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Loan No: 12987 <br />201808243 <br />DEED OF TRUST <br />(Continued) Page 4 <br />type of Deed of Trust; (3) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the <br />Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest <br />made by Borrower. <br />Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of <br />Trust, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its <br />available remedies for an Event of Default as provided below unless Trustor either (1) pays the tax before it <br />becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with <br />Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. <br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a <br />security agreement are a part of this Deed of Trust: <br />Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property <br />constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code <br />as amended from time to time. <br />Security Interest. Upon request by Lender, Trustor shall take whatever action is requested by Lender to perfect <br />and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Deed of <br />Trust in the real property records, Lender may, at any time and without further authorization from Trustor, file <br />executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Trustor shall <br />reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Trustor <br />shall not remove, sever or detach the Personal Property from the Property. Upon default, Trustor shall assemble <br />any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Trustor and <br />Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the <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 attomey-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. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed <br />of Trust: <br />Payment Default. Borrower fails to make any payment when due under the Indebtedness. <br />Other Defaults. Borrower or Trustor fails to comply with or to perform any other term, obligation, covenant or <br />condition contained in this Deed of Trust or in any of the Related Documents or to comply with or to perform any <br />term, obligation, covenant or condition contained in any other agreement between Lender and Borrower or Trustor. <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 />Default in Favor of Third Parties. Should Borrower or any Grantor default under any loan, extension of credit, <br />security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person <br />that may materially affect any of Borrower's or any Grantor's property or Borrower's ability to repay the <br />Indebtedness or Borrower's or Grantor's ability to perform their respective obligations under this Deed of Trust or <br />any of the Related Documents. <br />False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or Trustor <br />or on Borrower's or Trustor's behalf under this Deed of Trust or the Related Documents is false or misleading in <br />any material respect, either now or at the time made or furnished or becomes false or misleading at any time <br />thereafter. <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 dissolution or termination of Borrower's or Trustor's existence as a going business, the <br />insolvency of Borrower or Trustor, the appointment of a receiver for any part of Borrower's or Trustor's property, <br />any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding <br />under any bankruptcy or insolvency laws by or against Borrower or Trustor. <br />Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial <br />proceeding, self-help, repossession or any other method, by any creditor of Borrower or Trustor or by any <br />governmental agency against any property securing the Indebtedness. This includes a garnishment of any of <br />Borrower's or Trustor's accounts, including deposit accounts, with Lender. However, this Event of Default shall <br />not apply if there is a good faith dispute by Borrower or Trustor as to the validity or reasonableness of the claim <br />which is the basis of the creditor or forfeiture proceeding and if Borrower or Trustor gives Lender written notice of <br />the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture <br />