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201200919 DEED OF TRUST Loan No: 10000758 (Continued) Page 4 Trust, this event shall 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 Trustor 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 bond or other security satisfactory to Lender. SECURITY AGREEMENT;. FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part of this Deed of Trust: Security Agreement. This instrument shall constitute a Security AgrOement 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,Trustor shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Personal Property. In addition Yo recording this Deed of TFUSt in the real property records, Lender may, at any time and without further authorization from Trustor, file executed counterparts, copies or reproductions of this Deed of Ttust as a financing statement Trustor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default,Trustor shall not remove, sever or detach the Personal Property from the Property. Upon defiault, Trustor shall assemble any . Personal Property not affixed to the Property in a mznner 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 the extent permitted by applicable law. Addresses. The mailing addresses of Trustor (dehtor) and Lender (secured party) from which information concerning the security interest granted by ihis Deed of Trust may be obtained (each as required by the Uniform Commercial Codel are as stated on the first page of this Deed of Trust. FURTHER ASSURANCES; ATTORNEY-IN-FACT. The foilowing provisions relating to fur[her assurances and attomey-in-fact are a part of this Deed of Trust: Further Assurances. At any time,and from time to time,upon request of Lender,Trustor will make,execute and deliver,or will cause to be made,executed or delivered,to Lentler or to Lender's desig�ee,antl when requested by Lender,cause to 6e 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 ail 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, continue, or preserve (1) Trustor's obligations under the Note, this Deed of Trust, and the Related Documents,and (7a � tYi.e liens and security interests created by this Deed of Trust on the Property,whether now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contra�y 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. For such purposes,Trustor hereby irrevocably appoints Lender as Trustor's attomey in-fact for the purpose of making,executing,deliveri�g,filing,recording,and doing all other things as may be necessary or desirable,in Lender's sole opinion,m accomplish the matters referred to in the preceding paragraph. FULL PERFORMANCE. If Trustor pays a0 the Indebtedness when due, and 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 of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by law shall be paid by TruStor,if permitted 6y applicable law. EVEIVTS OF DEFAULT. At Lender's option,Trustor wi{i be in default under this Deed of.Trust if any of the following happen: Payment Default. Trustor fails to make any payment when due under the Indebtedness. Break Other Promises. Trustor breaks any promise made to Lender or fails to perform promptly at the time and strictly in the manner provided in.this Deed of Trust or in any agreement related to this Deed of Trust. Compliance Default. Failure to comply with any other term, a6ligation, covenant or condition contained in this Deed of Trust,The Note or in any ot the Related Documents. Default on Other Payments. Failure of Trustor witliin 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 in Favor of Third Parties. Should Grantor defaWt under any loan,extension of credit,security agreement, purchase or sales agreement,or any other agreemen2,in favor of any other creditor or person tliat may materially affect any of GrantoPs property or Grantor's atiility to repay the Indebtedness or Grantor`s ability to perform Grantor's obiigations under this Deed of Trust or any of the Related Documents. . False Statements. Any representation or statement made or furnished to Lender by Trustor or on Trustor's behalf under this Deed of Trust or the Related Documents is false or misleading in any material respecU either now or at � the time made or furnished. � Defective Collateraliza5on. This Deed of Trust or any of the Related Documents ceases to be in full force and effect(including failure of any collateral document to create a valid and perfected security interest o�lien)at any time and for any reason. � Death or Insolvency. The death of Trustor,the insolve�cy of Trustor,the appointment of a rece+ver for any part of Trustor's property, any assignment for the benefit of creditors, any type of creditor wotkout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Trustor. Taking of the Property. Any creditor or governmental agency tries to take any of the Property or any other of Trustor's property in which Lender has a liert. This indudes taking of, gamishing of or levyirlg on Trustor's accounTS with Lendet. However, if Trustor disputes in good faith whether the claim on which the taking of the Property is based is valid or reasonable, and if Trustor gives Lender written notice of the daim a�d furnishes Lendet with monies or a surety bond satisfactory to Lender to satisfy the claim,then ihis default provision will not apply. Breach of Other Agreemerrt. Any breach by Trustor under the terms of any other agreement between Trustor and Lender that is not remedied within any grace period provided therein, including without limitati�on any agreement coneeming any indebtedness or other obligation of Trustor to Lender,whether existing now or later. EvenYS AfFecting Guarantor. Any of the preceding events occurs with respect to any guarantor,endorser,surety, or accommodation party of any of the Indebtedness or any guarantor, endorser,surety,or accommodation party dies or becomes incompetent, or revokes or disputes the validity ofi, or liability under, any Guaranty of the Indebtedness. Insecurity. Lender in good faith believes itself insecure.