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� � 201108799 DEED OF TRUST Loan No: 10000691 (COntltlUed) Page 4 net proceeds of the award be applied to the indebtedness or the repair or restoration of the Property. The net . proceeds of the award shall mean the award after payment of all reasonable costs,expenses,and attomeys'fees incurred by Trustee or Lender in connection with the condemnation, IMPOSITION OF TAXES,FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to govemmental taxes;fees and charges are a part of this Deed of Trust: Current Ta�ces, Fees and Charges_ Upon request by Lender,Trustor shall execute such documents in addition to this Deed of Trust Snd take whatever other action is requested by Lender to perfect and continue LendePs lien on the Real Property. Trustor shall reimburse Lentler for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed of Trust, induding without limitation all taxes, fees, documentary stamps,and other charges for recording or Yegistering this Deed of Trust. Tazes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on -Borrower which 6orrower is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (3) a tax on this type of Deed of Trust chargeable against the Lender orthe holder of the Note; and ('1-) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Borrower. Su6sequent Taxes. If any tax to which ttiis section applies is enacted subsequent to the date of this Deed of Trust, this event shail have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Trustoh either (1) pays the tax before it becomes delinquent,or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety 6ond or other security satisfactory to Lender. SECURITY AGREEMfNT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a sacurity agreement are a part of this Deed oi Trust: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures,and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender,Trusto�shall take whatever action is requested by Lender to perfect and co�tinue Lender's security interest in the Personal Property. In addition to recording this Deed of Trust in the real property records, Lender may, at any time and without further authorization from Trustor, file executetl counterparts, copies or reproductions of this Deetl of Trust as a financing statement. Trustor shall reimburse - � Lentler for all expenses iocurred in perfecting or continuing this security interest. Upon default,Trustor shall not remove; sever or detach the Personal Property from the Property. Upon default, Trustor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Trustor and Lender and make it available to Lender within three(3)days after receipt of written demand from Lender to tfie � extent permitted by applicable law. Addresses. The mailing addresses of Trustor (debtor) and Lender (securetl party) from which information conceming the security interest granted by this Deed of Trust may be obtained (each as required by the Unifiorm Commercial Code)are as stated on the first page of this Deed of Trust. FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of this Deed of Trust: Further Assurances. At any time,and from time io time,upon request of Lender,Trustor will make,execute and deliver,or will cause to be made,executed or delivered,to Lender or to Lender's designee,and when requested by Lender, cause to be filed,recorded,refiled,or rerecorded,as the case may be,at such times and in such offices and places as Lender may deem appropriate,any and all such mortgages,deeds of trust,security deeds,security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may,in the sole opinion of Lender,be�necessary or desirable in order to effectuate,complete, perfect,coMinue,or preserve (1) Borrower's and Trustor's obligations urtder the Note,Yhis Deed of Trust, and the Related Documents,and (21 the liens and security interests created by this Deed of Trust as first and prior liens on the Property,whether now owned or hereafter acquired by Trustor. Unless prohi6ited by law or Lender agrees to the contrary in writing,Trustor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Attorney-in-Fact. If Trustor fails to do any of the things referred to in the preceding paragraph,Lender may do so for and in the name of Trustor and at Trustor's expense. FoY such purposes,Trustor hereby irrevocably appoints Le�der as Trustor's attorney-in-fact for the purpose of making,executing,delivering,filing,recording,and doing all other things as may be necessary or desirable,in Lender's sole opinion,to accomplish the matters referred to in the preceding paragraph. FULL PERFORMANCE. If Bor�ower and Trustor pay all the Inde6tedness when due,and Trustor otherwise performs all the obligations imposed upon Trustor under this Deed of Trust,Lender shall execuTe and deliver to Trustee a request for full reconveyance and shall execute and deliver to Trustor suitable statements ofi termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Proper[y. Any reconveyan�ce fee required by law shall be paid by Trustor,if permitted by applicable law. EVENTS OF DEFAULT. At Lender's option,Trustor will be in default under this Deed of Trust if any of the following happen: Payment Default. Borrower fails to make any payment when due under the Indebtedness. Break Other Promises. Borrower or Tn�stor�breaks any promise made to Lender or fails to perform promptly at the � time and strictly in the manner provid�ed in this Deed of Trust or in any agreement felated to this Deed of Trust. Compliance Defauk. Failure m comply with any other term, o6ligation, covenant or condition arntained in fhis Deed of Trust,2he Note or in any of the Related Documents. - Defauli on Other Payments. Failure of Trustor witfiin the time required by this Deed of Trust to make any payment for taxes or insurance,or any other payment necessary to prevent filing of or to effect discharge of any lien. Default fn Favor of T6ird Parties. Should Borrower or any Grantor default under any loan, extension of credit, security agreement,purchase or sales agreement,or any other agreement,in favor of any other creditor or person that may materially affect any of Borrower's or any Grantor's p�operty or Borrower's ability to repay the Inde6tedness or Borrower's or Grantor's ability to perform their respective oblig:ations under this Deetl of Trust or any of the Related Documents. False Statements. Any representation or statement made or fumished to Lender by Borrower or Trustor or on Borrower's or Trustor's behalf under this Deed of TrusY or the Related Documents is false or misleading in any material respect,either now or at the time made or furnished. � Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force antl effect(including failure of any collateral document to create a valid and perfected security interest or lien)at any time and for any reason. . rarA'+, �'�