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r:. _ <br />1 <br />7 <br />�a',� <br />DEED OF TRUST <br />(Continued) <br />Page 4 <br />FURTHER�ASSURCES; ATTORNEY4N-FACT. The following provisions relating to further assurance <br />AN s and attorney4n -fact are a part of this <br />Deed of T" <br />Further Assunpgp s. Many time, and from time to time, upon request of Lender, Trustor will make, execute and deliver, or will cause to be <br />pxecpt.�d or delivored, to Lender or to Lenders designee, and when requested by Lender, cause to be filed, recorded, reflled, or <br />tl9d, as the c�ise may be, at such rimes and in such offices and places as Lender may deem appropriate, any and all such mortgages, <br />deeds oiirust, secnrityitir cis, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, <br />and other documents as °may, In the; sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or <br />preser (a) the obligat(ons� of Trustdr under the Note, this Deed of Trust, and the Related Documents, and (b) the liens and security interests <br />creetetd b this;Ql of Trust as fief and prior liens on the Property, whether now owned or hereafter acquired by Truster. Unless prohibited by <br />iaw�or t eed texhe contrary by Lender in•writlng, Trustor shall reimburse Lender for all costs and expenses Incurred in connection with the <br />ma41 1 referred_io in this paragraph. <br />Aft rlhpy -4qb -fit If Trustor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and In the name of <br />Trustpr. d at r ,opft,�Vgense. For such purposes, Trustor hereby irrevocably appoints Lender as Trustor's attorney4n4act for the purpose <br />of malctppr W, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole opinion, to <br />aocoinbbh' met referred to in •the pang paragraph. <br />IFULL: tlihU�ff4' if Trustor pays all the Indebtedness when due, terminates the line of credit, and otherwise performs all the obligations <br />Imposed Lipari 1`n.stor under this Dead of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and <br />deliverdto ,Trustr:silifeblaiatements of tesmination of any financing statement on file evidencing Lender's security Interest in the Rents and the <br />Personal Propeltyt;Ar js reccnveyance fee required by law shall be paid by Trustor, If permitted by applicable law. <br />DEFAILT *ach'of the following, at the option of Lender, shag constitute an event of default ('Event of Default') under this Deed of Trust: <br />pstr111ss. failure of Trustor to make any payment when due on the Indebtedness. <br />Det halt fit ditf t? is., Failure of Trustor within the time required by this Deed of Trust to make any payment for taxes or insurance, or <br />any paymentnehessery <br />to,prevent Nang of or to effect discharge of any lien. <br />�ompfftulsxl lure. of TrUStor to comply with any other term, obligation, covenant or condition contained In this Deed of Trust, the <br />± FOW $totltrrtentii Art warranty, representation or statement made or furnished to Lender by or on, behalf of Trustor under this Deed of Trust, <br />the Noib or'the Related documents Is false or misleading in any material respect, either now or at the time made or furnished. <br />Detbstitive et[er4llzlrgo .. This Deed of Trust or any of the Related Documents ceases to be in full force and effect (including failure of any <br />aollaterit documents to•cwte a,.valld and perfected security interest or Non) at any time and for any reason. <br />Ds4W4.W.. lni greCy: ,,.The death of Trustor, the insolvency of Trustor, the appointment of a receiver for any part of Trustor's property, any <br />essign'niertit,for.ths benefit of oredltors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or <br />msW ri>~Y W*s by.or'against Trustor <br />rsf, ri 'Mc . Comn6cament of foreclosure or forfeiture proceedings, whether by judicial proceeding, sel�hNp, repossession <br />CN Yen punier " , by pny Ctiedlfor of Trustor or by any governmental agency against any of the Property. However, this subsection shall not <br />appt(Cd ;Grit cff;a 'faith dispute by Trustor as to the validity or reasonableness of the claim which Is the basis of the foreclosure or <br />forefelture proceeding, provided that Trustor gives Lender written notice of such claim and furnishes reserves or a surety bond for the claim <br />saliswgry to <br />Breach of ORW nt. Any breach by Trustor under the terms of any other agreement between Trustor and Lender that Is not remedied <br />within*njxf)rgce pat provided therein, Including without Nmftatlon any agreement concerning any Indebtedness or other obligation of Trustor <br />to header „whrijtNn gRtl#thW now or later. <br />Evegtji/iftaedRtq'Rauefliirftr. Any of the preceding events occurs with respect to any Guarantor of`any of the Indebtedness or any Guarantor <br />dies pr ojrrpetent, or revues or disputes the validity of, or liability under, any Guaranty of the Indebtedness. Lender, at Its option, <br />may,= n ice required to, p* r& the Guarantor's estate to assume unconditionally the obligations arising under the guaranty in a <br />ma nnprtitt§cto► gender, and, in doing so, cure the Event of Default. <br />InerM , ender in good faith dooms buff Insecure. <br />f€�sut p failure is curable and lt Truster has not been given a notice of a breach of the same provision of this Deed of Trust <br />wf� twelve (t2) months, it may be cured (and no Event of Default will have occurred) If Trustor, after Lender sends written <br />notice, np� of such failure: (a) cures the failure within twenty (20) days; or (b) if the cure requires more than twenty (20) days, <br />im t tfat is t sufficient to cure the failure and thereafter continues and completes all reasonable and necessary steps sufficient to <br />produ'o5ftntrricla� r soon as reasonabh+ practical. <br />AIGHTSFAtiW Ot?Jf<ULT.• Upon the occurrence of any Event of Default and at any time thereafter, Trustee or Lender, at Its option, <br />may, exsrr ieny oner mbrer'of tfie following rights and remedies, in addition to any other rights or remedies provided by law: <br />Ao<tielilratkln Hopp t�faAllt, Ai>IdltbnN Remedies. !f any event Of default occurs as per the terra of the Note secured hereby, Lender may <br />dei:6►tnt9bfbdElas secures! by this Deed Of Trust to be due and payable and the same shall thereupon become due and payable without <br />any presentments dernantf, prc>tast or• notice of any kind. Thereafter, lender may; <br />« ('':' itf►er in persan or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and without <br />regard <br />'to the.ad cy of Its secu ity, enter upon and take possession of the Property, or any part thereof, in Its own name or In the name <br />Of Trustee, i11td do'any aft which it deems necessary or desirable to preserve the value, marketability or rentability of the Property, or part <br />o'the Rr�oporty q�=interest in. theiProperfy; incxease the income from the Property or protect the security of the Property; and, with or without <br />pose�siorn °of the Property, sue for � otherwise collect the rents, issues and profits of the Property, including those peat due and <br />alt�'!oPl� tie same, less costs and expenses of operation and cofiectlon, to any indebtedness secured by this Deed of Trust, all in <br />.such order as Lender may deterrMne. The enMring upon and taking possession of the Property, the collection of such rents, Issues and <br />profits,, and the application thereof shall not cure or wave any default or notice of default under this Deed of Trust or invalidate any act <br />dory iii onsa hf such default or pursuant to such notice of default; and, notwithstanding the continuance in possession of the Property <br />of'tlte cofiections,;ecWpt and application of rents, issues or profits, Trustee or Lender shall be entitled to exercise every right provided for in <br />_W9, tote *•;thd Related Documents or by law upon the occurrence of any event of default, including the right to exercise the power of sale; <br />ti) ; Contme foe art action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically enforce any of the covenants <br />iitreb -,and <br />c} ; lapr tt> Tutee a written declaration of .default and demand for sale and a written notice of default and election to cause Trustors <br />J�fsire st irl Property to be sold, which notice Trustee shall reuse to be duly filed for record in the appropriate offices of the County in <br />r?h line'roportyr Is located; and <br />to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the <br />mmerclal Code. <br />t: bxaA Sale, If Lender elects to foreclose by exercise of the Power of Sate herein contained, Lender shall notify Trustee and <br />_ shall ' 4;� °T this Dead of Trust and the Note and such receipts and evidence of expenditures made and secured by this Deed of <br />Trus) rgay nfiquire. <br />lifpbii l of such noticeYfrom Lender , Trustee shall cause to be recorded, published and delivered to Trustor such Notice of Default <br />�BIi1Cce ;6s "}}yisn "required "by law and by this Dead of Trust. Trustee shall, without demand on Trustor, after such time as may <br />4ttfren =be q l�y,law a6d after recordation of such Notice of Default and after Notice of Sale'having been given as required by law, sell <br />fie RP the -time and' place of sale food by it in such Notice of Sele, either as a whole, or in separate lots or parcels or hems as <br />xp <br />6 ;ebdlent, and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of <br />the United Sb[tee <ptiyable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or <br />p daeids conveytng-the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters <br />Oi�acls shard be citiultt�va ;proo of the truthfulness thereof. Any person, Including without limitation Trustor, Trustee, or Lender, may <br />. purchaseat dash sate. <br />+:y lA rr !' fees snd tee'itlEt.Di this Tit t, Including oo* of evidence Of <br />} Ender th4 Mrrrsa -0 #*,Deed of <br />Col { ^! 40 other • ,11011 <br />