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DEED OF TRUST 2 p 12 p 5 714 <br />Loan No: 11093583 (Continued) Page 4 <br />Trustor which Trustor is authorized or requ(red to deduct from payments on the Indebt�ness 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 tax on alt or any portion of the Indebtedness or on payments of principal and interest made by <br />Trustor. <br />Subsequent Taues. If any tax to which this section applies fs enaded su�uerrt to the date of this Deed of <br />Trust, this ever�t shall have the same effect as an Event of Default, and Lender may exerdse any or all of its <br />available remedies for an Event of �fault a.s provided below unless Trustor either (1) pays the tax before it <br />beoorr�.s delinquent, or (2) contests the tax as provlded above in the Taxe,s and Liens �on and deposffs with <br />Lender cash or a sufficient corporate surety bond or other security satisfadory to Lender. <br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relatlng to this Deed of Trust as a <br />security agreement are a part of this Deed of Trust: <br />SecuHty 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 party under the Unfform Commercial Code <br />as amended from time to time. <br />Security Interest Upon request by Lender, Trustor shall take whatever ae�on is requested by' Lender to perfect <br />and continue Lender's security interest fn the Personal Property. In additlon to recording this Deed of Trust in the <br />reat properly 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 flnancing statement. Trustor shall reimburse <br />Lender for all e�enses incurced in perfecting or continuing this security interest. Upon default, Trustor shatl not <br />remove, sever or detach the Personal Properly from the Property. Upon default, Trustor shall assemble any <br />Personal Property not affixed to the Property fn a manner and at a place reasonably convenient to Trustor and <br />Lender and make it available 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 which information <br />conceming the security interest granted by this Deed of Trust may be obtained (each as required by the Unifarm <br />Commercial Code) are as stated on the flrst page of this Deed of Trust. <br />FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and <br />attorney-in-fact are a part of this Deed of Trust: <br />Further Assurances. At arry Ume, and from Ume to Urr�, upon reque.st of Ler�er, Trustor will make, execute and <br />deliver, or will cause to be made, execx�ted or deliver�ed, to Le.nder or to Lenders desigr�, and when requested by <br />Lender, cause to be filed, recorded, refiled, or reneaoreied, as the case may be, at such times and in such offic:es <br />and ptaoes as Lend� may dcem appropriate, ar�y and all such mortgages, deeds of trust, security dceds, s�writy <br />agreemerrts, financ3ng stffiemerrts, corrtinuation statemeMs, instruments of turther assurance, certiflcates, and <br />other docxiiments as may, in the �le opinion of Lender, be neoessary or desirable in orcler to effectuate, complete, <br />perted, corrtinue, or preserve (1) Trustor's obligaUons under the Note, this Deed of Trust, and the Related <br />Documerrts, and (2) the liens and securriy interests a�eated by this Deed of Trust on the Property, whether now <br />owned or hereafter aoquired by Trustor. Unless prohibfted by law or Ler�de.r agrees to the contrary in writing, <br />Trustor shall reimburse Lender for all costs and experues incurred in connedion with the matters referised to in this <br />P�9raph. <br />Attomey-in-Fact If Trustor fails to do arry of the things referred to in the preoedir� paragraph, Ler�der may do so <br />for and in the name of Trustor and at Trustor's e�er�e. For suc� purposes, Trustor hereby irrevopbly appoirrts <br />Lender as Trustor's attomey-in-fact for the purpose of making, executing, delivering, filing, r�cording, and doing all <br />other things as may be neoessary or desirable, in Lender's sole opinfon, to accomplish the matters refemed to in <br />the preceding paragraph. <br />FULL PERFORMANCE. If Trustor pays all the Indebtedness, induding without IimitaUon all future advar�es, when due, <br />and othervvise perForms all the obligations imposed upon Trustor under this Deed of Trust, Lender shali execute amd <br />deliver to Trustee a request for full re�rneyanoe and shall exe�ute and deliver to Trustor suitable statemerrts of <br />terminatlon of any financing statemerrt on file evidendng Lender's security irrter�est in the Rer�ts and the Persorral <br />Properly. Any r�onveyance fee requined by law shall be paid by Trustor, if pertnitted by applicable Iaw. <br />EVENTS OF DEFAULT. At Lender's option, Trustor will be in default imder this Deed of Trust if arry of the following <br />�PP�= <br />Payment Default Trustor fails to make any payment when due under the Indebtedness. <br />Break Other Promises. Trustor breaks any promise made to Lender or fails to perform promptly at the time and <br />strfctiy in the manner provided in this Deed of Trust or in any agreement related to this Deed of Trust. <br />Compiiance Default Failure to compiy wfth 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 ta�ces or insurance, or any other payment necessary to prevent flling of or to effect discharge of any Iien. <br />False Statements. Any representation or statement made or fumished to Lender by Trustor or on Trustor's 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 fumished. <br />Defective CollateralizaUon. This Deed of Trust or any of the Related Documents ceases to be in full force and <br />effect (including failure of any collaterat document to create a valid and perfected secu�ity interest or lien) 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 Proporly. Any creditor or govemmental agency tries to take any of the Property or any other of <br />Trustor's property in which Lender has a lien. This includes taking of, gamishing of or Ievying on Trustors <br />accounts with Lender. However, if Trustor disputes in good fafth whether the Ga1m on which the taking of the <br />Properly is based is valid or reasonable, and if Trustor gives Lender written noUce of the claim and fumishes <br />Lender with monies or a surety bond satisfactory to Lender to satisfy the claim, then this default provision wilt not <br />apply. <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 limitation any agreement <br />concerning any indebtedness or other obUgation 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, surety, <br />or accommodaUon party of any of the Indebtedness or any guarantor, endorser, surety, or acxommodaUon party <br />dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the <br />Indebtedness. <br />