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. 2� 1 ��451 � <br /> � � � � DEED �F TRUST . . <br /> � Loan No:�5�9'I�9 . �Corltinuedy � Page 4 . � <br /> � Addresses. The maiiing addresses vf Trustor tdebtor� and Lender �secured party� from which informat'r�n <br /> concerning the security interest �ranted by this Deed of Trust may be vbtained �each as required by the Unifarm <br /> � �ommercial Codey are as stated on the first page v#thEs Deed of Trust. <br /> FURTHER ASSURANGES; ATTDRNEY-IN-FACT. The fvllowing pro�is+ons relating to furth�r assuran�es and <br /> attorney-in-fact are a part vf this Deed of Trust: . . <br /> � Further Assuran�es. At any time, and from time to time, upan request of Lender� Trustar will make, execute and � <br /> � � deli�er, or will cause to be�mad�, executed or.deli�ered, to Lender or t� Lender's designee, and when requested by <br /> Lender, cause to be #iled, recorded, r�filed, or rerecorded. as the case may be, at su�h times and in such ❑�fices <br /> and places as Lende� may deem appropriate. any°and all such mortgages� deeds of trust� security deeds. se�urity . � <br /> agreements, tinancing stat�ments. continuativn�statements, instruments of further assuran�e, certificates, and <br /> � ❑ther documents as may, �n the sole opinion❑f Lend�r, be necessary or desirable in arder tv effectuate� comp�ete, <br /> perfect, cont�nue, or preser�e 41} Trustor`s ob�igativns under the Note, this ❑eed of Trust, and the Related <br /> � �Dacuments, and �2� the iiens and se�urity interests created by this Deed of Trust as first and.priar liens on the <br /> . Prvperty, whether now owned or hereafter acquired by Trustvr, Unless prahibited by �aw �r Lender agrees ta the � <br /> contrary in writing, Trustor shall reimburse Lender for all cvsts and expenses incurred in connectivn with the <br /> � � matters referred to in this paragraph. : � <br /> � Attorney-in-Fact. If Trustor fa�ls to do any of the things referred to�tn the�preceding paragraph, Lender may do sa , <br /> for and in the name of Trustor and at Trustor's.expense. Far such purposes, Trustor,hereby irre�vcably appoints <br /> �� Lender as Trustor's attvrney-in-�act far the purpose�a# making. exe�uting, d�li�ering. f+�ing, re�ard�ng. and dving all <br /> � other things as may�he necessary �r desirable.�in Lender's sole �pinion. #o accornplish the matters referred to in � <br /> the p�eceding paragraph. � � . � <br /> � FULL PERFDRMANCE. ���f Trustor pays all the indebtedness when due, and ❑therwise pertorms all the obliga�ions <br /> impased upon Trusxor under this Deed of Trust, :Lender sha�i execute and deli�er to Trustse a request f�r �ull � <br /> recon�eyance and shall exe�ute and de�i�er to Trustvr suitable statements ot terminati�n❑t any�inan�ing statement vn � <br /> � � �ile e�idencing Lender's secu�ity interest in the Rents and the Persona!Prvperty., Any re�on�eyance fee�required by law� � . <br /> - , sha!!be paid by Trustor. if permitted�by appli�ab�e law. , , . <br /> EVENTS QF DEFAULT. At Lender's optian. Trustor will be in default under this Deed of.Trust if any of the folfowing <br /> � happen: � <br /> Payment Default. Trustor fai#s to make any payment when due under the Indebtedness. � � <br /> � Break �ther Promises. Trustvr breaks any promise made to Lender or #ai�s ta perfvrm promptiy at the time and <br /> strictly in the manner pro�ided in this Deed of Trust a�in any agreement related ta this Deed❑f Trust. <br /> Campliance De�autt. Failure to comply with any ❑ther term, vhligation, co�enant vr condition c�ntained in this � <br /> Deed af Trust�the Note or in any of the Related Dvcuments. <br /> � Defauft on ather Payments. Failure of Trustvr within the time required by this Deed of Trus�to make any payment <br /> : � � for taxes or insurance, ar any other payment necessary to pre�ent filing❑f❑r to ef�ect discharge of any lien.- <br /> . Defau�t in Fa�or of Third Parties. Should Grantar default under any foan, ex�ension of credit� security agreement. <br /> . purchase vr sales agreement. or any othe� agreement. in #a�or�f any other creditvr or persfln that may materially <br /> � affect any ❑f Grantvr's property or Grantor's.ability tv repay #he lndebtedness or Grantor's abil+ty to perfarm � <br /> � �Grantor's obligations under this Deed of Trust or any of the Related ❑ocuments. <br /> False Statemen#s. Any representatian vr statement made ar furnished to Lender by Trustor or on Trustor's behalf <br /> � under this ❑eed of Trust or the Relat�d Dvcuments is ta�se �r mis�ead+ng in any material respe�t, either naw vr at <br /> . the time made vr furnished. � <br /> . Defecti�e �ollateraliiation. This Deed af Trust or any flf the Re�ated Documents ceases to b� in full #orce and <br /> effect ��ncluding failure of any collateral d��ument to create a �alid and perfected security interest or lieny at any . � <br /> time and for any reason. � � <br /> � Death or,Insol►iency. The death nf Trustar. the insol�ency v�Trustor, the appaintment❑f a recei�er for any part vf <br /> .Trustor`s �proper#y� any assignment far the benefit of creditors. any type of �reditnr work�ut, ar the � <br /> commencement of any proceeding under any bankruptcy or insol�ency laws by or against Trustor. . <br /> Taking of�the Property. Any creditvr ar go�ernmental agency tries to take any of the Prvperty or any other of <br /> . � Trustar's property in which Lender has �a lien. This includes taking o#, garnishing o� ❑r le�ying on Trustor's <br /> � accounts with Lender. Howe�er. if Trustor disputes �n good �aith whether the claim on which the taking vf the <br /> Pr�perty is based �s �alid or reasona�ie. and if Trustor gi�es Lender written nvtice of the claim and-furnishes <br /> �� Lender w�th monies❑r a surety band satisfactvey to Lender tv satisfy the claim. then thiis default pro�ision wiiE not <br /> � apply. _ � . , � . <br /> � Breach of�ther Agreament. Any breach by Trustor under the t�rms of any other agreement betwe�n Trustor and <br /> , � Lender that is no� remedied within any grace period pra�ided therein; including withaut� �imitation any agreement �. � <br /> concerning any indebtedness vr ather obligation vf Trustvr to Lender, whether existing now vr later, . � �. <br /> E►►en#s Affecting Guaran#ar. Any of�the pre�eding eUents occurs with respect tv any guarant�r, endorser; surety, <br /> � � o� accommodation party af any of the Indebtedness or any guarantor� endors�r..surety. or accammadativn party � <br /> �� . dies.or becomes incompetent, ar re�okes or disputes the �alidity of,� nr liability under, any G uaranty of the <br /> � �ndebtedness. . � <br /> Insecurity. Lender in good faith be�ie�es itseif insecure. <br /> Right to Cure. If any default, other than a de#auft in payment� is curabfe and i�Trustor has nvt h�en given a notice � <br /> � of a breach of the same provisian of this Deed vf Trust w�thin the precsding twel�e �1 Zf months, it may be cured if � � <br /> � Trustor, after Lender ssnds written notice to Trustor demanding curg of such default: ��f cures the defauit within <br /> � . twenty �Z�}.days; �r 42y i# the cure requires mvre than twenty �2D� days, immediately initiates steps which <br /> Lender deems in�Lender's sale discretion t❑ b� sufficient�tv� cure the defau�t and thereafter c�ntinues �and � <br /> � completes.al�reasonable and necessary steps suf#icient to p�vduce complian�e as svvn as reasonabiy�practical. <br /> . R�GHTS AND REMEDlES DN DEFAULT. If an E�ent ❑f Default occurs under this aeed v�Trust, at any time therea�ter, <br /> � . Trustee or Lender may exercise any one ar more❑f the following rights and remedEes: <br /> � Acceleration Upon Default: Add�t�onal Remed�es. If any E�ent vf Default occurs as per the terms vf the Note <br /> . se�ured hereby, Lender may declare all Indebtedness secured hy this Deed �f Trust to be due and payable and <br /> � ths same shall thereupon become dus and payab�e.without any presentment. demand, protest❑r natice vf any <br /> kind. Thereafter,.Lender may: � <br /> � . tay E�ther in person or by agent, with or without.bringing any action or praceed�ng, or.by a recei�er <br /> � . appointed by a court and without regard to the adequacy of its security� enter upan and take passessian � <br /> � � � of the Prvperty, or�any par�therevf�,in its own name �r in the�name af Trustee, and do any acts whi�h i# <br /> �deems ne�essary or desirable to preser�e the �alue, mark�tability or rentability af the Praperty, ❑r part o� � <br /> � the Property or interest �n the Property; increase ths incame from the Property ❑r protect the security v� . � <br /> the Property; and, with or withvut taking passession of the Property, sue for ❑r ❑therwise collect the <br />