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Loan No: 162280 <br />201600 79 <br />DEED OF TRUST <br />(Continued) Page 4 <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, 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 (1) Borrower's and Trustor's obligations under the Note, this Deed of Trust, and <br />the Related Documents, and (2) the liens and security interests created by this Deed of Trust as first and prior <br />liens on the Property, whether now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender <br />agrees to the contrary in writing, Trustor shall reimburse Lender for all costs and expenses incurred in connection <br />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 <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 reconveyance 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 Trustor 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 />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 Collateralization. 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 Trustor's property, any assignment for the benefit of creditors, any type of <br />creditor workout, or the commencement of any proceeding under 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 <br />Borrower's or Trustor's accounts with Lender. However, if Borrower or Trustor disputes in good faith whether the <br />claim on which the taking of the Property is based is valid or reasonable, and if Borrower or Trustor gives Lender <br />written notice of the claim and furnishes Lender with monies or a surety bond satisfactory to Lender to satisfy the <br />claim, then this default provision will not apply. <br />Breach of Other Agreement. Any breach by Borrower or Trustor under the terms of any other agreement between <br />Borrower or Trustor and Lender that is not remedied within any grace period provided therein, including without <br />limitation any agreement concerning any indebtedness or other obligation of Borrower or Trustor to Lender, <br />whether existing now or later. <br />Events Affecting Guarantor. 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 validity of, or liability under, any Guaranty of the <br />Indebtedness. <br />Insecurity. Lender in good faith believes itself insecure. <br />Right to Cure. If any default, other than a default in payment, is curable and if Trustor has not been given a notice <br />of a breach of the same provision of this Deed of Trust within the preceding twelve (12) months, it may be cured if <br />Trustor, after Lender sends written notice to Borrower demanding cure of such default: (1) cures the default <br />within fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immediately initiates steps which <br />Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and <br />completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. <br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, <br />Trustee or Lender may exercise any one or more of the following rights and remedies: <br />Acceleration Upon Default; Additional Remedies. If any Event of Default occurs as per the terms of the Note <br />secured hereby, Lender may declare all Indebtedness secured by this Deed of Trust to be due and payable and <br />the same shall thereupon become due and payable without any presentment, demand, protest or notice of any <br />kind. Thereafter, Lender may: <br />(a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver <br />appointed by a court and without regard to the adequacy of its security, enter upon and take possession <br />of the Property, or any part thereof, in its own name or in the name of Trustee, and do any acts which it <br />deems necessary or desirable to preserve the value, marketability or rentability of the Property, or part of <br />the Property or interest in the Property; increase the income from the Property or protect the security of <br />the Property; and, with or without taking possession of the Property, sue for or otherwise collect the <br />rents, issues and profits of the Property, including those past due and unpaid, and apply the same, less <br />