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DEED OF TRUST <br />�continuect) 2 012 0 2 3 9 5 Page 4 <br />of Deed of Trust; (3) a tax on this type of Deed of Trust c�argeable agafnst the Lender or the holder of the Note; <br />and (4) a specffic tax on all or any portion of the Indebtedness or on payments of principal and interest made by <br />Trustor. <br />Subsequent Taxes. If any tax to whfch this sectlon applies is enaded subsequerrt to the date of this Deed of <br />Trust, this everrt shall have the sarne effect � an Everrt of Default, and Lender may exerdse any or all of its <br />available remedies for an Everrt of Default � provided below unless Trustor e(ther (1) pays the tax befone it <br />becorr�,s delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with <br />Lender cash or a sufficient corporate surety bond or other securlty satlsfactory to Lender. <br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisfons relating to this Deed of Trust as a <br />security agreement are a part of this Deed of Trust: <br />SecuHty Agreoment This instrument shall constitute a Security Agreement to the extent any of the Properly <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 />Security Interest Upon request by Lender, Trustor shall take whatever action is requested by Lender to pertect <br />and continue Lender's security interest in the Personal Properly. In addition to recording this Deed of Trust in the <br />real property records, Lender may, at any time and without further authorization from Trustor, flle executed <br />counterparts, copies or reproductlons of thls Deed of Trust as a financing statement. Trustor shall reimburse <br />Lender for all expenses incurced in perte�ting or continuing this security interest. Upon default, Trustor shall not <br />remove, sever or detach the Personal Property from the Properly. Upon default, Trustor shall assemble 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 wfthin three (3) days after receipt of written demand from Lender to the <br />extent permitted by applicable law. <br />Addrosses. The mailing addresses of Trustor (debtor) and Lender (secured party) ftom which informatfon <br />concerning the security interest granted by this Deed of Trust may be obtained (each as required by the Uniform <br />Commercial Code) are as stated on the flrst page of this Deed of Trust. <br />FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provfsions relaUng to further assurances and <br />attorney-in-fact are a part of this Deed of Trust: <br />Further Assurances. At any time, ar�d from Ume to Ume, upon request of Lender, Trustor wlll make, eacecute and <br />deliver, or will cause to be made, exea�ted or delivened, to Lender or to Lender's designee, and when r�equested by <br />Lender, cause to be filed, reoorded, refiled, or rereoorded, as the case may be, at such times and in such offlc�s <br />and places as Lender may deem approprlate, any and all such rr�rtgages, deeds of trust, security deeds, security <br />agreemerits, financing statements, corrtinuaUon statemerrts, instrumerrts of further assuranoe, certiflcates, and <br />other docx�merrts as may, in the sole opinion of Lender, be ne�ssary or desirable in order to effectuate, complete, <br />perFect, continue, or preserve (1) Trustors obflgations wider the Note, this Deed of Trust, ar�d the Related <br />Documerrts, and (2) the liens and security irrtere,sts aeated by this Deed of Trust on the Properly, whether now <br />owned or hereafter acquired by Trustor. UNess prohibfted by law or Lender agrees to the contrary in writing, <br />Trustor shall reimburse Lender for all c:osts and expense.s incurred in oonnection with the rrratters refemed to in this <br />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 e�erue. For such purposes, Trustor her�y iirevocably appoirrts <br />Lender a� Trustors attomey-in-fact for the purpose of making, executing, delivering, filing, necording, and doing all <br />other things as may be r�ary or desirable, in Lender's sole opinion, to accomplish fihe matters referred to in <br />the preceding paragraph. <br />FULL PERFORMANCE. If Trustor pays all the Indebtedness, induding without Iimitation all future advances, when due, <br />and otherwlse performs all the obligatlons imposed upon Trustor under this Deed of Trust, Ler�er shall execx�te and <br />deliver to Trustee a request for full reconveyance and shall execute and deliver to Trustor suffable statemerrts of <br />termination of any financing statemerrt on flle evidendng Lender's security interest in the Rerrts and the Peasonal <br />Property. Any reconveyanoe fee required by law shall be paid by Trustor, if permitted by applicable law. <br />EVENTS OF DEFAULT. At Lender's option, Trustor will be in defauit under this Deed of Trust if arry 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 prom(se 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 related to this Deed of Trust. <br />Compliance Default 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 />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 />False Statements. Any representation or statement made or fumished to Lender by Trustor or on TrustoPs 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 Collateraliration. 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 security interest or Ifen) at any <br />time and for any reason. <br />Death or Insolvency. 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 beneflt 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 Properly. Any creditor or govemmental agency tries to take any of the Property or any other of <br />Trustor's properly in which Lender has a lien. This includes taking of, gamishing of or levying on Trustor's <br />accounts with Lender. However, if Trustor disputes in good fafth whether the Gaim on which the taking of the <br />Property is based is valid or reasonable, and if Trustor gives Lender written notice of the claim and fumishes <br />Lender with monies or a surety bond satisfactory to Lender to satisfy the claim, then this default provision wfll not <br />appiy. <br />Breach of Other Agreement Any breach by Trustor under the terms of any other agreement between Trustor and <br />Lender that is not remedied within any grace period provided therein, including without limftation any agreement <br />conc�rning any indebtedness or other obligation of Trustor to Lender, whether existing now or later. <br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surery, <br />or accommodatlon party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party <br />dies or becomes incompetent, or revokes or disputes the validity of, or Ifability under, any Guaranty of the <br />Indebtedness. <br />Insecurity. Lender in good faith believes itself insecure. <br />