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201207609 DEED OF TRUST Loan No: 10004016 (COntlnued) Page 4 Trust, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an EvenY of Default as provided below unless Trustor either 11) pays the tax before it becomes delinquent,or (2) contests the tax as provided above in the Taxes and Liens section and deposiYs with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part of this Deed of Trust: Security Agreement. This inst�ument shall constitute a Security Agreement to the e�ctent a�y of the Property constitutes fixtures,and Lender shall have all of the rights of a secured party under the Uniform Cornmercial Code as amended from time to time. Security Interest. Upon request by Lender,Trustor shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Personaf Property. In addition to recortling this Deed�of Trust in the real property records, Lender may, at any time and withoot further authorization from Trustor, file executed countetparts, copies or rsproductions of this Deed of Trust as a financing statement�. Trustor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default,Trustor shall not remove, sever or detach the Personal Property from the Property. Upon default, Trustor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Trustor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. . Addresses. The mailing addresses of Trustor {debtor) and Lender (secured party) from which info�mation concerning the security interesY granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code)are as stated on the first page of this Deed of Trust. FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a parT of this Deed of Trust: Further Assurances. At any time,and from time to time,upor+request of Lender,Trustor will make,execute and deliver,or will cause to be made,executed or delivered,to Lender or to Lender's designee,and when requestetl by Lender,cause to be filed,recorded,refiled,or rerecorded,as the case may be,at such times and in such offices and places as Lender may deem appropriate,any and all such mortgages,deeds of trust,security deeds,security agreemeMs, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may,in the sole opinion of Lender,be necessary or desirable in order to effecYuate,complete, � perfect, conti�ue, or preserve (1) Trustor's otiligations under the Note, this Deed of Trust, and the Related Documents,and (2) the liens and security interests created by this Deed of Trust on the Property,whether now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writi.ng, Trustor shall reimburse Lender for all costs antl expenses incurred in connection with the matters referred to in this paragraph. Attorney-irnFact. If Trustor fails to do any of the Things referred to in the preceding paragraph,Lender may do so for and in the name of Trustor and at Trustor's expense. For sucfi putposes,Trustor hereby irrevocahly appoints Lender as Trustor's attorney-in-fact for the purpose of making,executing,delivering,filing,recording,and doing all ottier things as may be necessary or desirable,in Lender's sole opinion,to accompfish the matters referred to in the preceding paragraph. � - FU�LL PERFORMANCE. If Trustor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to Trustor suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by law shall be paid by Trustor,if permitted by applicable law. EVENTS OF DEFAULT. At Lender's option,Trustor will be in default under this Deed of Trust if any of the following happen: Payment Default. Trustor fails to make any payment when due under the Indebtedness. Break Other Promises. Trustor breaks any promise made to Lender or fails to perform promptly at the time and strictly in the manner provided in this Deed of Trust or in any agreement related to this�eed of Trust. Compliance Default. Failure to comply with any other term, obligation,covenant or condition contained in this Deed of Trust,the IVote or in any of the Related Documents. Defauk on Other Payments. Failure of Trustor within the time requiretl 6y this Deed of Trust to make any payment for taxes or insurance,or any other payment necessary to prevent filing of or to effect discharge of any lien. Defauk in Favor of Third Parties. Should Grantor default under any loan,e�aension of credit,security agreement, purchase or sales agreement,or any other agreement,i�favor of any other creditor or persort that may materially affect any of Grantor's property or Grentor's ability to repay the Indebtedness or Grantor's ability to perform Grantor's obligations under this Deed of Trust or any of the Related Documents. False S4atemerrts. Any representation or statement made or furnished to Lender by Trustor or on Trustor's behalf under this Deed of Trust or the Related Documents is false or misleading in any material respect,either now or at Yhe time made or furnished. Defective Coliateralization. This Deed of Trust ar any of the Related Documents ceases to be in full force and effect(including failure of any collaterel document to create a valid and perfected security interest or lien)at any time and for any reason. Death or Insolvency. The death of Trustor,the insolvency of Trustor,the appointment of a receiver for any part of Trustor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any.bankruptcy or insolvency laws tiy or against Trustoe. Taking of the Property, Any creditor or governmental agency tries to take any of tfie Property or any other of TrustoPs property in which Lender has a iien. This includes taking of, garnishing of or levying on Trustor's accounts with Lender. However,if Trustor disputes in good faith whether the claim on which the taking of the Property is 6ased is valid or reasonable, and if Trustor gives Lender written notice of the claim and furnishes Lender with monies or a surety bond satisfactory to Lender to satisfij the claim,then this default provision will not apply. Breach of Other Agreement. Any breach by Trusmr under the terms of any other agreement 6etween Trustor and Lender that is not remedied within any grece period provided therein, induding without limitation any agreement conceming any indetitedness or other o6ligation of Trustor to Lender,whether existing now or later. Events Affecting GuaraMor. Any of the preceding events occurs with respect to any guarantor,endorssr,surety, o�accommodation party of any of the Indebtedness or any guarantor,endorser,surety,or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. Insecurity. Lender in good faith believes itself insecure.