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DEED OF TRUST <br />Loan No: 1D1243242 ; (Continued) � 0� 10 5 5�� Page 5 <br />Proceedings. If eny proceeding in condemnetion is filed, Trustor shall promptly notify Lender in writing, end <br />Trustor shall promptly take such steps as may be necessary to defend the action end obtain the awerd. Trustor <br />may be the nominai perty in such proceeding, but Lender shall be entitled to participate in the proceeding and to be <br />representad in the proceeding by counsel of its own choice, and Trustor will deliver or cause to be delivered to <br />Lender such instruments and documentation as may ba requested by Lender from time to time to permit such <br />participation. <br />Appllcation of 11let Procaeds. It alt or any part of the Properiy ls condemned by eminant domain proceedings or by <br />any proceeding or purchase in lieu of condemnation, Lender mey at its election require that ell or any portion of the <br />net proceeds of the ewerd be applied to the Indebtedness or the repair or restoretion of the Property. The net <br />proceeds of the award shall mean the award after payment of all reasoneble costs, expenses, and attorneys' fees <br />incurred by Trustee or Lender in connection with the condemnation. <br />IMPOSITIOW OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions releting <br />to governmental taxes, fees and charges are a pert of this Deed of Trust: <br />Current Taxes, Fees and Charges. Upon request by Lender, Trustor shall axacute such documents in edditlon to <br />this Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lender's lien on <br />the Real Property. Trustor shall reimburse Lender for all taxes, as described below, together w(th aii expenses <br />incurred ln recording, perfecting or continuing this Deed of Trust, including without limitation ell taxes, fees, <br />documentary stemps, and other charges for recording orregistering this Deed ot Trust. <br />Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon thia type of <br />Deed of Trust or upon all or any part of the fndebtedness secured by this Deed of Trust; (2) a specific tax on <br />Trustor which Trustor ls suthoriaed or required to deduct from payments on the Indebtedness secured by this type <br />of Deed of Trust; (3) a tex on this type of Deed of Trust chargeable ageinst the Lender or the holder of the Note; <br />and (4) a specific tax on a(f or any portion of the indebtedness or on payments of principal and interest made by <br />Trustor, <br />Subsequerrt Taxes. If any tex #o which this section applies is enacted subsequent to the date of this Deed of <br />Trust, this event shell have the seme effect es an Event of Default, and Lender may exercise any or all of its <br />avaitable remedies for an Event of Default as provfded balow unless Trustor either (7 ) peys the tex before it <br />becomes delinquent, or (2) contests the tax es provided above in the Taxes and Uens section end deposits with <br />Lender cash or a sufficient corporate surety bond or other security setisfactory to Lender. <br />SECURITIf AGREEMENT; FINANCING STATEMENTS. The following provisions releting to this Deed of Trust as a <br />security agreement are a part of this Deed of Trust: <br />Security Agreemsrrt. Th1s instrument shall constitute a Security Agreement to the extent any of the Property <br />constitutes fiMures, end Lender shatl have all of the rights of e secured party under the Unfform Commercial Code <br />es amended from tfine to time. <br />Security Interest. Upon request by Lender, Trustor shall take whatever action is requested by Lender to pertect <br />end continue Lender's security interest in the Rents and Personal Property. In eddition to recording this Deed of <br />Trust in the real property records, Lender may, et any time and without further eutF�orization ftom Trustor, file <br />ezecuted counterparts, copfes or reproductions of this Deed of Trust as a flnencing statement. Trustor shall <br />reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon defeutt, Trustor <br />shall not remove, sever or detech the Personal Property from the Property. Upon default, Trustor shatl essemble <br />any Personel Property not afftxed to the Property in a manner and at a place reasonably convenient to Trustor and <br />Lender and make it available to Lender within three (3) days after receipt of written demend from Lender to the <br />extent permitted by applicable lew. <br />Addresses. The meiling eddresses of Trustor (debtor) and Lender (secured party) from which lntormation <br />concerning the security interest granted by this Deed of Trust may be obtained (each as required by the Uniform <br />Commerciel Code) are es stated on the flrst page of this Deed of Trust. <br />FUR7HER ASSURANCES; AT70RNEY-IN-FACT. The following provisions relating to fu►ther assurances and <br />ettorney-In-fact are a part of this Deed of Trust: <br />Further Assurances. At any time, and from time to time, upon request of Lender, Trustor will make, execute and <br />deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by <br />Lender, cause to be filed, recorded, refiled, or rerecorded, es the case may be, et such times and in such offices <br />and places as Lender may deem approprlate, any and ell such mortgages, deeds of trust, security deeds, security <br />agreements, financing stetements, continuation stetements, instruments of further essurence, certificates, and <br />other documents es may, in tF�e sole opinion of Lender, be necessary or desireble in order to effactuate, complete, <br />perfect, contlnue, or preserve (1) Trustor's obligations under the Note, this Deed of Trust, and the Related <br />Documents, and (2) the liens and security fnterests created by this Deed of Trust es first and prior liens on the <br />Property, whether now owned or hereafter acquired by Trustor. Untess prohibited by taw or Lender agrees to the <br />contrery in writing, Trustor shall reimburse Lender for all costs and expenses incurred in connection with the <br />matters referred to in this paragraph. <br />Attorney-In-Fact. If Trustor fails to do any of the things referred to in the preceding paragraph, Lender may do so <br />for and in the name of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints <br />