continuation statements, instruments of
<br />further assurance, certificates, and other documents as may, in the sole apinion of Lender, be necessary or desirable in order to
<br />effectuate, complete, perfect, continue, or preserve (1) Trustor's obligati4ns the Note, this Deed of Trust, and the Related
<br />Documents, and (2) the liens and security interests created by this Deed p!F '�rust as first and prior liens on the Property, whether
<br />now owned or hereafter acquired by Trustor. Unless prohibited by law or; Le�der agrees to the contrary in writing, Trustor shall
<br />reimburse Lender for all costs and expenses incurred in connection with the rrpatt�rs referred to in this paragreph.
<br />Attomey-in-Fact. If Trustor fails to do any of the things referred to in the pre�ed�ng paragraph, Lender may do so for and in the neme
<br />of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrei�ocably appoints Lender as Trustor's attorney-in-fact for
<br />the purpose of making, executing, delivering, filing, recording, and doing all of;her'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 Indebtedness, including without liriiit�tion all future advances, when due, and otherwise
<br />perForms all the obligations imposed upon Trustor under this Deed of Trust, Lend�r �hall execute and deliver to Trustee a request for full
<br />reconveyance and 'shall execute and deliver to Trustor suitable statements of tePqni�ation of any financing statement on file evidencing
<br />Lender's security ihterest in the Rents and the Personal Property. Any reconv�ya�ice fee required by law shall be paid by Trustor,' if
<br />permitted by appliceble law. ;,, `,
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