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, , DEED OF TRUST 2 d i�. O S�. �� <br />Loan No: 101245912 (Continued) Page 5 <br />Appltcadon of Net Proceeds. If ell or any part of the Property is condemned by eminent domein proceedings or by <br />any proceeding or purchase in lieu of condemnation, Lender may at its election require tf�at all or any portion of the <br />net proceeds of the eward be epplied to the Indebtedness or the repeir or restoration of the Property. The net <br />proceeds of the award shall mean the award aiter payment of all reasonable costs, expenses, end attorneys' fees <br />incurred by Trustee or Lender in connection with the condemnation. <br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERIYMENTAL AUTHORITIES. The following provisions relatirtg <br />to govarnmental taxes, fees and charges are a part of thls Deed of Trust: <br />Current Taxes, Fees and Chsrges. 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 and continue lender's lien on <br />the Reaf Proparty, Trustor shall reimburse Lender for all taxes, as described below, together with all expenses <br />incurred in recording, perfecting or continuing this Deed of Trust, including without limitation all taxes, fees, <br />documentary stamps, end other charges for recording or registering this Deed of Trust. <br />Taxes. The following shall constitute taxes to which this section applies: i1) a specific tax upon this type of <br />Deed of Trust or upon all or eny part of the Indebtedneas secured by this Deed ot Trust; (Z) a specific tax on <br />Trustor which Trustor is authorized or required to deduct from payments on the Indebtedness secured by this type <br />of Deed of Trust; (3) a tax on this type of Deed of Trust chergeable against the Lender or the holder of the Note; <br />and (41 a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by <br />Trustor. <br />Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of <br />Trust, this event shall have the same effect as en Event of Default, and Lender mey exercise any or all of its <br />avaflable remedies for an Event of Default as provided below unless Trustor either (1) pays the tex before it <br />becomes delinquent, or (2) contests tha tax as provided ebove in the Texes and Liens section end deposits with <br />Lender cash or a sufficteni corporate surety bond or other security satisfactory to Lender. <br />SECURITY AGREEMENT; FINANCING STATEMENTS. The foNowing provisions 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 />constitutes fixtures, and Lender shell have all of the rights of a secured party under the Uniform Commercial Code <br />as amended from time to time. <br />Security tnterest. Upon request by Lender, Trustor shall take whatever ection is requested by Lender to perfect <br />and continue Lender's security interest in the Rents and Personel Property. In addition to recording this Deed of <br />Trust in the real property records, Lender may, at any time and without further authorization from Trustor, tile <br />execut�d counterparts, copies or reproductions of this Deed of Trust as a financing statement. Trustor shall <br />reimburse Lender for all axpenses incurred in perfecting or continuing this security interest. Upon default, Trustor <br />shell not remove, sever or detach the Personal Property from the Property. Upon detault, Trustor shall assemble <br />any Personal Property not affixed to the Property in a menner and at a place reasonably convenient to 7rustor and <br />Lender and make it aveilable to Lender within three (3) days after recefpt 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 grented 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 Trust. <br />FURTHER ASSURANCES; ATTORNEY-IIV-FACT. The following provisions relating to further assurances and <br />attorney-in-tact are a part of thls 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 wiil cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by <br />Lender, cause to be fi(ed, recorded, refiled, or rerecorded, es the case may be, at such times and in such oftices <br />and places as Lender may deem appropriate, any and all such mortgages, daeds of trust, security deeds, security <br />agreements, financing statements, continuation statements, instruments of further assurence, certificates, and <br />other documents es may, in the sole opinion of Lender, be necessary or deslrable in order to effectuate, compiete, <br />perfect, continue, or preserve (1) Trustor's obligetions under the Note, this Daed of Trust, and the Related <br />Documents, and (2) the liens and security interests created by this Deed of Trust es first and prior liens on the <br />Property, whether now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the <br />contrary in writing, Trustor shall reimburse Lender for ell 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 paregraph, Lender may do so <br />for and in the name of Trustor and et Trustor's expense. For such purposes, Trustor hereby irrevocebly appoints <br />Lender as Trustor's attorney-in-fact for the purpose of making, executing, delivering, filing, recording, and doing a(I <br />otf�er things as may be necessary or desirabie, in Lender's sole opinion, to accomplish the matters referred to in <br />the preceding paragraph. <br />FULL PERFORMANCE. If Trustor pays ell the Indebtedness, including without limitation all future advances, when due, <br />and otherwise performs all the obligations imposed upon Trustor under this Deed of Trust, Lender shall execute and <br />deliver to Trustee a request for full reconveyance and shall execute and deliver to Trustor suitable statements of <br />