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DEED OF TRUST 2 O�. 2 Q i 8$� <br />Loan No: 524517 (Continued) Page 4 <br />Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on <br />Trustor which Trustor is authorized or required to deduct from payments on the Indebtedness secured by this type <br />of Deed of Trust; (3) a tex on thls type of Deed of Trust chargeable against'the Lender or the holder ot the Note; <br />and (4) a specific tax on all or any portion of the Indebtedness or on peyments of principal and interest made by <br />Trustor. <br />Subsequent Taxes. If any tax to which this section epplfes is enacted subsequent to the date of this Deed of <br />Trust, this event shall have the same effect es an Event of Default, and Lender may exercise eny or all of its <br />available remedies for an Event of Default as provided below unless Trustor either (1) pays the tax before it <br />becomes delinquent, or (2) contests the tax as provided ebove In the Taxea and Uens section end deposits with <br />Lender cash or a sufficient carporete surety bond or other security setisfectory to Lender. <br />SECURITY AQREEMENT; FINANCING STATEMENTS. The following provisions releting to this Deed of Trust as a <br />security agreement are 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 perty under the Uniform Commercial Code <br />as amended from time to time. <br />Security 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 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 euthorization from Trustor, file <br />executed counterparts, copies or reproductions of thia Deed of Trust as a financing statement. Trustor shall <br />reimburse Lender for all expenses incurred in perfecting or continufng this security interest. Upon default, Trustor <br />shall not remove, sever or detach the Personel 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 reasonebly convenient to Trustor and <br />Lender and make it evailable to Lender within three (3) days after receipt of written demand from Lender to the <br />extent permitted by applicable law. <br />Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from wh(ch information <br />concerning the security interest granted by this Deed of Truat may be obtained (each as required by the Uniform <br />Commercial Code) are es stated on the first page of this Deed of Trust. <br />FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further essurances end <br />attorney-in-fact are e part of this Deed of Trust: <br />Further Assurences. At any time, and from time to tlme, 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 pleces 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 es may, in the sole opinion of Lender, be necessary or desireble in order to effectuate, complete, <br />perfect, continue, or preserve (1) Trustor's obligetions under the Note, this Deed of Trust, and the Related <br />Documents, and (2) the liens and security interests created by 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 Lender agrees to the <br />contrary in writing, Trustor shall reimburse Lender for ell costs and expenses incurred in connection with the <br />matters referred to in this peregraph. <br />Attorney-In-Fact. If Trustor tails to do eny of the things referred to in the preceding paragraph, Lender may do so <br />for and in the name of Trustor and at Trustor's expense. For such purposes, Trustor 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, including without limitation all future advances, when due, <br />and otherwise performs all the obligationa imposed upon Trustor under this Deed of Trust, Lender shell execute end <br />deliver to Trustee a request for full reconveyence end shall execute and deliver to Trustor suitable statements of <br />termination of any financing statement on file evidencing Lender's security interest in the Rents end the Personel <br />Property. Any reconveyance fee required by law shall be paid by Trustor, if permitted by applicable law. <br />EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed <br />of Trust: <br />PaymeM Default. Trustor falls to make any payment when due under the Indebtedness. <br />Othar Defaults. Trustor fails to comply with or to perform any other term, obligation, covenant or condition <br />conteined in this Deed of Trust or in any of the Related Documents or to comply with or to perform any term, <br />obligatlon, covenant or condition contained in any other agreement between Lender and Trustor. <br />Compliance Dafault. Failure to comply with any other term, obligation, covenant or condition contained in this <br />Deed of Trust, the Note or in any of the Related Documents. <br />Defeult 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 necessery to prevent filing of or to effect discherge of any lien. <br />Defauk In Favor of Third Partles. Should Grantor default under any loan, extension of credit, security egreement, <br />purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially <br />affect any of Grantor's property or Grsntor's ebility to repay the Indebtedness or Grantor's ability to perform <br />Grantor's obligations under this Deed of Trust or any of the Related Documenta. <br />False Statemerits. Any werranty, representation or statement mede or furnished to Lender by Trustor or on <br />Trustor's behalf under this Deed of Trust or the Releted Documents is false or misleading in any material respect, <br />either now or at the time made or furnished or becomea false or m(sleading at any time thereafter. <br />Dafectiva Collateralization. This Deed of Trust or any of the Related Documents ceasea to be in full force and <br />effect (including failure of any collateral document to create a valid and perfected security interest or Iien1 at any <br />tlme and for any reason. <br />Death or Insolvency. The death of Trustor, the insolvency of Trustor, the eppofntment of a receiver for any part of <br />Trustor's property, any easignment for the beneflt of creditors, eny type of creditor workout, or the <br />commencement of any proceeding under any bankruptcy or insolvency laws by or agalnst Trustor. <br />Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by Judiciel <br />proceeding, self-help, repossession or any other method, by any creditor of Trustor or by any governmental agency <br />against any property securing the Indebtednesa. This includes a garnishment of any of Trustor's accounts, <br />including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good feith <br />dispute by Trustor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture <br />proceeding and if Trustor gives Lender written notice of the creditor or forfelture proceeding and depoaits with <br />Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its <br />sole discretion, es being en adequate reserve or bond for the dispute. <br />R: a � °t � �` <_. <br />