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`,,.�, °, �� ,'' DEED OF TRUST w 0� 10 618 5 <br />Loan No: 101244205 (Continued) Page 5 <br />CONDEMNATION. The following provisions relating to condemnetion proceedings are e part of this Deed of Trust: <br />Proceedings. If any proceeding in condemnetion is filed, Trustor shall promptly notify Lender in writing, and <br />Trustor shall promptly take such steps as mey be necessery to defend the ection and obtain the eward. Trustor <br />mey be the nominal party in such proceeding, but Lender shell be entitled to participate in the proceed'+ng and to be <br />represented in the proceeding by counsel of its own choice, and Trustor wlll deliver or ceuse to be delivered to <br />Lender such instruments and documentation as mey be requested by Lender from time to time to permit such <br />participation. <br />Appltcation of IVet Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by <br />any proceeding or purchase in Ileu of condemnation, Lender may at its election requlre that ell or any portion of the <br />net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net <br />proceeds of the award shall mean the award after peyment of all reasonable costs, expenses, and attorneys' fees <br />incurred by Trustee or Lender in connection with the condemnation. <br />IMPOSfT10N OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provislons relating <br />to governmentel taxes, fees end charges are a part of this Deed of Trust: <br />Current Taxes, Fees end Chatges. Upon requast by Lender, Trustor shall execute such documents in addition to <br />this Deed of Trust end take whatever other ection is requested by Lender to perfect end continue Lender's lien on <br />the Real Property. Trustor shall reimbursa Lender for all taxes, as described below, together with all expenses <br />incurred in recording, petfecting or conUnuing this Daed of Trust, including without limitation ali texes, fees, <br />documentary stamps, end other charges for recording or registering this Deed of Trust. <br />Texes. The following shall constitute taxes to which thls section applies: (1) e specific tax upon this type of <br />Deed of Trust or upon all or amr part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on <br />Borrower which Borrower is euthorized or required to deduct from payments ort the Indebtedness secured by this <br />type of Deed of Trust; (3) a tax on this type of Deed of Trust chargeable ageinst the Lender or the holder of the <br />Note; end (4) e specific tsx on a{{ or any portion of the Indebtedness or on peyments of principel and interest <br />mede by Borrower. <br />Subseque�rt Taxes. It any tax to which this section applies is enacted subsequent to the date of this Deed of <br />Trust, this event shall have the seme effect as an Event of Default, and Lender may exercise any or all of its <br />avaitable remedias for an Event of Defeult as provlded below unless Trustor efther (1) pays the tax before it <br />becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with <br />Lender cash or e sufficient corporate surety bond or other security satisfactory to Lender. <br />SECURITY AQREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a <br />security egreement are a part of this Deed of Trust: <br />Security Agreement. Thls instrument shall constitute e Sacurity Agreement to the extent any of the Property <br />constitutes fixtures, end Lender shall have all of the rights of a secured parry under the Uniform Commercial Code <br />as amended from time to time. <br />Security Interest. Upon request by Lender, Trustor shell take whatever action is requested by Lender to perfect <br />and continue Lender's security interest in the Rents and Personal Property. ln eddition to recording this Deed of <br />Trust in the real property records, Lender may, at any time and without further authorization from Trustor, file <br />executed counterparts, copies or reproductions of this Deed of Trust as a finencing statement. Trustor shall <br />reimburse Lender for all expenses incurred in perfecting or continuing this security lnterest. Upon default, Trustor <br />shalt not remove, sever or detach the Personal Property from the Properry. Upon default, Trustor shall essemble <br />any Personal Property not affixed to the Property in a menner and at a place reasonably convenient to Trustor and <br />Lender and make it available to Lender within three (3) deys after receipt of written demend irom Lender to the <br />extent permitted by eppliceble law. <br />Addresses. The mailing addresses of Trustor (debtor) and Lender (secured perty) from which information <br />concerning tha security interest granted by this Deed of Trust may be obtainad (each as required by the Uniform <br />Commercial Code) are as stated on the first page of this Deed of Trust. <br />FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions releting to further assurances and <br />attorney-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 mede, executed or delivered, to Lender or to Lender's designes, and when requested by <br />Lender, cause to be filed, recorded, refiled, or rerecorded, es the cese may be, at such times and in such offices <br />and ptaces as Lender may deem eppropriate, any and all such mortgages, deeds of trust, security deeds, security <br />agreements, financing statements, continuetion statements, instruments of further assurance, certificates, and <br />other documents as mey, in the sole opinion of Lender, be necessary or desirable in order to effectuete, complete, <br />perfect, continue, or preserve (1) Borrower's and Trustor's obligations under the Note, this Deed of Trust, and <br />the Related Documents, and (2) the liens and security interests created by this Deed of Trust as first and prior <br />liens on the Property, whether now owned or hereafter acquired by Trustor. Unless prohibited by lew or Lender <br />agrees to tfis contrary in writing, Trustor shall reimburse Lender for all costs and expenses incurred in connection <br />with the matters referred to in this paragraph. <br />