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DEED OF TRUST Page 5 <br /> (Continued) 2 0 0 �0 1� � � <br /> convenient to Trustor and Lender and make it available to Lender within three (3►days after receipt of written demand from Lender. <br /> Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which information concerning the security <br /> interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated on ihe first <br /> page of this Deed of Trust. <br /> FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of <br /> this Deed of Trust: <br /> Further Assurances. At any time, and from time to time, upon request of Lender, Trustor will make, execute and deliver, or will cause <br /> to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, <br /> refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all <br /> such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of <br /> further assurance, certificates, and other documenis as may, in the sole opinion of Lender, be necessary or desirable in order to <br /> effectuate, complete, perfect, 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 owned or hereafter <br /> acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writing, Trustor shall reimburse Lender for all costs <br /> and expenses incurred in connection with the 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 for and in the name <br /> of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints Lender as Trustor's attorney-in-fact for <br /> the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's <br /> sole opinion, to accomplish the matters referred to in the preceding paragraph. <br /> FULL PERFORMANCE. If Trustor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Trustor <br /> under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to <br /> Trustor suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the <br /> Personal Property. Any reconveyance fee required by 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 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 strictly in the manner <br /> 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 Deed of Trust, the Note <br /> or in any of the Related Documents. If such a failure is curable and if Trustor has not been given a notice of a breach of the same <br /> provision of this Deed of Trust within the preceding twelve (12) months, it may be cured (and no Event of Default will have occurred) <br /> if Trustor, after Lender sends written notice demanding cure of such failure: (a) cures the failure within fifteen (15) days; or (b) if the <br /> cure requires more than fifieen (15) days, immediately initiates steps sufficient to cure the failure and thereafter continues and <br /> completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. <br /> Default on Other Payments. Failure of Trustor within the time required by this Deed of Trust to make any payment for taxes or <br /> insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. <br /> False Statements. Any representation or statement made or furnished to Lender by Trustor or on Trustor's behalf under this Deed of <br /> Trust, the Note, or the Related Documents is false or misleading in any material respect, either now or at 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 effect (including failure <br /> of any collateral document to create a valid and perfected security interest or lien) at any 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 Trustor's property, <br /> any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any <br /> 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 Trustor's property in <br /> which Lender has a lien. This includes taking of, garnishing of or levying on Trustor's accounts with Lender. However, if Trustor <br /> disputes in good faith whether the claim on which the taking of the Property is based is valid or reasonable, and if Trustor gives <br /> Lender written notice of the claim and furnishes Lender with monies or a surety bond satisfactory to Lender to satisfy the claim, then <br /> this default provision will not apply. <br /> Breach of Other Agreement. Any breach by Trustor under the terms of any other agreement between Trustor and Lender that is not <br /> remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other <br /> 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, or accommodation <br /> party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or <br /> revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness . <br /> Existing Indebtedness. The payment of any installment of principal or any interesi on the Existing Indebtedness is not made within the <br /> time required by the promissory note evidencing such indebtedness, or a default occurs under the instrument securing such <br /> indebtedness and is not cured during any applicable grace period in such instrument, or any suit or other action is commenced to <br /> foreclose any existing lien on the Property. <br /> RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender <br /> may exercise any one or more of the following rights and remedies: <br /> Acceleration Upon Defauk; Additional Remedies. If any Event of Default occurs as per the terms of the Note secured hereby, <br /> Lender may declare all Indebtedness secured by this Deed of Trust to be due and payable and the same shall thereupon become <br /> i: <br /> �_ <br /> �_ <br /> t' <br />