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201300938 <br /> DEED OF TRUST <br /> Loan No: 10005261 (Continued) Page 4 <br /> Trust,this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its <br /> available remedies for an Event of Default as provided below unless Trustor either (1) pays the tax before it <br /> becomes delinquent,or (2) contests the tax as provided above in the Taxes and Liens section and deposits with <br /> Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. <br /> SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a <br /> security agreement are a part of this Deed of Trust: <br /> Security 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 Uniform Commercial Code <br /> as amended from time to time. <br /> Security Interest. Upon request by Lender,Trustor shall take whatever action 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 detach the Personal Property from the Property. Upon default, Trustor shall assemble any <br /> 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 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 leach 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 rerecorded,as the case may be,at such times and 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, and the Related <br /> Documents,and (21 the liens and 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 name of Trustor and at Trustor's 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 when due, and otherwise performs all the obligations <br /> imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full <br /> reconveyance and shall execute and deliver to Trustor suitable statements of termination of any financing statement on <br /> file evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by law <br /> shall be paid by Trustor,if permitted by applicable law. <br /> EVENTS OF DEFAULT. At Lender's option,Trustor will be in default under this Deed of Trust if any of the following <br /> happen: <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 /> strictly in the manner provided in this Deed of Trust or in any agreement related to this Deed of Trust. <br /> Compliance Default. Failure to comply with 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 taxes or insurance,or any other payment necessary to prevent filing of or to effect discharge of any lien. <br /> Default in Favor of Third Parties. Should Grantor default under any loan,extension of credit,security agreement, <br /> purchase or sales agreement,or any other agreement,in favor of any other creditor or person that may materially <br /> affect any of Grantor's property or Grantor's ability to repay the Indebtedness or Grantor's ability to perform <br /> Grantor's obligations under this Deed of Trust or any of the Related Documents. <br /> False Statements. Any representation or statement made or furnished 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 furnished. <br /> Defective Collateralization. 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 and perfected security 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 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 /> Taking of the Property. Any creditor or governmental 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, garnishing of or levying on Trustor's <br /> accounts with Lender. However, if Trustor disputes in good faith whether the claim on which the taking of the <br /> Property is based is valid or reasonable, and if Trustor gives Lender written notice of the claim and furnishes <br /> Lender with monies or a surety bond satisfactory to Lender to satisfy the claim,then this default provision will 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 obligation 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 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 /> Insecurity. Lender in good faith believes itself insecure. <br />