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DEED OF TRUST <br />Loan No: 10124701 � (C011tinued) 2 Q 110 8 7 7 6 Page 5 <br />Application of Net Proceeds. If all or any part of the Property is condemned by eminent domein proceedings or by <br />any proceeding or purchase in tieu of condemnetion, Lender may at its election require that ell or eny portion of the <br />net proceeds of the award be epplied to the Indebtedness or the repair or restoration of the Property. The net <br />proceeds of the ewerd shall mean the award after peyment of all reasonable costs, expenses, and ettorneys' 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 ere a pert of this Deed of Trust: <br />Current Texes, 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 ell taxes, as described below, together with all expenses <br />incurred in recording, pertecting or continuing this Deed of Trust, including without Iimitation all taxes, fees, <br />documentary stemps, and other charges for recording or registering this Deed of Trust. <br />Taxes. The following shall constitute taxes to which this section app8es: (1) e specific tex upon this type of <br />Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (2) e specific tax on <br />Trustor which Trustor is authorized or required to deduct nom peyments 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) a speciflc tax on atl or any portion of the Indebtedness or on payments of principal and interest made by <br />Trustor. <br />Subsequent Taxes. If any tex 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 m y exercise eny or ell of its <br />available remedies for an Event of Defeult as provided below unless Trustor either �(1) peys the tax before it <br />becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liehs section and deposits with <br />Lender cesh or a sufficient corporate surety bond or other security satisfactory to Lender. <br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating'Ito this Deed of Trust as e <br />security agreement are a pert of this Deed of Trust: <br />SecurFty 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 t�e Uniform Commercfal Code <br />as emended from time to time. <br />Security Interest. Upon request by Lender, Trustor shell take whatever action is requested by Lender to perfect <br />and continue Lender's security interest in the Rents and Personal Property. In eddition to recording this Deed of <br />Trust in the real property records, Lender may, at any time and without further au horization from Trustor, file <br />executed counterperts, copies or reproductions of this Deed of Trust as a financi g stetement. Trustor shall <br />refmburse Lender for all expenses incurred in perfecting or continuing this securlty int rest. Upon default, Trustor <br />shall not remove, sever or detach the Personal Property from the Property. Upon de ault, Trustor shall assemble <br />any Personal Property not effixed to the Property in a manner and at a place reasonat�ly convenient to Trustor end <br />Lender and make it eveilable to Lender within three (3) days after receipt of writtenl 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 es stated on the firat page of this Deed of Trust. <br />FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating o further assurances and <br />ettorney-in-fact are a pert of this Deed of Trust: <br />Further Assurances. At eny time, and from time to time, upon request of Lender, Trwstor 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, es the case may be, et such times end in such offices <br />and places es Lender may deem appropriate, any and all such mortgages, deeds of trlust, securfty deeds, security <br />agreements, finencing statements, continuation statements, instruments of further assurance, certificates, and <br />other documents as may, in the sole opinion of Lender, be necessery or des(rable in o der to effectuate, complete, <br />perfect, continue, or preserve (1) Trustor's obligations under the Note, this Dee,d of Trust, end the Releted <br />Documents, and (2) the liens and security interests created by this Deed of Trust 8s flrst and prior liens on the <br />Property, whether now owned or hereafter acquired by Trustor. Unless prohibited by' lew 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 paragraph. <br />Attorney-in-Fact. If Trustor fails to do eny of the things referred to in the preceding 'aragreph, Lender mey do so <br />for end in the name of Trustor and et Trustor's expense. For such purposes, Trusto hereby irrevocably appoints <br />Lender as Trustor's ettorney-in-fect for the purpose of making, executing, delivering, f ling, recording, end doing all <br />other things as mey be necessery or desirable, in Lender's sole opinion, to eccompli h the matters referred to in <br />the preceding paregraph. ' <br />FULL PERFORMANCE. If Trustor pays all the Indebtedness, including without limitation alt.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 Tr stor suitable stetements of <br />