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<br />•� � DEED OF TRUST 2 p 1� 0 8 7 3 9
<br />(Continued) Page 4
<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 raquest by Lender, Trustor shail 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 shali reimburse Lender for ali taxes, as described below, together with all expenses
<br />incurred in recording, perfecting or continuing this Deed of Trust, including without limitation all taxas, fees,
<br />documentary stamps, and other charges for recording or registering this Deed of Trust.
<br />Taues. The following shall constitute 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) a specific tax on
<br />Borrower which �orrower is authorized or required to deduct from payments on the Indebtedness secured by this
<br />type of Deed of Trust; (3) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the
<br />Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest
<br />made by Borrower.
<br />Subsequerrt 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 />available 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 and Lians section and deposits with
<br />Lender cash or a 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 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 shall have all of the rights of a secured party under the Uniform Commercial Code
<br />as amended from time to time.
<br />Security Interest. Upon request by Lender, Trustor shall take whatever action is requested by Lender to perfect
<br />and continue Lender's security interest in the Personal Property. In addition to recording this Deed of Trust in the
<br />real property records, Lender may, at any time and without further authorization from Trustor, file executed
<br />counterparts, copies or reproductions of this Deed of Trust as a financing statement. Trustor shall reimburse
<br />Lender for all expenses incurred in perfecting or continuing this security interest. Upon dafault, Trustor shall not
<br />remove, sever or detach the Personal Property from the Property. Upon default, Trustor shall assemble any
<br />Personal Property not affixed to the Property in a manner 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 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 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, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices
<br />and places 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, certificates, and
<br />other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, 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 hareafter acquired by Trustor. Unless prohibited by law or Lender
<br />agrees to the 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 />Attorney-in-Fact. If Trustor fails to do any 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 as Trustor's attorney-in-fact for the purpose of making, executing, dalivering, filing, recording, and doing all
<br />other things as may be nacessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in
<br />the preceding paragraph.
<br />FULL PERFORMANCE. If Borrower and Trustor pey all the Indebtedness, including without limitation all future
<br />advances, when due, and Trustor otherwise performs all the obligations imposed upon Trustor under this Deed of Trust,
<br />Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to Trustor
<br />suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents
<br />and the Personal Property. Any reconveyance fee required by law shall be paid by Trustor, if permitted by applicable
<br />law.
<br />EVENTS OF DEFAULT. At Lender's option, Trustor will be in default under this Deed of Trust if any of the following
<br />happen:
<br />Payment Default. Borrower fails to make any payment when due under the Indebtedness.
<br />Break Other Promises. Borrower or Trustor breaks any promise made to Lender or fails to pertorm promptly at the
<br />time and strictly in the manner provided in this Deed of Trust or in any agreement related to this Deed of Trust.
<br />Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this
<br />Deed of Trust, the Note or in any of the Related Documents.
<br />Default on Other Payments. Failure of Trustor within the time required by this Deed of Trust to make any payment
<br />for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien.
<br />False Statements. Any representation or statement made or furnished to Lender by Borrower or Trustor or on
<br />Borrower's or Trustor's behalf under this Deed of Trust or the Related Documents is false or misleading in any
<br />material respect, either now or at the time made or furnished.
<br />Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and
<br />effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any
<br />time and for any reason.
<br />Death or Insolvency. The death of Borrower or Trustor, the insolvency of Borrower or Trustor, the appointment of
<br />a receiver for any part of Borrower's or Trustor's property, any assignment for the benefit of creditors, any type of
<br />creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against
<br />Borrower or Trustor.
<br />Taking of the Property. Any creditor or governmental agency tries to take any of the Property or any other of
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