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201302663 <br /> DEED OF TRUST <br /> (Continued Page 4 <br /> TruMr, <br /> Subsequent Taxes. If any tax to which thin aeCtion eppliee is enacted subsequent to the date of this Deed of <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 I1) pays the tax before ii <br /> beOOmem delinquent,or I2) contests the tax as provided above in the Taxes and Liens seOtidn end 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 shell 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 continua Lender's security interest in the Rents and 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 statement. Trustor shall <br /> reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default,Trustor <br /> shall not remove, sever Or 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 /> Lander end make it available to Lender within three 131 deye after receipt of written demand frpm 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(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 rerecorded,as the case may be et 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 11) 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 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-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,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 and <br /> deliver AO Tru$tee $ request for full reconveyence 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 reconveyence 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 an Event of Default under this Dead <br /> of Trust: <br /> Payment Default. 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, obllgatlon, covenant or condition <br /> contained in this Deed of Trust or in any of the Related Documents or to comply with or to perform any term, <br /> obligation,covenant or condition contained in any other agreement between Lender and Trustor. <br /> Compliance Default. Failure to comply with arty 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 warranty, 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 material respect, <br /> either now Or at the time made or furnished or becomes false or misleading at any time thereafter. <br /> Defective Colleterelizetion, 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 e valid and perfected security interest or lien)at any <br /> time and for any reason. <br /> Insolvency. The dissolution or termination of Truster's existence as a going business,the insolvency of Trustor. <br /> the appointment of a receiver for any part of Trustor's property,any assignment for the benefit of creditors, any <br /> type of creditor workout,or the commencement of any proceeding under any bankruptcy or insolvency laws by or <br /> against Trustor. <br /> Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial <br /> proceeding,self-help,repossession 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 shell not apply if there is a good faith <br /> dispute by Trustor as to the validity or reeacnableness 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 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 />