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° � - <br />Loan No: 138226 <br />DEED OF TRUST � o�. 2 O 8��� <br />(Continued) <br />Page 4 <br />as amended from time to time. <br />Security lnterest. Upon request by Lender, Trustpr�shall,take whatever actian is requested by Lender to perfect <br />and continue LendePs security interest in the Rents and Personal Property. In addition to recording this Deed of <br />Trust in the resl property records; Lende�'may; at any time'and without further authorization from Trustor, file <br />executed Gounterparts, copies or reproductions of this 'Deed of Trust as a.fin'ancing statement. Trustor shall <br />reimburse Lender fot 811 expenses incurred in perfecting or cor�tinu'ing this security lnterest. Upon default, Trustor <br />shall not remove, sever nr detach the Personal Property from the Property. Upon default, Trustor shall assemble <br />any 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 within three (3) days after receipt of written demand from Lender to the <br />extent permitted by appliceble law. <br />Addresses. The mailing addresses of Trusto� (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) are as stated on the first 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 any time, and from time to time, upon request of Lender, Trustor will make, execute and <br />deliver, or will cause 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 ierecorded, as the case may be, at such times end in such offices <br />and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security <br />agreements, financing statements, continuation statements, instruments of further assurance, certificates, 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 obligations under the Note, this Deed of Trust, end the Related <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 law or Lender agrees to the <br />contrary in writing, Trustor shall reimburse Lender for all costs and expenses incurred in connection with the <br />matters referred to in this paragraph. <br />Attorney-ln-Fact. If Trustor fails to do any of the thinas referred to in the preceding paragraph, Lender may do so <br />for and in the name of Trustor and at TrustoPs expense: For such purposes, Trustor hereby irrevocably appoints <br />Lender as Trustor's attorney-in-fact for the purpose of making, executing, delivering, filing, recording, and doing all <br />other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in <br />the preceding paragraph. <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, Lertder ahall 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 law shall be paid by Trustor, if permitted by applicable law. <br />EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute en Event of Default under this Deed <br />of Trust: <br />Payment Oefauit. Trustor fails to make any payment when due under the Indebtedness. <br />Other Defaults. Trustor fails to comply with or to perform any other term, obligation, covenant or condition <br />contained in this Deed of Trust or in any of the Related Documents or to comply with or to perform eny term, <br />obiigation, covenant or condition contained in any other agreement between Lender and Trustor. <br />Compliance Default. Failure to comply with any other term, obligation, covenant or condition conteined in this <br />Deed of Trust, the Note or in any of the Related Documents. <br />Default on Other Payments. Faiture of Trustor within the time required by this Deed ot Trusf 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 werranty, representation or statement made or furnished to Lender by Trustor or on <br />Trustor's behalf under this Deed of Trust or the Related Documents is false or misleading in any materiat respect, <br />either now or at the time made or furnished or becomes false or misleading at any time thereafter. <br />Defective Collateralfzation. 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 end perfected security interest or'lien) at any <br />time and for any reason. <br />Death or Insolyency. The death of Trustor, the insolvency of Trustor, the appAintment of a receiver for any part of <br />Trustor's property, any assignment for the benefit 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 />Credftor or Forfetture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial <br />proceeding, self-help, re�ossession or any other method, by any creditor of Trustor or by any governmental agency <br />against any property securing the Indebtedness. This includes a garnishment of any of Trustor's accounts, <br />including deposit accounts, with Lender. However, this Event of Default shall not epply if there is e good faith <br />dispute by Trustor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture <br />proceeding and if Trustor gives Lender written notice of the creditor or forfeiture proceeding and deposits with <br />Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its <br />sole discretion, as being an adequate reserve or bond for the dispute. <br />Breach of Other Agre�nent. 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 obligetion of Trustor to Lender, whether existing now or later. <br />Events Affecting Guarentor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, <br />or accommodation 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 liability under, any Guaranty of the <br />Indebtedness. <br />Adverse Change. A material adverse change occurs in Trustor's financial condition, or Lender believes the <br />prospect of payment or performance of the Indebtedness is impaired, <br />InsecurFty. Lender in good faith believes itself insecure. <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 and remedies: <br />Acceleratlon Upon Default; Addttlonal Remedies. If any Event of DefauR occurs as per the terms o4 the Note <br />secured hereby, Lender may declare all Indebtedness secured by this Deed of Trust to be due end payable and <br />the same shall thereupon become due and payable viiithout 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 a receiver <br />