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�, � DEED OF TRUST 2 0110 3 9 4� <br />Loan No: 101241148 (Continued) Page 4 <br />laws, ordinances, and regulations of governmental authorities. <br />Survivai of Promises. All promises, agreements, and statements Trustor has made in this Deed of 7rust shail survive the execution <br />and delivery of this Deed of Trust, shall be continuing in nature and shall remain in full force and effect until such time as Trustor's <br />lndebtedness is paid in full. <br />CONDEMMATIOM. The following provisions reiating 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 7rustor shall promptly <br />take such steps as may be necessary to defend the action and obtai� 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 proceeding by counsel of its own <br />choice, and Trustor will de{iver or cause to be dalivered to Lender such instruments and documentation as may be requested by <br />Lender from time to time to permit such participation. <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. Tha 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 GOVERNMENTAL 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 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 recording, perfecting or continuing this Deed <br />of Trust, including without limitation all taxes, fees, documentary 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 />aIl 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 ofi 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 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 Defiauit, and Lender may exercise any or all of its available remedies for an Event of Default as <br />provided below unless Trustor either (7) pays the tax before it 6ecomes delinquent, or (2) contests the tax as provided 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 AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a <br />part of this Deed of Trust: <br />Security Agreement. This instrument shall constitute a Security Agreament to the extent any of ihe Property constitutes fixtures, and <br />Lender shall have all of the rights of a secured party under the Uniform Commercia! Code as amanded from time to time. <br />Security Interest. Upon request by Lender, Trustor shall take whatever action is requested by Lender to perFect end continue Lender's <br />security interest in the Personal Property. In addition to recording this Deed of Trust in the real property records, Lender may, at any <br />time and without further authorization from Trustor, file executed counterparts, copies or reproductions of this Deed of Trust as a <br />financing statement. Trustor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon <br />default, Trustor shall not remove, sever or detach the Personal Property from the Property. Upon default, Trustor shall assemble any <br />Personal Proparty not affixed to the Property in a manner and at a place reasonably convenient to Trustor and Lender and make it <br />available to Lender within three (3i days after receipt of written demand from Lender ta the e�ctent permitted by applicable 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; Al'TORIVEY-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 wiil cause <br />to be made, executed or detivered, ta Lender or to Lender's designee, and when 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 trust, security deeds, security agreements, financing statements, continuation statements, instruments of <br />further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to <br />effectuate, complete, peffect, continue, or preserve (1) Trustor's obligations under the Nota, this Deed of Trust, and the Related <br />Documents, and (2) the liens and security interests created by this Deed of Trust as first and prior liens on the Property, whether <br />now owned or hereafter acquired by Trustor. Unless prohibited 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 fhis paragraph. <br />dttorney-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 purposa of making, executing, delivering, filing, recording, and doing ali other Yhings 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 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 to Trustee a request for full <br />reconveyance and shall execute and delivar to Trustor suitable statements of termination of any financing statement on file evidencing <br />Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by law shall be paid by Trustor, if <br />