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201400262 <br /> DEED OF TRUST <br /> Loan No: 10008363 (COt1tlnUed) Page 4 <br /> Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of <br /> T�ust, this event shal! have the same effect as an Event of Default, and Lender may exercise any or all of its <br /> aveifable remedies for an Event of Default as provided below unless Trustor eithar (1] pays the tax before it <br /> becomes delinquent, or (2) contests the tex as provided above in the Taxes and Liens sectian and depasits with <br /> Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. <br /> SECURITY AGREEMENT; FINANCIN(i STATEMENTS. Tha following provisions relating to this Deed of Trust as a <br /> securlty agreement are a part of this Deed of Trust: <br /> Security Agraement. This instrument sha11 constitute e Security Agreement to tha extent any of the Property <br /> constitutes fixtures, and Lender shell have a!I 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 additfon to recording this Deed of Trust in the <br /> real property records, Lender may, et any time and without further authorization from Trustor, file executed <br /> counterparts, copies or reproductfons of this Deed of Trust as a financing statement. Trustor shall reimburse <br /> Lender for al! 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 menner and at a plece reasonably convenient to Trustor and <br /> Lender and make it available to Lender within three (3! days efter receipt of written demand from Lender to the <br /> extent permitted by applicable law. <br /> Addresses. The mailing addresses of Truator (debtor) and Lender (secured party! from which information <br /> concerning the security interest granted by thfs Deed of Trust may ba obtained (each as required by the Uniform <br /> Commercia!Code) are as stated on the first page of this Deed of Trust. <br /> FURTHER ASSURANCES; ATTORNEY-IM-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 wi11 cause to be made, executed or delivered,to Lende�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 ae may, in the sole opinion of Lender, be�ecessary or desirable in order to effectuate, complete, <br /> parfect, continue, or preserve (1) Trustor's obligations under the Note, this Deed of Trust, and the Related <br /> Documents, and (2) the liens and security interests created by this Deed of Trust on the Property, whether now <br /> ownad or hereafter acquired by Trustor. Unfess prohibited by law or Lender agrees to the contrary in writing, <br /> Trustor shall reimburse Lender for a11 costs and expenses incurred in connection with the metters referred to in this <br /> paragraph. <br /> Attornay-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 tha name of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appo9nts <br /> Lender as Trustor's attorney-in-fact for the purpose of ineking,executing, delivering, filing, recording, and doing all <br /> other things as may be necessary or desirable, in Lender's sole opinion, to eccomplish 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 suitab�e statements of termination of any financing statement on <br /> file evidencing Lender's security interest in the Rents and the Personal Properry. Any reconveyance fee required by law <br /> shall be paid by Trustor, if permitted by epplicabfe 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 /> hapAen: <br /> Paymant Dafauk. 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 Dead of Trust or in any agreement related to this Deed of Trust. <br /> Compliance Dafauh. Failure to comply with eny other term, obligation, covenant or condition contained in this <br /> Deed of Trust,the Note or in any of the Related Documents. <br /> Defauft on Othar 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 /> Defauft in Favor of Third Parties. Should Grantor dafault 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 materielly <br /> effect any of Grantor's proparty or Grantor's ebility to �epay the Indebtedness or Grantor's ability to perform <br /> Grantor's obligations under this Desd of Trust or any of the Related Documents. <br /> False Statements. Any representation or statement made ar 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 tims made or furnished. <br /> Defective Colleteralization. This Deed of Trust or any of the Related Documents ceases to be in full force and <br /> effect (including failure of any collateral dacument to create a valid and perfected security interest ar Iien) at any <br /> time end for eny reeson. <br /> Death or Insolvency. The death of Trustor,the insolvency of Trustor,tha appointment of a receiver for any pert of <br /> Trustor's proparty, any assignment for the benefit of creditors, any type of creditor workout, or the <br /> commancement of any proceeding under any bankruptcy or insolvency laws by or against Trustor. <br /> Taking of the Property. Any creditor or governmantel agency tries to take any of the P�operty or any other of <br /> Trustor's property in which Lender has a Nen. Thls includes taking of, garnishing of or levying on Trustor's <br /> accounts with Lender. However, if Trustor disputes in good faith whether the cleim on which the taking of the <br /> Properry is besed is valid or reasonable, and tf Trustor gfves Lender written notice of the claim and furnishes <br /> Lender with monies or a surety bond satisfactory to Lender to satisfy the claim, then ihis default provision will not <br /> apply. <br /> Breach of Other Agreemer�t. Any breach by Trustor under the terms of any other agreement between Trustor and <br /> Lender that is not remediad within any grace period provlded therein, including without limitation any agreement <br /> concerning any Indebtedness or other obligation of Trustor to Lender, whethar existing now or later. <br /> Everrts Affecting (ivarantor. 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 valfdlty of, or liability under, any Guaranty of the <br /> Indebtedness. <br />