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200406259 <br />For purposes of facilitating the recording hereof, this Deed of Trust has been executed in three counterparts each of <br />which shall be taken to be an original and each of which together or anyone thereof shall be deemed to constitute but <br />one and the same instrument. <br />This instrument shall constitute a security agreement with respect to the equipment, improvements, fixtures, <br />appurtenances, income and other personal property included in the description of the property and collateral contained <br />herein and in said separate Security Agreement and Financing Statements. <br />Upon request by Beneficiary, Trustor shall execute financing statements and take whatever other action is requested by <br />Beneficiary to perfect and continue Beneficiary's security interest in the equipment, improvements, fixtures, <br />appurtenances, income and other personal property included in the description of the property and collateral contained <br />herein and in said separate Security Agreement and Financing Statements. Trustor appoints Beneficiary as Trustor's <br />attorney in fact for the purpose of executing any documents necessary to perfect or continue the security interest <br />granted therein and authorizes Beneficiary to file such financing statements as Beneficiary deems appropriate to perfect <br />its security interest in the equipment, improvements, fixtures, appurtenances, income and other personal property <br />included in the description of the property and collateral contained herein and in said separate Security Agreement and <br />Financing Statements. Beneficiary may file copies or reproductions of this deed of trust as a financing statement at <br />any time without further authorization from Trustor. Trustor will reimburse Beneficiary for all expenses incurred in <br />perfecting or continuing this security interest. Upon default, Trustor shall assemble the personal property and make it <br />available to Beneficiary within three days after receipt of written demand from Beneficiary. <br />This instrument constitutes a financing statement filed as a fixture filing in the Official Records of the County <br />Recorder of the County in which the real property is located with respect to any and all fixtures included in the <br />property or collateral described herein and in said separate Security Agreement and Financing Statements and with <br />respect to any goods or other personal property that may now be or hereafter becomes fixtures. <br />Beneficiary shall have the right, power and authority during the continuance of this Deed of Trust to collect the rents, <br />issues and profits of the property and of any personal property located thereon with or without taking possession of the <br />property affected hereby, and Trustor hereby absolutely and unconditionally assigns all such rents, issues and profits to <br />Beneficiary. Beneficiary, however, hereby consents to Trustor's collection and retention of such rents, issues and profits <br />as they accrue and become payable, so long as Trustor is not, at such time, in default with respect to payment of any <br />indebtedness secured hereby, or in the performance of any agreement hereunder. If any event of default described <br />hereafter in respect to this Deed of Trust shall have occurred and be continuing, Beneficiary, as a matter of right and <br />without notice to Trustor or anyone claiming under Trustor, and without regard to the value of the trust estate or the <br />interest of the Trustor therein, shall have the right to apply to any court having jurisdiction to appoint a receiver of the <br />property. It is further agreed that in case of default in the payment of the said principal upon the Deed of Trust Note or <br />interest, or any part thereof, as it shall mature, or in the case of failure to keep or perform any of the covenants or <br />agreements contained in this Deed of Trust or such other loan or security documents, then the Beneficiary, its successors <br />or assigns, shall be and is hereby authorized and empowered to take immediate possession of the said premises hereby <br />conveyed and all crops thereon, or to collect the rents therefrom, and to apply the proceeds thereof to the payments of the <br />debt hereby secured. <br />To Have and to Hold the Same, together with all and singular the privileges and appurtenances thereunto belonging: In <br />Trust Nevertheless, that in case of default in the payment of said Deed of Trust Note or any part thereof, or in the <br />payment of the interest thereon, according to the tenor and effect of said Deed of Trust Note, principal or interest, if any, <br />or in case default shall be made in or in case of violation or breach of any of the terms, conditions, covenants, or <br />agreements herein contained, then all sums secured hereby shall immediately become due and payable at the option of the <br />