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DEED OF TRUST <br />Loan No: 1012469�F7 .. ,�,,. (Continued) 2 0 9.10 8 7 7 7 page 5 <br />may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be <br />represented in the proceeding by counsel of its own choice, and Trustor wlll deliver or cause to be delivered to <br />Lender such instruments and documentation as may be requested by Lender from time to time to permit such <br />perticipation. <br />Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by <br />eny proceeding or purchase in lieu of condemnation, Lender may et its election require thet ell 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 award shell mean the eward after payment of all reasonable costs, expenses, and attorneys' fees <br />incurred by Trustee or Lender in connection with the condemnation. <br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The followfng provisions releting <br />to governmental taxes, fees end 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 teke 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 taxes, es described below, together with all expenses <br />incurred in recording, perfecting or continuing this Deed of Trust, including without Iimitation ell taxes, fees, <br />documentary stamps, and other charges for recording or registering this Deed of Trust. <br />Taxes. The following shall constitute texes to which this section applies: (7) a specific tax upon this type of <br />Deed nf Trust or' upon all or eny part of the tndebtedness secured by this Deed of Trust; 12) a specific tax on <br />Borrower which Borrower 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 speciflc tex on all or any portion of the Indebtedness or on payments of principal and interest <br />made by Borrower. <br />Subsaquant Taxes. If any tax to which this sectfon applies ia enacted subsequent to the date of this Deed of <br />Trust, this event shall have the seme effect es en Event of Defeult, and Lender may exercise any or all of its <br />available remedies for an Event of Default as provided below unless Trustor either (1) peys the tax before it <br />becomes delinquent, or (2) contests the tax es provided above in the Taxes end Liens 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 es a <br />security egreement ere 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 />Sacurity 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 Rents end Personel Property. In addition to recording this Deed ot <br />Trust in the real property records, Lender may, et any time and without further authorization from Trustor, file <br />executed counterparts, copies or reproductions of this Deed of Trust as a financing stetement. Trustor shali <br />reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Trustor <br />shall not remove, sever or detech the Personal Property from the Property. Upon default, 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 avaflable to Lender within three (3) days efter receipt of written demand from Lender to the <br />extent permitted by applicable lew. <br />Addresses. The meiUng addresses of Trustor (debtor) end Lender (secured party) from which informetfon <br />concerning the security interest granted by this Deed of Trust may be obtained (each es 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 followirtg provisions relating to further assurances and <br />attorney-in-fect are e part of this Deed of Trust: <br />Further Assurances. At any time, end 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 cese may be, at such times and in such offices <br />and places as Lender may deem appropriate, any and all such mortgeges, 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 desireble in order to effectuete, 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, end (2) the liens end security interests created by this Deed of Trust as first and prior <br />liens on the Property, whether now owned or hereafter acquired by Trustor. Unless prohibited by lew 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 />Attomey-in-Fact. If Trustor fails to do any of the things referred to in the preceding paragraph, Lender mey do so <br />tor 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 ineking, executing, delivering, filing, recording, end doing all <br />other things as may be necessary or desirable, in Lender's sole opinion, to eccomplish the mattera referred to in <br />