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. � ,� . <br />Loan No: 101252809 <br />DEED OF TRUST 2 012 0 3 9�� <br />(Continued) <br />Page 5 <br />Security Agreemerrt. This instrument shall constitute a Security Agreement to the extent any of the Property <br />constitutes flxtures, and Lender shall have all of the rights of a secured parry 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 Personal Property. In eddition to recording this Deed of Trust in the <br />real property recorda, Lender may, at any time and without further authorization from Trustor, file executed <br />counterperts, copies or reproductions of this Deed of Trust as a financing statement. Trustor shall reimburse <br />Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Trustor shell not <br />remove, sever or detach the Personal Property from the Properry. Upon default, Trustor shall assemble any <br />Personel Property not affixed to the Property in a manner and at a place reasonably convenient to Trustor and <br />Lender and make it aveitable to Lender within three (3) days after receipt of written demand from Lender to the <br />extent permitted by appliceble law. <br />Addresses. The meiling addresses of Trustor (debtor) and Lender (secured party) from which information <br />concerning the security interest granted by this Deed of Trust may be obtained (each as required by the Uniform <br />Commercial Code) ere as stated on the first page of this Deed of Trust. <br />FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurences and <br />attorney-in-fect ere e 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 end <br />deliver, or will ceuse to be made, executed or delivered, to Lender or to Lender's designee, end when requested by <br />Lender, ceuse to be filed, recorded, refiled, or rerecorded, as the case mey be, at such times and in such offices <br />end places as Lender may deem appropriate, any and all such mortgeges, deeds of trust, security deeds, security <br />agreements, finencing statements, continuation statements, instruments of further assurance, certificetes, and <br />other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, <br />perfect, continue, or preserve (1) Trustor's obUgations under the Note, this Deed of Trust, end the Releted <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 lew 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 paragraph. <br />Attomey-in-Fact. If Trustor fails to do any of the things referred to in the preceding peragraph, 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 ettorney-in-fact for the purpose of making, executing, delivering, filing, recording, and doing all <br />other things as mey be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in <br />the preceding paregreph. <br />FULL PERFORMANCE. If Trustor pays all the Indebtedness, including without limitation ell future advances, when due, <br />end otherwise performs all the obligetions imposed upon Trustor under this Deed of Trust, Lender shall execute and <br />deliver to Trustee a request for full reconveyance and shall execute and deliver to Trustor suitable stetements of <br />termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personel <br />Property. Any reconveyence fee required by law shall be paid by Trustor, if permitted by applicable law. <br />DEFAULT. At Lender's option, Trustor will be in default under this Deed of Trust if any of the following happen: <br />Fraud or Materiel Mlsrepresentation. Trustor commits fraud or meteriel misrepresentation in connection with the <br />terms of the Note. <br />Payment Default. Trustor fails to meet the repayment terms of the Note for any outstanding balance. <br />Other Defaul�. Trustor's act or failure to act adversely affects Lender's security interest in the Property, or any <br />right of Lender's in such security. <br />Right to Cure. If eny defeult, other than a default in peyment is curable and if Trustor hes not been given e notice <br />of a breach 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 default: (1) cures the defeult within <br />ten (70) days; or (2) if the cure requires more than ten (10) days, immediately initiates steps which Lender deems <br />in Lender's sole discretion to be sufficient to cure the default and thereafter continues end completes all reasonable <br />and necessery steps sufficient ta produce compliance es soon as reasonably practical. <br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, <br />Trustee or Lender may exercise any one or more of the following rights end remedies: <br />Acceleration Upon Defeult; Additional Remedies. If any Event of Default occurs as per the terms of the Note <br />secured hereby, Lender may declere all Indebtedness secured by this Deed of Trust to be due and payeble 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 />(a) Either in person or by egent, with or without bringing any action or proceeding, or by e receiver <br />appointed by a court and without regard to the adequacy of its security, enter upon and take posaession <br />of the Property, or any pert thereof, in its own name or in the name of Trustee, end do any acts which it <br />deems necessary or deslreble to preserve the value, marketebility or rentability of the Property, or pert of <br />