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DEED OF TRUST �; Q i��'� 7 O� <br />Loan No: 101244688 ` ' (Continued) Page 5 <br />Applicetion of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by <br />any proceeding or purchese in lieu of condemnation, Lender may at its election require that all or any portion of the <br />net proceeds ot the eward be applied to the Indebtedness or the repair or restoretion of the Property. The net <br />proceeds of the award shall mean the award efter payment of all reasoneble costs, expenses, and attorneys' fees <br />incurred by Trustee or Lender in connection w(th the condemnetion. <br />IMPOSI7101V OF TAXES, FEES AND CHARGES BY GOVERNMENTAL QUTHORITIES. The following provisions relating <br />to governmental taxes, fees and charges are e pert of this Deed of 7rust: <br />Current Taxes, Fees and Charges. Upon request by Lender, Trustor shall execute such documents in addition to <br />this Deed of Trust and take whatever other action is requested by Lender to perfect end continue Lender's lien on <br />the Real Property. Trustor shall reimburse Lender for all texes, as described below, together wlth al! expenses <br />incurred in recording, perfecting or continuing this Deed of Trust, includtng without limitation all taxes, fees, <br />documentary stamps, and other chargea for recording or registering this Deed of 7rust. <br />Taxas. The followfng shall constitute taxes to which this section applies: (1) e apecific tex upon this type of <br />Deed of Trust or upon all or any part ofi the Indebtedness secured by thls Deed of Trust; i21 e specific tax on <br />Trustor which Trustor is authorized or required to deduct from payments on the Indebtedness secu�ed by this type <br />of Deed of Trust; (3) a tex on this type of Deed of Trust chargeable against the Lender or the holder of the Note; <br />and (4) a specific tax on alt or any port3on of the lndebtednesa or on payments of principal and interest made by <br />Trustor. <br />Subsequent Taxes. If any tax to which this section epplies is enacted subsequent to the date of this Deed of <br />Trust, this event shalf have the same effect as an Event of Default, and Lender may exercise any or all of its <br />available remedies for an Event of Default as provided below unles� Trustor either (1) pays the tax before it <br />becomes delinquent, or (2) contests the tax es provided above in the Taxes and Liens section and deposits with <br />Lender cesh or a sufficient corporete surety bond or other security satlsfactory to Lender. <br />SECURITY AGREEMEWT; FINANCING STATEMENTS. The fo!lowing provlslons relating to this Deed of Trust as a <br />security agreement are a part of this Deed of Trust: <br />Security Agreement. This Instrument shall constitute a Security Agreement to the extent any of the Property <br />constitutss fixtures, and Lender shall heve all of the rights of a secured party under the Uniform Commercial Code <br />as amended from time to tlma. <br />Securlty lnterest. Upon request by Lender, Trustor shall take whetever action is requested by Lender to pe�fect <br />and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Deed of <br />Trust (n the reaf property records, lender may, at any tfine end without further authorization from Trustor, file <br />exacuted counterparts, copies or reproductions of this Deed of Trust es a financing statement. Trustor shall <br />reimburse Lender for all expenses incurred in perfecting or contlnuing this security interest. Upon defauft, Trustor <br />shatl not remove, sever or detach the Personal Property trom the Property. Upon defeult, Trustor shall assemble <br />any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Trustor and <br />Lender and make it aveilable to Lender within three (3) days eftar receipt of written demand from Lender to the <br />extent permitted by applicable law. <br />Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which information <br />concerning the security interest granted by this Deed of Trust may be obtained (each as required by the Uniform <br />Commercial Code) are as stated on the first page of this Deed of T�ust. <br />FURTHER ASSURANCES; ATTORIYEY-IIV-FACT. The following provtsfons relating to further assurances and <br />attorney-in-fact are a part of this Deed of Trust: <br />Further Assurances. At any time, and ftom time to time, upon request of Lender, Trustor will make, execute and <br />deliver, or will cause to be mede, exacuted or delivered, to Lender or to Lender's designee, end when requested by <br />Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, et such times end in such offices <br />and places as Lender maq deem appropriete, any and all such mortgages, deeds of trust, security deeds, security <br />agreements, finencing stetements, continustion statements, instruments of further assurance, certificetes, and <br />other documents as may, in the sole opinion ot Lender, be necessery or desirable in order to effectuate, complete, <br />perfect, continue, or preserve (1) Trustor's obligations under the Note, this Deed of Trust, and the Releted <br />Documents, and (2) the liens and security interests created by this Deed of Trust as first and prior liens on the <br />Property, whether now owned or hereafter ecquired by Trustor. Unless prohibited by law or Lender agrees to the <br />contrary in writing, Trustor shell reimburse Lender for etl costs and expenses incurred in connection with the <br />matters referred to in this paragraph. <br />Attorney-tn-Fact. If Trustor fails to do eny 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 eppoints <br />Lender es Trustor's attorney-in-fact for the purpose of making, executing, delivering, filing, recording, and doing all <br />other things as mey be necessary or desirabls, in l.ender's sole opinion, to accomplish the matters referred to in <br />the preceding paragraph. <br />FULL PERFORMANCE. If Trustor pays all the Indebtedness, including without Ifmitation all future advances, when due, <br />and otherwise performs all the obligetions imposed upon Trustor under this Deed of Trust, Lender shall execute and <br />deliver to Trustee a request for ful! reconveyance and shall execute and deliver to Trustor suiteble statements of <br />