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202402966 <br />DEED OF TRUST <br />(Continued) Page 5 <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 Personal Property. In addition to recording this Deed of Trust in the <br />real property records, Lender may, at any time and without further authorization from Trustor, file executed <br />counterparts, copies or reproductions of this Deed of Trust as a financing statement. Trustor shall reimburse <br />Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Trustor shall not <br />remove, sever or detach the Personal Property from the Property. Upon default, Trustor shall assemble any <br />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) Trustor's obligations under the Credit Agreement, this Deed of Trust, and the <br />Related Documents, and (2) the liens and security interests created by this Deed of Trust on the Property, <br />whether now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in <br />writing, Trustor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred <br />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 Trustor pays all the Indebtedness when due, terminates the credit line account, and otherwise <br />performs all the obligations imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to Trustee <br />a request for full reconveyance and shall execute and deliver to Trustor suitable statements of termination of any <br />financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Any <br />reconveyance fee required by law shall be paid by Trustor, if permitted by applicable law. <br />EVENTS OF DEFAULT. Trustor will be in default under this Deed of Trust if any of the following happen: (A) Trustor <br />commits fraud or makes a material misrepresentation at any time in connection with the Credit Agreement. This can <br />include, for example, a false statement about Trustor's income, assets, liabilities, or any other aspects of Trustor's <br />financial condition. (B) Trustor does not meet the repayment terms of the Credit Agreement. (C) Trustor's action or <br />inaction adversely affects the collateral or Lender's rights in the collateral. This can include, for example, failure to <br />maintain required insurance, waste or destructive use of the dwelling, failure to pay taxes, death of all persons liable on <br />the account, transfer of title or sale of the dwelling, creation of a senior lien on the dwelling without Lender's <br />permission, foreclosure by the holder of another lien, or the use of funds or the dwelling for prohibited purposes. <br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, <br />Trustee or Lender may 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 Credit <br />Agreement secured hereby, Lender may declare all Indebtedness secured by this Deed of Trust to be due and <br />payable and the same shall thereupon become due and payable without any presentment, demand, protest or <br />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 receiver <br />appointed by a court and without regard to the adequacy of its security, enter upon and take possession <br />