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DEED OF TRUST <br />200006732 (continued) Page a <br />Deed of Trust. <br />FURTHER ASSURANCES; ATTORNEY4N -FACT. The following provisions relating to further assurances and attorney4n4act are a part of this <br />Deed of Trust: <br />Further Asoxances. At any time, and from time to time, upon request of Lender, Trustor will make, execute and deliver, or will cause to be <br />made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, rallied, or <br />rerecorded, as the case may be, at such times and In such otfioss and places as Lender may deem appropriate, any and all such mortgages, <br />deeds of trust, security deeds, security agreements, financing statements, continuation statements, Instruments of further assurance, <br />certificates, and other documents as may, In the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, <br />continue, or preserve (1) Trustor's obligations under the Note, this Dead of Trust, and the Related Documents, and (2) the Nero and <br />security Interests created by this Deed of Trust on the Property, whether now owned or hereafter acquired by Truster. Unless prohibited by <br />law or Lender agrees to the contrary In writing, Trustor shall reimburse Lender for all costs and expenses incurred in connection with the <br />matters referred to in this paragraph. <br />Attornsy4n- Fact. if Trustor falls to do any of the things referred to M the preceding paragraph, Lender may do so for and in the name of <br />Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints Lender as Trustoes attorney -In --tact for the <br />purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole <br />opinion, to accomplish the matters referred to in the preceding paragraph. <br />FULL PERFORMANCE. If Trusty pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Trustor under <br />this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and delver to Trustor suitable <br />statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Any <br />reconveyanos fee required by law shall be paid by Trustor, if permitted by applicable law. <br />EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed of Trust: <br />Payment Default. Trustor fails to make any payment when due under the Indebtedness. <br />Other Defaults. Trustor falls to comply with or to perform any other term, obligation, covenant or condition contained in this Deed of Trust or <br />In any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained In any other <br />agreement between Lender and Trustor. <br />Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained In this Deed of Trust, the Note or in <br />any of the Related Documents. If such a failure Is curable and if Trustor has not been given a notice of a breach of the same provision of this <br />Deed of Trust within the preceding twelve (12) months, it may be cured (and no Event of Default will have occurred) ff Trustor, after Lender <br />sends written notice demanding cure of such failure: (a) cures the failure within fifteen (15) days; or (b) If the cure requires more than fifteen <br />(15) days, immediately Initiates steps sufficient to cure the failure and thereafter continues and completes all reasonable and necessary steps <br />sufficient to produce compliance as soon as reasonably practical. <br />Default on Other Pymerds. Failure of Trustor within the time required by this Deed of Trust to make any payment for taxes or Insurance, or <br />any other payment necessary to prevent filing of or to gifted discharge of any Non. <br />Default In Favor of Third Partles. Should Truster dofault under any ban, extension of credit, security agreement, purchase or sales <br />agreement, or any otter agreement, in favor of any other creditor or person that may materially affect any of Trustor's property or Trustoes <br />ability to repay the Indebtedness or perform their respective obligations under this Deed of Trust or any of the Related Documents. <br />Floe Statements. Any warranty, representation or statement made or furnished to Lender by Trustor or on Trustoes behalf under this Deed <br />of Trust, the Note, or the Related Documents is false or misleading In any material respect, either now or at the time made or furnished or <br />becomes false. or misleading at any tune thereafter. <br />Defective Comateralisabon. This Dead of Trust or any of the Related Documents ceases to be In full force and effect (Including failure of any <br />collateral document to create a valid and perfected security Interest or Men) at any time and for any reason. <br />Death or Insolvency. The death of Trustor, the insolvency of Trustor, the appointment of a receiver for any part of Trustor's property, any <br />assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or <br />Insolvency laws by or against Trustor. <br />Creditor or Forfelturs Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self -help, <br />repossession or any other method, by any creditor of Trustor or by any governmental agency against any property securing the <br />Indebtedness. This includes a garnishment of any of Trustoes accounts, including deposit accounts, with Lender. However, this Event of <br />Default shall not apply If there is a good faith dispute by Trustor as to the validity or reasonableness of the claim which Is the basis of the <br />creditor or forfeiture proceeding and if Trustor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender <br />monies or a surety bond for the creditor or forfeiture proceeding, In an amount determined by Lender, in its sole discretion, as being an <br />adequate reserve or bond for the dispute. <br />Breach of oiler Agreement. Any breach by Trustor under the terms of any other agreement between Trustor and Lender that Is not <br />remedied within any grace period provided therein, including without limitation any agreement concerning any Indebtedness or otter <br />obligation of Trustor to Lender, whether existing now or later. <br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party <br />of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes <br />the validity of, or Inability under, any Guaranty of the Indebtedness . In the event of a death, Lender, at its option, may, but shall not be <br />required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to <br />Lender, and, in doing so, cure any Event of Default. <br />Adverse Change. A material adverse change occurs in Trusty's financial condition, or Lender believes the prospect of payment or <br />performance of the Indebtedness is impaired. <br />Insecurity. Lender in good faith believes beg insecure. <br />Edo" Indebtedness. The payment of any installment of principal or any interest on the Existing Indebtedness is not made within the tine <br />required by the promissory note evidencing such indebtedness, or a default occurs under the Instrument securing such Indebtedness and Is <br />not cured during any applicable grace period in such Instrument, or any suit or other action is commenced to foreclose any existing Non on <br />the Properly. <br />Right to Cum. If such a failure is curable cnd if Truster has not been given a notice of a breach of the same provision of this Deed of Trust <br />within the preceding twelve (12) months, K may be cured (and no Event of Default will have occurred) ti Tnutor, after Lender sends written <br />notice demanding cure of such failure: (a) cures the failure within Olson (15) days; or (b) It the cure requires more than fi0een (15) days, <br />immediately initiates steps sufficient to cure the failure and thereafter continues and completes all reasonable and necessary steps sul ident <br />to produce compliance as soon as reasonably practical. <br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Dead of Trust, at any time thereafter, Trustee or Lender may <br />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 secured hereby, lender <br />nay declare all Indebtedness secured by this Deed of Trust to be due and payable and the same shall thereupon become due and <br />payable without any presentment, demand, protest or notice of any kind. Thereafter, Lender may: <br />(a) Either In person or by agent, with or without bringing any action or proceeding, or by a reoeiver appointed by a court and <br />without regard to the adequacy of Ns security, enter upon and take possession of the Property, or any part thereof, in Its own name <br />or In the name of Trustee, and do any ads which it deems necessary or desirable to preserve the value, marksW Aty or rentability <br />of the Property, or part of 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 rants, issues and prof is of the <br />Property, Including those past due and unpaid, and apply the sane, lose costs and expenses of operation and collection attorneys' <br />fees, to any indebtedness secured by this Deed of Trust, all in such order as Lender may determine. The entering upon and taking <br />