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,- �� , �� '� ��� 20120474� <br />DEED OF TRUST <br />Lo�n No: 107252125 (Continued) Page 5 <br />the Real Property. Trustor shall reimburse Lender for all taxes, as described below, together with all expenses <br />incurred in recording, perfecting or continuing this Deed of Trust, including without limitation all taxes, fees, <br />documentary stamps, and other charges for recording or registering this Deed of Trust. <br />Taxes. The following shall constitute taxas to which this section applies: (1) a specific tax upon this type of <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 tax on this type of Deed of Trust chargeable against the Lender or the holder of the Note; <br />and (4) a specific tex on all or any portion of the Indebtedness or on payments of principal and interest made by <br />Trustor. <br />Subsequerrt Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of <br />Trust, this event shell have the same effect as an Event of Default, end Lender may exercise any or all of its <br />available remedies for an Event of Default as provided below unless Trustor either 11) pays the tax before it <br />becomes delinquent, or (2) contests the tax as provided above in the Texes and Liens aection and deposits with <br />Lender cash or e sufficient corporate surety bond or other security satistactory to Lender. <br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating io this Deed of Trust as a <br />security agreement are a part of this Deed of Trust: <br />Sacurity Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property <br />constitutes fi�ctures, and Lender shell heve 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 shell take whatever ection is requested by Lender to perfect <br />and continue Lender's security interest in the Personal Property. 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, file executed <br />counterparts, 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 shall not <br />remove, sever or datach the Personal Property from the Property. Upon default, Trustor shall assemble any <br />Personal Property not affixed to the Property in a manner end at a place reasonably convenient to Trustor and <br />Lender and make it available to Lender within three (3) deys after receipt of written demend from Lender to the <br />extent permitted by applicable law. <br />Addresses. The mailing 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 es required by the Uniform <br />Commercial Code) are es stated on the first page of this Deed of Trust. <br />FURTHER ASSURANCES; ATTORIVEY-IN-FACT. The following provisions relating to further as§urances 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 ceuse 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, eny and all such mortgages, deeds of trust, security deeds, security <br />agreements, financing statements, continuetion statements, instruments of further assurance, eertificates, end <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 obligations under the Note, this Deed of Trust, and the Releted <br />Documents, and (2) the liens end security interests created by this Deed of Trust on the Property, whether now <br />owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writing, <br />Trustor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred 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 n�me of Trustor and at Trustor's expense. Fcrr such purposes, Truscor'Mereby irre��scebly a�p'oints <br />Lender es Trustor's attorney-in-fact for the purpose of making, executing, delivering, filing, recording, and doing ell <br />other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in <br />the preceding paregraph. <br />FULL PERFORMANCE. If Trustor pays all the Indebtedness, including without limitation all future advances, when due, <br />and otherwise performs all the obligations 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 statements of <br />termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal <br />Property. Any reconveyance fee required by lew shall be paid by Trustor, if permitted by applicable law. <br />DEFAULT. At Lender's option, Trustor wili be in default under this Deed of Trust if any of the following happen: <br />Fraud or Materlal Misrepresentation. Trustor commits fraud or material 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 Defauks. Trustor's act or feilure to act adversely affects Lender's security interest in the Property, or eny <br />right of Lender's in such security. <br />