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�oi�o7�s5 <br />DE�D 0� TRUST ' <br />{Con#i�ued} P�9� 4 <br />participation. <br />Apptication of A1et Proceeds. If ail or any paR of the Praperty is oandemned by eminent domain proceedings or by <br />any proceeding ar purchase in lieu of condemnation, Lender m�y ei its election require that all or any portian of the <br />net praceeds of the awerd bs apptied to the Indebtedness or the repair or resYOra#on of the Property, The net <br />proceeds of the award shalt mean tha award after payment af ap reasonabte custs, expenses, a�d attomeys' fees <br />+ncurred by Trustee or Lender tn connection wiih the condomnation. <br />1R+IPQSI7'ION OF TAXES, FEES AND CHAIiGES BY GpYERNMEiH'fAL AUTMQRITIES. The following provisions rel�ting <br />to govommerrtal taxes, fees and charges are a part of this Deed of Trust: <br />Currerrt Taxes, Fees aad Charges. Upan request by Lender, Trustor shall axecuie suah dacuments in addition to <br />this Deed of 7rust and iske whatever other action fs requested by Lender ia perfecfi and continuo Lender's lien on <br />the Real Property. Trustor shall reim6urse Lender for atl Yaxes, as described below, together with alt expenses <br />incurred in recording, pet'fecting ar continuing this Daed of Trust, including without limitatian all taxes, fees, <br />documentary stamps, and other charges far recording or registering this Qeed of Trust. <br />Ta�ces. Yhe folfowing shalE consdtute taxes to which this section �ppliss: iT? a specific tax upon this type of <br />Ueed af Tnest or upon a!I or any part of the Indebtedness secured by this Deed of 7rust; (2) a specific tax on <br />Trustor which 7rustor is authorized or required ta deduct from payments on the lndebtedness secured by this type <br />of Deed of Trust; t3) a tax on this type of Qeed of Trust ohargeable against the Lender or the holder of the Note; <br />and t4} a specific tax on all or eny portion of the Indebtedness or on payments of principal and interest made by <br />7rustor. <br />Su6sequent Taxes. If any iax to wvhiCh Yhis section applies is enacted subsequent to the daie of this Deed of <br />Trust, this evant shalt have the same effeei as an Event of Default, and Lender may exercise arry ar ali of its <br />available remedies for an Everrt ot Default as provided helow untess Trustar aither (T! paYs the tax before it <br />bsaomes delinquent, ar {2) cantests the tax as provided above irr the Taxes and Li�ns sectian and deposits with <br />Lender cash or a sufficierrt corporate surety bond or other security satisfactory ta Lender. <br />SECURI7Y AGR�EM�N7; FiNANCING 5TATEMEMTS. The follow�ng provisions reiating to tfiis D�ed of Trust as a <br />sacunty agrsement are a part of this Dc�ed ot 7rust: <br />Security Agreomerst. This insuumeni shali consdtute a Security Agreement to the extent any of the Properly <br />constitutes fixtures, and Lender shall have alt of the rigfits af a secured party under the Uniform Commercial Code <br />as amanded from time to time. <br />Securrty Interest. Upon request by tender, Trustar shatl take whatever action is requested by Lender to perteci <br />and continue Lender's securtty interest in the Rents and Personal Property. In addition to reco�ding this Deed of <br />Trust in the reat property records, Lender may, at any time and �,vithout further authorizaUOn from Trustor, file <br />exacuted caunterparts, capies or reproductions of this Deed of Trust as a financing statemerrt. Trusiar shall <br />reimburse Lender for alI expenses incuned in perfecting or continuing this security irrterest. Upon default, Trustor <br />shail not remove, sever or detach the Personal Property 4rom the Property. Upon defauit, Trustor shatl assemble <br />a�y Personal Property not affixed to the Praperty in a manner and at a place reasonably convenient to 7rustor and <br />Lender and make it available to l.ender within three t3l days after feceipx of writtan demand from Lender to the <br />extent permitted by appiicable law. <br />Addresses. The mailing addresses of Trustor idetator► a�d Lender {sscured pariy) from which information <br />conceming the securiiy interest granted by this Deed of Trust may be obtained (each as reyuired by the tJniform <br />Commercial Code) are as stated on the first page of this Qeed of Trust. <br />FURTHER ASSURAiVCES; A770RNEY-tN-FACT. The fo{lawing provisions relating to further assurances and <br />attomey-in-fact ere a part of this Oec3d of Trust: <br />Fnrthar Assurances. At any Lime, and from time to time, upan request of Lender, Trustor will make, exeoute and <br />deliver, or will cause to be made, sxecuted or delivered, to Lander or to l.ender's designoe, and whan requssted by <br />Lender, aause to be filed, recorded, refited, ar rerecorded, as the case may be, at such times and in such affices <br />and places as Lender may deem appropriate, any and all suoh mortgages, deecfs of t�ust, security deeds, security <br />sgreements, financing statements, cantinuaaan statements, instruments of �Fur[her assurance, aert+ficates, and <br />othet doaumenis as may, in Yfie sole opinion af Lender, be necessary or desirab(e in arder to effectuate, complete, <br />perPect, continue, or p�eseroe i7) 7rustor's obligations under the Rloxe, this Desd of Trust, and the Related <br />Documents, and (2y the Iiens and security interests created by this Daed of Trust as first and prior liens on the <br />Propercy, whether now owned or hareafter acquired by Trusto�. Untess prohibited by law or Lender agraes to the <br />contrary in writing, Trustor shall reimburse Lender for ail costs and expettses incurred in conneciion with the <br />matters referred ta in this paragraph. <br />Attomey-in-Fact. tf Trustor faits to do any of the things referred to in the pteaeding paragraph, Lender may do so <br />far and in fiho name of 7rustor and at Tnisiar's expense. For such purpases, Trustor hereby inevoca6ty appoints <br />Lender as Trustor's attorney-in-fact far the purpose of making, exeouYing, deliverinq, fiEing, recording, and doing al1 <br />other things as rrray be neoessary or desirable, in Lender's sole opinion, to accomplish the matters referrod to in <br />the preced'mg paragraph. <br />FUL[. PERFQRflAANCE. If TrusYor pays all the Indebtedness, including without limitation ail future aduances, when due, <br />and othenroise perForms a11 rhe obiigations imposed upon Tn.istor under this Deed of Trust, Lender shatl execute and <br />deliver to Tn,stae a request for fult reconveyanae and sha{I execute and deliver to Trustor suitablo statements uf <br />termination of any financing statement on fite evidencing Lender's secutity interest in the Rents ared tha Personal <br />Property. Any reconveyance fee required by taw shail be paid by Trustor, if permitCed by applicable taw. <br />EIIFJHTS OF DF.FAULT. Each of the follov+ring, at Lsnder's aption, shatl constitute an £vent of Qefault u�der this fleed <br />of Trust: <br />Paymant Dafauit. Trustor fails to make any paymeni when due under the lndebtednass. <br />Other Defaulis. 7rustor f8ils to camply with or to perform arry other term, obEigatian, covenant or aondition <br />cantained in this Deed of Trust ar in any of the Retated Aocumertts or to camply with or Yo parform any term, <br />abligation, covenant or condition caraainad in any other agreemeni between I,.ender and Trustor. <br />Compleance Dofault. Failure to camply with any athcar term, obiigation, covenant or condiUO� caniained in this <br />Deed of Trust, the Nate or in any of the Related Documents. <br />Default on Other Payme�. Failure of Trusxar within the time required by this Deed of Tcust to make any payment <br />for taxes or insurance, or any �ther paymen2 necessary to prevent filing of or to effect discharge of any fien. <br />Detault in Favor of Third Parties. Shoutd Grantor default under any Ioan, extensian of credit security agraement <br />purchase or saies agreemer�t, or any oiher agreement, in favor of any other creditor or person thst may materially <br />affset any of Grantor's property or Grantor's abitity to repay the Indebcedness ar Grarrtar's ability to porform <br />Grantor's obligations under this Deed of Trust or any of the Related Documents. <br />False Statemerns. Any warranty, representation or statement made or fumished ta Lender by Trustor or on <br />Trustor's bohalf under this Deed of Trusr or ihe Related Dacuments is false or misteading in any material respeot, <br />either now or at the tirete made or tumished or becomes fatse or misleading at any time thereafter. <br />\ � <br />� <br />