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• -' 1 �',; " ;j <br />t; I i : �. : '" <br />Loan No: 104245669 <br />DEED OF TRUST <br />(Continued) <br />, r, , _ <br />�o�.�o�r3�� Page5 <br />Lender such instruments and documentation as may be requested by Lender from time to time to permit such <br />participetion. <br />Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain praceedings or by <br />any proceeding or purchase in lieu of condemnation, Lender may at its election require that all 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 awerd shall mean the eward efter 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 GOVERNMENTAL AUTHORITIES. The following provisions releting <br />to governmental taxes, fees and charges are a part of this Deed of Trust: <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 and continue Lender's lien on <br />the Real Property. Trustor shall reimburse Lender for all texes, 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, and other charges for recording or registering this Deed of Trust. <br />Taxes. The following shall constltute taxes to which this section applies: (1) a specific tax upon this type of <br />Deed of Trust or upon all or eny part of the Indebtedness secured by this Deed of Trust; (2) e specific tex 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 chargeable against the Lender or the holder of the Note; <br />and (4) e specific tax on all or any portion of the Indebtedness or on payments of principel 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 an Event of Default, and Lender may exercise any or all of its <br />availeble remedies for an Event of Default as provided below unless Trustor either (1) pays the tax before it <br />becomes delinquent, or (2) contests the tax as provided above in the Taxes end Liens section and deposits with <br />Lender cash or e sufficient corporate surety bond or other security satisfactory to Lender. <br />SECURITY AGREEMENT; 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 />Securlty Agreemerrt. This instrument shall constitute a Security Agreement to the extent any of the Property <br />constitutes fixtures, and Lender shall have all of the rights of a secured perty under the Uniform Commercial Code <br />as emended from time to time, <br />Security Interest. Upon request by Lender, Trustor shall teke whetever action ls requested by Lender to pertect <br />and continue Lender's security interest in the Rents and Personat Property. In addition to recording thls Deed of <br />Trust in the real property records, Lender may, at any time end without further euthorization from Trustor, file <br />executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Trustor shall <br />reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon defeult, Trustor <br />shall not remove, sever or detech the Personal Property from the Property. Upon default, Trustor shell assemble <br />any Personal Property not effixed to the Property in a manner and at a plece reasonably convenient to Trustor and <br />Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the <br />eutent permitted by applicable law. <br />Addresses. The mailing addresses of Trustor (debtor) and Lender (secured perty) from which information <br />concerning the security interest granted by this Deed of Trust may be obteined (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 relating 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 made, executed or delivered, to Lender or to Lender's designee, and when requested by <br />Lender, ceuse to be filed, recorded, refiled, or rerecorded, es the case may be, at such times end in such offices <br />and pleces as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security <br />agreements, financing statements, continuation statements, instruments of further assurance, certificetes, and <br />other documents as may, in the sole opinion of Lender, be necessary or desireble in order to effectuate, complete, <br />perfect, continue, or preserve (1) Trustor's obligetions under the Note, this Deed of Trust, and the Related <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 ecqufred by Trustor. Unless prohibited by law or Lender agrees to the <br />contrary in writing, Trustor shall reimburse Lender for all costs and expenses incurred in connection with the <br />matters referred to in this paregraph. <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 end in the name of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints <br />Lender as Trustor's attorney-in-fact for the purpose of making, executing, delivering, filing, recording, and doing all <br />other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in <br />the preceding paragraph. <br />