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201302855
<br /> DEED OF TRUST
<br /> Loan No: 10005443 (Continued) Page 4
<br /> this Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lender's lien on
<br /> the Real Property. Trustor shall reimburse Lender for all taxes, as described below, together with all expenses
<br /> incurred in recording, perfecting or continuing this Deed of Trust, including without limitation all taxes, fees,
<br /> documentary stamps,and other charges for recording or registering this Deed of Trust.
<br /> Taxes. The following shall constitute taxes to which this section applies: (11 a specific tax upon this type of
<br /> Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on
<br /> Borrower which Borrower is authorized or required to deduct from payments on the Indebtedness secured by this
<br /> type of Deed of Trust; (3) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the
<br /> Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest
<br /> made by Borrower.
<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 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 Truster 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 he 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 Ill Borrower's and Trustor's obligations under the Note,this Deed of Trust,and
<br /> the Related Documents,and (21 the liens and security interests created by this Deed of Trust on the Property,
<br /> whether now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in
<br /> writing,Trustor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred
<br /> 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 Borrower and Trustor pay all the Indebtedness when due,and Trustor otherwise performs all
<br /> the obligations imposed upon Trustor under this Deed of Trust,Lender shall execute and deliver to Trustee a request for
<br /> full reconveyence and shall execute and deliver to Trustor suitable statements of termination of any financing statement
<br /> on file evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by
<br /> law 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. Borrower fails to make any payment when due under the Indebtedness.
<br /> Break Other Promises. Borrower or Truster breaks any promise made to Lender or fails to perform promptly at the
<br /> time and 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 Borrower or any Grantor default under any loan, extension of credit,
<br /> security agreement,purchase or sales agreement,or any other agreement,in favor of any other creditor or parson
<br /> that may materially affect any of Borrower's or any Grantor's property or Borrower's ability to repay the
<br /> Indebtedness or Borrower's or Grantor's ability to perform their respective obligations under this Deed of Trust or
<br /> any of the Related Documents.
<br /> False Statements. Any representation or statement made or furnished to Lender by Borrower or Trustor or on
<br /> Borrower's or Trustor's behalf under this Deed of Trust or the Related Documents is false or misleading in any
<br /> material respect,either now or at the time made or furnished.
<br /> Defective Collateralizution. 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 Borrower or Trustor,the insolvency of Borrower or Trustor,the appointment of
<br /> a receiver for any part of Borrower's or Truster's properly,any assignment for the benefit of creditors.any type of
<br /> creditor workout,or the commencement of any proceeding render any bankruptcy or insolvency laws by or against
<br /> Borrower or Trustor.
<br /> Taking of the Property. Any creditor or governmental agency tries to take any of the Property or any other of
<br /> Borrower's or Trustor's property in which Lender has a lien. This includes taking of,garnishing of or levying on
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