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2� 1 ��74�8 <br /> DEED �F TRUST <br /> Laan Na: 167�2�5 {Continued� Page 4 <br /> SEGURITY AGREEMENT: FINANCING STATEMENTS. The follvwing pra�isivns relating to this Deed ofi Trust as a <br /> security agreement are a part of this Deed of Trust: <br /> Security Agreement. This instrument shall constitute a Security Agreement ta the �x�ent any af the Property <br /> C�rkStl�Llt�S �!}Ct[1f�5� and Lender shafl ha�e all of the righ�s ❑f a se�ured party under the Uniform Cammercial Code <br /> as amended from tFme to time. <br /> Security �n#erest. l�pon request by Lender, Trustor shall take whate�er action is requested by Lender �o perfect <br /> and continue Lender's s�curtty interest in the Personal Property. In addi�ian to r�cvrdtng this Deed ❑f Trust in th� <br /> real prop�rty re�ards. Lender may, at any time and withou� further authorization from Trustor, fiie executed <br /> counterparis, copies or reproductions of this D�ed af Trust as a financing s�atement. Trustor shall reimburse <br /> Lender �or all expenses incurred in perfec#ing ar cantinuing this security interest. Upvn default, Trustor shall nvt <br /> rema�e, se�er ar detach the Personal Properiy frvm the Property. Upon de�au�t, Trustor shal� assemble any <br /> Personal P�operty not affixed t� the Property in a manner and at a piace reasonably �on�enient ia Trustar and <br /> Lender and make it a�ailable ta Lender within three �3� days after receipt of written demand from Lender ta the <br /> extent permitted by applicable law. <br /> Addresses. The mailing addresses a� Trustor �debtar} and Lendef �secur�d party� fram which �nformation <br /> cancerning the security interest granted hy th�s �eed of Trust may be ❑btained tea�h as required by the Uniform <br /> �ommerc+al Code� are as sta�ed on th�first page of�h�s Deed of Trus�. <br /> FURTHER ASSURANCES; ATT�RNEY-IN-FA�T. The foliawing pro�isions relating to further assurances and <br /> attorney-in-fact are a part❑f this ❑eed of Trust: <br /> Further Assurances. At any time, and frvm time t� time, up�n request of Lender, Trustor will make, execuEe and <br /> deli�e�, ar will �aus� to be made, executed or deli�ered, to Lender or ta Lender's designee, and when requested by <br /> Lender, cause to t�e �i�ed, recorded, refiled, or rereGarded, as the case may �e, at such times and in such offices <br /> and p�aces as L�nder may deem appropriate, any and a1f such mortgages, deeds of trust, secur+ty deeds, security <br /> agreements, financing statements, continuation statem�nts, instrurnents of further assurance, ce�tificates, and <br /> other documents as may, in the sole opinion of Lender, be necessary or d�sirable in order to effecivate, compfete. <br /> perfect, con�inue, or preser�� {1 y Trustor's ❑bliga#ions under the Note, this Deed o# Trust, and the Related <br /> Dacuments, and �2y the iiens and secur+Ey interests created by this Deed of Trust as first and privr [iens on the <br /> Prope�ty, whether now owned or hereafter acquired by Trust�r. Un�ess prvhibited by law or Lender agrees to the <br /> cvntrary �n writing, Trus�or shal� reimburse Lender #or all costs and expenses tncurred in cannection with the <br /> matters referred to in this paragraph. <br /> Attarney-in-Fact. lf Trustar fails to do any of the #hings referred to in the preceding paragraph, Lender may do so <br /> for and in the name af Trustor and at Trus#ar's expense. Far such purposes, Trustar hereby irre�oca�ly appoin�s <br /> Lender as Trustor's attarney-in-#act for the purpvse of making, exe�uting, d�Ei�ering, �ilin�, recording, and dning a�l <br /> ather things as may be necessary or desirable, in Lender's saEe op+nion, to accomplish the matters re��rred to in <br /> the preceding paragraph, <br /> FULL PERFQRMANCE. It Trustor pays al! the lndebtedness, inc�uding withaut �imitation a!E future ad��nces, wh�n due, <br /> and otherwise performs all the ohl�gatEons impased upon Trustor under this Deed ❑f Trust, Lender shall execute and <br /> deli�er to Trustee a requ�st far fu1! reconveyan�e and shall execu�e and deli�er to Trustvr suitahle statements of <br /> termination o# any financing statement on file e�idencing Lender's security interest in the Rents and the Personal <br /> P�operty. Any recon�eyance fe� required by law sha11 be paid by Trustor, if permitted by appEica�le �aw. <br /> EVENTS �F DEFAULT. At Lender's option, Trustor will be in default und�r this ❑��d of Trust if any of the fol�owing <br /> happen: <br /> Paym�nt Dsfault. Trustor fails to make any payment when due under ihe Indebtedness. <br /> Break �ther Prom�ses. Trustor breaks any prom�se made ta Lender ❑r fails ta perfarm promptly at the time and <br /> str�ctly in the manner pro�ided in this ❑eed of Trust or in any agreement related to this Deed af Trust. <br /> Compliance Default. Failur� to comply with any other term, ab�igatian, ca�enant �r �ondition contained in this <br /> Deed of Trust, the Note or�n any o�the Related ao�uments. <br /> Default on �ther Payments. Failure�f Trustor within�he �ime required by this aeed of Trust t� make any payment <br /> for taxes ar insurance, or any ather payment necessary to pre�ent filing af or to e##ect discharge of any lien. <br /> False S#a#ements. Any representatinn or statement made or furnished to Lend�r by Trustor or an Trustor's behalf <br /> under this Deed of Trust o� ihe Related Dacum�nts is false or mis�eading in any material respect, e�ther now or ax <br /> th�time made or furnished, <br /> ❑e#ecti�e Collateralization. This Deed o� Trust vr any vf the Related Documents ceases to be in full force and <br /> eff�ct �in�luding faiiure of any collateral document Eo create a �alid and per#ected security interest or lieny at any <br /> time and for any reason. <br /> Death vr Insal�ency. The death of Trustor, the insvi�ency vf TrustQr, the appvintment ❑f a rec�i�er far any part of <br /> Trustor's praperty, any assignment for the b�nefiit of creditors, any type vf creditor workout, ar the <br /> commencement of any prnceeding under any bankruptcy or insol�ency laws by or against Trustor. <br /> Taking ❑f the Property. Any creditor or go�ernmental agency tries to take any �# ihe Property or any other af <br /> Trustor's property in whiCh Lender has a lien. This includes taking of, garnishing of ar le�ying an Trustor's <br /> ac�ounts with Lender. Hvwe�er, if Trustor disputes in go�d faith whether the claEm on which the taking of th� <br /> Property is based is �atid ar reasnnable, and if Trustar gi�es Lender wfitten notice o# the claim and �urnishes <br /> Lender with monies nr a su�ety bond satis�actory t� Lender to satisfy the claim, then this default pra�Esion wil� not <br /> apply. <br /> Breach df Dther A�reement. Any breach �y Trust�r under �he terms of any❑ther a�reement between Trustor and <br /> Lend�r that is not remedied within any grace period pra�ided therein, in�lud+ng without limitation any agreement <br /> concerning any indebtedness or ather ob�igation of Trustvr to Lender, whe#her existing now vr later. <br /> E�ents Af#ecting Guarantor. Any o# the preceding e�ents fl�curs w�th r�spect to any guarantor, endorser, su�e�y, <br /> or accommvdation pa�ty o� any vf the lndebte�ness or any guarantor, endorser, surety, or accommadation party <br /> dies vr hecomes +ncompetent, or re�okes vr disputes the �alidity of, ❑r lia�ility under, any Guaranty af the <br /> �ndebtedness. <br /> Insscurity. Lender in good fai�h belie�es itseif insecure. <br /> RIGHTS AND REME�iES �N DEFAULT. !f an E�ent vf Default occurs under this Deed o#Trust, at any time thereafter, <br /> Trustee vr Lender may�x�rcise any one❑r more o#the fo1[awing �ights and remedies: <br /> Acceleratian lJpon Default; Additional Remedies. If any E�ent ❑f Default oc�urs as per the terms of the Note <br /> secured hereby, Lender may declare all IndebEednsss secu�ed by this De�d ❑f Trust to be due and payabie and <br /> the same shall thereupnn �ecvme due and payabEe wiihout any presentment, d�mand, prot�st or notice of any <br /> kind. Thereafter, Lender may: <br /> �af Either in persan or by agent, with or without ��inging any action or proceeding, ar by a recei�er <br /> appointed by a cvurt and withvut regard tv the adequacy vf its se�urity, enter upon and take possession <br />