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2� 1 ��73�9
<br /> DEED �F TRUST
<br /> ����tlnU�d} Page 4
<br /> 7axes. The fvllawing shall constitute taxes to which this section applies: (�} a specific tax upon this type of
<br /> Deed of Trust or upon a11 vr any part of the lndebtednsss secured hy th�s Deed ❑f Trust; ��} a specific tax on
<br /> Trustor which Trustor is authorized or required to deduct fram payments on the lndebtedness secur�d by this type
<br /> of Dsed of Trust; t3} a�ax on this type o�Deed of Trust chargeable against the Lender❑r the ha�der af the IVvte;
<br /> and �4} a specific tax on all or any portion of#he �ndebt�dness ar an payments of principal and interest made by
<br /> Trustor.
<br /> 5ubsequQnt Taxes. If any tax to which this se�ti�n applies is enacted suhsequent to the date of this Deed of
<br /> Trust, this e�ent shail ha�e the same effe�t as an ��errt of t�efault, and Lender may exer�is� any or a1� af its
<br /> a�ailable remedFes for an E�ent of Default as pro�ided below unless Trustar either {1} pays the tax before it
<br /> beoomes delinquent,or �2} contests th�tax as p�o�ided abov�;in the Taxes and Liens section ar�d deposits with
<br /> Lende�cash vr a suffrGient corporate surety bond vr other security satisfactory to Lender.
<br /> SECURITY AGR'EEMENT; �1NANC�NG STATEMEhITS. The following provis�ons relating �o this Deed of Trust as a
<br /> �ecurity ag�eement are a part�f this Deed of Trust:
<br /> Security Agreement. This instrumen# shall �onstitute a Security Agreement to the extent any of the Prop�rty
<br /> constitutes fixtures, and Lender shall have all of the rights af a secured party under the UnFform Commercial�ode
<br /> as amended from time to�ime.
<br /> Security Interest. Upan request by Lender, Trustor shali take what�ver action is requested by Lender to pertect
<br /> and continue Lender's security interest in the Persona! P�operty. In addition to recording this Deed ot Trust�n the
<br /> real property records, Lender may, at any time and wi#haut �urther author�zation from Trustor, file executed
<br /> �ounterpart�, cop�es ar rsprodu�tions ❑f this Deed of Trust as a fFnancing statement. Trustor shall reimburse
<br /> Lender far ali expenses incurred in perfe�ting or continuing this secur+ty int�rest. lJpvn default, Trustor shal� not
<br /> remove, sever ❑r detach the Personal Pr�perty fram the Property. Upvn default, Trustor sha13 assembfe any
<br /> Persona� Property nat affixed ta #he Praperty in a manner and at a pface reasonabiy con�enient t� Trustor and
<br /> Lender and make it availa�le to Lender wsthin th+��e �3} days after rece�pt�f written de�and f�om 'Lender to the
<br /> extent permitted by applicable law.
<br /> Addresses. The maiiing add�esses vf Trustor �debtor} and Lender {secured party} from which information
<br /> c�ncerning the security interest granted by this Deed of Trust may be o�ta�ned �each as required by the Uniform
<br /> �vmmercial�ode}ace as stat�d on the first pagQ of ihis flee�vf Trust,
<br /> FIJRTHER ASSURAN�ES; ATT�RNEY-IN-FAC7. The fo!lowing provisivns re�ating to further assurances and
<br /> attnrney-in-fiact are a par�of this ❑eed of Trust:
<br /> Further Assurances. At any time, and from time ta t�me, upon reques#of Lend�, Trustar wi�l make, execute and
<br /> del i�er, ar wi f i cause ta be m�le,exea.�ed or deli�ered,#o�ender or to Lender's designee,and when reque�ted by
<br /> Lender, cause to be f�ed, reoorded, refi l ed, or rerecord ed, as the�.ase may be, at suc�-�ti mes and i n such offioes
<br /> and pl��es as Lender'may deem apprvpriate, any and al!such rrx�rtgages, deeds of tru st, secu rity deeds, secu rity
<br /> agreements, financing stat�men�s, oantinuativn staternents, inst�-urr�nts vf further assuranae, oertificates, and
<br /> vt'her documents as may, in the�o�e opinion o�Lender, be neoessary or desirable in order tp effectuate, complete,
<br /> perfect, continue, vr pr�� �1) Trustor's obiigations under the N�te, #his D�ecd of Trust, and the F�+eia#ed
<br /> Docurr�e�ts, and ��} �tne li�ns and security interests cxeated by this Deed of Trust on the Property,whe���r n�vu
<br /> awned or hereafter aoquire�d by Trustor. Uniess prahik�ited by faw ar Lender agrees to #he ovntrary in writing,
<br /> Trustvr shall reimk�urse Lender fvr all costs and expenses incuRed in oanne�ian with the matters referred tv�n th�s
<br /> Paragraph.
<br /> Attorney-in-�act. I�Tn�stor faiss to do any o�the things referred to in�he prec�cling paragraph,Lender may dv sa
<br /> for and in the name of Trustnr and at Trusto�'s expense. For such purposes, Trus�or hereby irre�ocably appoints
<br /> Lend��-as Trust�r's attarney-in-fact�ar the purpose of makiny,executing,de�i�ering,f ling, recvrding,and daing all
<br /> v�her things as may be neoessary or desirabFe, in Lender's sole apinion, tv aaovmpiish the matters referred tv in
<br /> the preoeding paragraph.
<br /> FULL PERFQRMANCE� If Trustor pays al! the Indebtedness when due, and otherwis� performs all th� abligations
<br /> impvsed upan Trusto� under �hRs D�ed of Trust, Lender shall execute and deli�ec to Trustee a request �ar fu�l
<br /> reoan�eyance and shall execute and deli�er to Trustor suitab�e statements af termination of any finanGing s�tatement on
<br /> f1e s�idenc�ns Lender's security in�erest En the Rents and#he Persanal Property. Any reavn�eyanoe fee required by law
<br /> shall be paid by Trustor, if pe�mi#ted by applicable Eaw.
<br /> E1lE1VTS �F DEFAULT. At �enders optivn, Trust��-wiR� be in defauit unde�this Deed of Trust if any of��e fflS4vwir�g
<br /> happen:
<br /> Payment Default. Trustvr#a��s tv make any payment when due under�he lndeb�edness.
<br /> Break �th�� Promises. Trustor �reaks any promise made ta L�nder or�Fails to perform prvmptly at the time and
<br /> stri�tiy in the manner pro�ided in this Deed of Trust vr ir�any agreement related ta this�eed of Trus�.
<br /> Compliance Default. Fai[ure to comply with any othe� term, ob�igatia�, ca�enant or candiEion cor�tained in this
<br /> Deed of Trust, the Note o�in any of the Related Documents.
<br /> Default on�the�Payments. Fai�ure of Trustor within the time required by this ❑eed of Trust to make any payment
<br /> for taxes or�nsurance, or any other payment necessary to pre�ent�Fling of or to effect discharge vf any iien.
<br /> Defau�# in Fa�or of Third Parties. Shvu�d Grantor default under any loan, extensian of credit, securi#y agreernent,
<br /> purchase vr sales agreement, or any�ther agreement, in fa�or of any nther credi#or ar pers�n that may materially
<br /> affect any af Grantor's prope�ty or Grantar's ability to repay the Indebtedness ar Granto�'s ab+lity ta pertorm
<br /> Grantvr's❑b�igations under this Deed of Trust or any vf the Related Dacuments.
<br /> False Statements. Any representati�n or statement made or furnished to Lender by Trustor❑r an Trustor's behalf
<br /> under this Deed�f Trust or the Related Documen#s is false or misieading in any material respect, e�#her now ar at
<br /> xh�t�me made or furnished.
<br /> DefectE►►e Collateralization. This Deed �f Trust or any af the Related Dacuments ceases #❑ be in full force and
<br /> effect (inciuding failure of any collatera� dacument t� c�eate a valid and per�ected security in#erest or iien}at any
<br /> time and f�r any reas�n.
<br /> Death ar Insol�en�y. The death of Trustor, the insolvency of Trustor, the appaintment❑f a receiver for any part of
<br /> Trustor`s property, any assfgnment for the benefit of creditars, any type of creditor workout, or the
<br /> commencement of any proceeding under any bankruptGy or insalvency laws by ar aga�nst Trustor.
<br /> Tak�ng af the Praperty. Any creditor �r governmental agency tries ta take �ny vf the Praperly o� any other of
<br /> Trustar's prvpe�ty in which Lender has a lien. This incfudes taking of, garnishing of �ar ie�ying on Trustvr's
<br /> accounts with Lender. Hvwe�er, if Trustor disputes in goad faith whether the claim an which the taking vf the
<br /> Properiy is based is �a�id �r reasonabEe, and i� Trustor gi�es Lender w�itten notice of the ciaim and �urnishes
<br /> L�nder with monies or a surety bond satisfactory to Lender to satisfy the claim,then this default pro�ision will not
<br /> apply.
<br /> Breach af Uther Agreem�nt. Any �reach by Trustor under the terms o�any other agreement between Trust�r and
<br /> Lender that is n�t remedied within any grace peri�d pra�ided there�n, including without limitation any agreement
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