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201200523 <br /> DEED OF TRUST <br /> Loan No: 10001293 (CoiltillUed) Page 4 <br /> counterparts, copies or reproductions of this Deed of Trust as a financing statement. Trustor sfiall reimburse <br /> Lende�for all expenses incurred in perfecting or continuing this security interest. Upon default,Trustor shall not <br /> remove, sever or detach the Personal Property from the Property. Upon default, Trustor shall assembie 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) days after receipY of written demand from Lender to the <br /> extent permitted by appliCable law. <br /> Addresses. The mailing addresses of Trustor (de6tor) and Lentler (secured party) from which information <br /> wncerning the security interest g�anted 6y this Deed of Trust may be obtained (each as required by tfie Uniform <br /> Commercial Code1 are as stated on the first page of this Deed of Trust. <br /> FURTHER ASSURANCES; ATTORNEY-IN-FACT. The followi�g prwisions relating Yo 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 ordet to effectuate,complete, <br /> perfect, continue, or preserve (11 Trustor's obligations under the Note, this Deed of Trust, and the Releted <br /> Documents,and (2) the liens and security interests created hy this Deed of Trust as first and prior liens on the <br /> Property,whether now owned or hereafter acquired by Trustor. Unless�prohibited by law or�ender agrees to the <br /> contrary in writing, Trustor shall reim6urse 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 any of the things referred to in the preceding paragraph,Lender may do so <br /> For and in the name of Trustor and at Trustors expense. For such purposes,TrusYOr 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 /> - FULL PERFORMANCE. If Trustor pays all the Indebtedness when due, and otherwise performs all the obligations <br /> imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full <br /> reconveyance antl shall execute and deliver to Trustor suitable statements of termination of any financi�ng statement on <br /> file evidencing Lender's security interest in the Rents and the Personal Property. Any�econveyance fee required by law <br /> shall be paid by Trustor,if permitted by applicable law. <br /> EWEN7S OF DEFAULT. At Lender's opYion,Trustor wili be in default under this Deed of Trust if any of the following <br /> happen: <br /> Payment Default. Trustor fails to make any payment when due under the Indebtedness. <br /> Break Other Promises. Trustor breaks any promise made to Lender or fails to perform promptly at the time and <br /> strictly in the manner provided in this Deed of Trust or in any agreement�elated to this Deed of Trust. <br /> Compliance Default. Failure to comply with any other term, obligation, covenant Or condition conYained in this <br /> �eed of Trust,the Note orin 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 /> Default in Favor of Third Parties. Should Grantor default under any loan,e�ctension of credit,security agreement, <br /> purchase or sales agreement,or any other agreement,in favor of any otii.er creditor or person that may materially <br /> affect any of Grantor's property or Grantor's a6ility to repay the Indebtedness or Grantor's ability to perform <br /> Grantor's obligations under this Deed of Trust or any of the Related Documents. <br /> Fafse Statements. Any representation or statemeni made or furnished to Lender by Trusto�or on Trustor's behalf <br /> under this Deed of Trust or the Related Documents is false or misleading in any material respect,either now or at <br /> 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 5ecurity interest or lien) at any <br /> time and for any reason. <br /> Death or lnsolvency. The death of Trustor,the insolvency of Trustor,the appointment of a receiver for any part of <br /> Trustor's property, any assignment for the benefit of creditors, any type of creditor workout, or the <br /> commencement of any proceeding under any bankruptcy or insolvency laws by or against Trustor. <br /> Taking of the Property. Any creditor or governmental agency tries to take any of the Property or any othe�of <br /> Trustor's property in which Lender has a lien. This includes taking of, garnishing of or levying on Trusto.r's � <br /> accounts with Lender. However, if Trustor disputes in good faith whether the claim on which the taking of the <br /> Property is 6ased is valid or reasonable, and if Trustor gives Lender written notice of the claim and furnishes <br /> Lender With monies or a surety bond satisfiactory to Lender to satisfy the claim,then tMis default provision will not <br /> apply. <br /> Breach of Other Agreement.. Any breach by Trustor�nder the terms of any other agreement between Trustor and � <br /> Lender that is not remedied within any grace period provided therein,including without limitation any agreement <br /> � concerning any indebtedness n�other obligation of Trustor to Lender,whether existing now or later. <br /> E�ents Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor,endorser,surety, <br /> or accommodation party of any of the Indebted�ess or any guarantor, endorser,surety,or accommodation party <br /> dies or becemes incompetent, or revokes or disputes the validity ofi, or liability under, any Guaranty of the <br /> Indebtedness. - <br /> Insecurity. Lender in good faith believes itself insecure.. <br /> Right to Cure. if any default,other than a default in payment is curable and if Trustor has not been given a notice <br /> of a 6reach of the same provision of this Deed of Trust within the preceding twelve(12)months,it may be cured if <br /> Trustor,after Lender sends written notice to Trustor demanding cure of such defaultr (1� cures the default within <br /> twenty 120) days; or (2) if the cure requires more than twenty (20) days, immediately initiates steps which <br /> Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and <br /> completes all reasortable and necessary steps sufficient to produce compliance as soon as reasonably practical. <br /> RIGHTS AND REMEDIES ON�EFAULT. If an Event of DefauR occurs under this Deed of Trust,at any time thereafter, <br /> Trustee or Lender may exercise any one or more of the following rights and remedies: <br /> Acceleration Upon Default;Additional Remedies. If any Eve�t of Default occurs as per the terms of the Note <br /> secured he�eby,Lender may dedare all Indebtedness secured by this Deed of Trust to be due and payable and <br /> the same shall thereupon become due and payable without any presentment,demand,protest or notice of any <br /> kind. Thereafter,Lender may: <br />