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Loen No: 101258587 <br />DEED OF TRUST � Q� 2 O 9� S� <br />(Continued) Page 5 <br />and (4) e specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by <br />Trustor. <br />Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of <br />Trust, this event shall heve the same effect as an Event of Default, and Lender may exercise eny or all of ita <br />availeble remedies for an Event of Default es provided belowr unless Trustor either (1) pays the tax before it <br />becomes delinquent, or (2) contests the tax as provided above in the Texes and Liens section and deposits with <br />Lender cash or e suff(cfent corporate surety bond or other security satisfactory to Lender. <br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Truat es a <br />security agreement are a part of this Deed of Trust: <br />Secur(ty Agreement. This instrument shell constitute a Security Agreement to the extent any of the Property <br />conatitutes fixtures, and Lender shall have ell of the rights of a secured party under the Uniform Commerciel Code <br />as amended from time to time. <br />Security Irrterest. Upon request by Lender, Trustor shall take whatever action is requested by Lender to perfect <br />and continue Lender's security interest in the Rents end Personal Property. In addition to recording this Deed of <br />Trust in the real property records, Lender may, at any time and without further authorization from Trustor, file <br />executed counterparts, copies or reproductions of this Deed of Trust as a financing stetement. Trustor shall <br />reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Trustor <br />shell not remove, sever or detech the Personal Property ftom the Property. Upon default, Trustor shall assemble <br />eny Personal Property not affixed to the Property in e manner and. at a place reasonably convenient to Trustor and <br />Lender and meke it aveileble to Lender within three (3) days after receipt of written demend from Lender to the <br />extent permitted by epplicable 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) are as steted on the first page of this Deed of Trust. <br />FURTHER ASSURANCES; AITORNEY-IN-FACT. The following provisions relating to further assurances and <br />attorney-in-fact ere a part of this Deed of Trust: <br />Further Assurances. At any time, and from time to time, upon request of Lender, Trustor will meke, execute and <br />deliver, or will cause to be mede, executed or delivered, to Lender or to Lender's designee, and when requested by <br />Lender, ceuse 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, any end all such mortgages, deeds of trust, security deeds, security <br />agreements, financing statements, continuetion statements, instruments of further assurance, certificates, and <br />other documenta as may, in the sole opinion of Lender, be necessary or desirable in order to effectuete, 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 end security interests created by this Deed of Trust as first and prior liens on the <br />Property, whether now awned or hereafter acquired by Trustor. Unless prohibited by law or Lender egrees to the <br />contrery in writing, Trustor shall reimburse Lender for all costs and expenses incurred in connection with the <br />matters referred to in this peragraph. <br />Attomey-In-Fact. If Trustor fails to dp any of the things referred to in the preceding paragraph, Lender may do so <br />for end In the name of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably eppoints <br />Lender es T�ustor's attorney-in-fact for the purpose of ineking, 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 paragreph. <br />FULL PERFORMANCE. If Trustor pays ell 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 end <br />deliver to Trustee a request for full reconveyance and shall execute and deliver to Trustor suitable statements of <br />termination of any finencing 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 appliceble law. <br />EVENTS OF DEFAULT. Each of the tollowing, at Lender's option, shall constitute an Event of Default under this Deed <br />of Trust: <br />Peyment Default. Trustor fails to meke any payment when due under the Indebtedness. <br />Other Deiaults. Trustor fails to comply with or to perform any other term, obligation, covenent or conditfon <br />contained in this Deed of Trust or in any of the Related Documents or to comply with or to perform any term, <br />obligatfon, covenant or condition contained in any other agreement between Lender and Trustor. <br />Compliance Defautt. Failure to comply with any other term, obligation, covenant or condition contained in this <br />Deed of Trust, the Note or in eny of the Related Documents. <br />Default on Other Paymer�. Failure of Trustor within the time required by this Deed of Trust to make any payment <br />for taxes or insurence, or any other payment necessary to prevent flling of or to effect discharge of any lien. <br />False Statemerrts. Any warranty, representation or statement made or furnished to Lender by Trustor or on <br />Truetor's behalf under this Deed ot Trust or the Releted Documents is false or misleading in any meterlal respect, <br />