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2P O 41.214 5 DEED OF TRUST page a <br />Loan No: 101 04823 (Continued) <br />Taxes. The following Shall constitute taxes to which the section applies: (1) a specific tax upon this type of Dead of Trust a upon all or any <br />pert of the Indebtedness secured by this Dead of Trust; (2) a specific tax on Borrower which Borrower is authorized or required to deduct <br />from payments on the Indebtedness secured by this type of Dead of Trust; (3) a lax on this type of Dead of Trust chargeable against Me <br />Lender or the holder of the Note: and (4) a spechc t" on .11 or any portion of the Indebtedness or on payments of principal and Interest <br />made by Borrower. <br />Subsequent Taxes. If any hex to which this section applies Is enacted subsequent b the data of this Dead of Trust, this event shall have Me <br />same effect as an Event of Default, and Lander may exercise any or all of Its ..list IQ remedies for an Event of Default as provided below <br />unless Truster either (1) pays the lax before it becomes delinquent, or (2) contests the tax es provided above In the Taxes and Liens <br />section and deposits with Lender cash c, a sufficient corporate surety bond or other security satisfactory to Lentler. <br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Dead of Trust es a sepu ity agreement are a part <br />of this Dead of Trust: <br />Security Agreement. The instrument snail constitute a Security Agreement to the indent any of the Property constitutes fixtures, and Lender <br />shall have all of the rights of a secured party undo the Uniform Commerce] Code as amended from eme to time. <br />Security Interest. Upon request by Lender, Truster shall lake whatever action Is rein the tl by Lender to records, L and continue any time <br />security interest In the Personal Property. In addition to recording this Dead of Trust In Me reel property is Dead Lender may, at any time <br />and without further authorisation from Trustor, file executed counterpane, copies or repretluctions of this Oeetl of Trust as e financing <br />Trusl <br />statement. Trustor shall reimburse Lander for II expenses Incuretl in padecting or continuing this security Internal. Upon default, <br />shall not remove, sever or detach the Personal property from the Property. Upon default, Trustor shall assemble any Personal Property not <br />offixed to the Property In a manner and at a place reasonably convenient to Truster antl Lender and make It avallable to Lender within three <br />(3) days after receipt of written demand from Lender to the extent permitted by applicable law. <br />�nted by the Deed of Trust�bef Truster (debtor) and <br />(each as requiretl by(secured <br />t euUniform Commer IelhCoda) areeasconcerning <br />stated on the first page) of his <br />Dead of Trust. <br />FURTHER ASSURANCES; ATTORNEY -IN -FACT. The following Provisions relating to further assurances and aMarsyan -fact are a pad of this <br />Dead of Trust: <br />Further Asourences. At any fine. and from time to firm, upon request of Lender, Trustor will make, execute and deliver, or will ca eso to oe <br />made, executed or delivered, to Lender or In Lender's designee, and when requested by Lender, cause to be filed, recorded, <br />rerecorded, of trust security mdeeds,aseeur such lly agreements, financing statements, continuation statements,, Instruments and <br />ot fall <br />urtherl assurance. <br />deeds of hunt, N <br />continue, o end other (1) B tits as may, in rust sole opinion of under t be necessary a d of Trust, in add th to elated Do complete, d (2) <br />continue, or preserve (1) Borrowers and this obligations under the Note, this Deed the Trust, end the Related Documents, end (2) <br />the liens and security Interests created by this Deed of Trust as Orst and prior liens on the Property, whether now owned all hereafter <br />acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writing, Trustor shall reimburse Lender <br />far ell costs and <br />expenses incurred in connection with the matters referred to in this paragraph. <br />Altorney -In -Feet. If Trustor falls to do any of the things referred to in the preceding paragraph, Lander may do sit for end In the name of <br />Trustor and at Truss's expense. For such purposes, Trustor hereby Irrevocably appoints Lander as Trustor's ahorney-In -fact 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 Borrower pays all the Indebtedness when tlue, and othervilm performs all the obligations imposed upon Trustor under <br />this Dead of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to Trustor suitable <br />statements of ordination of any 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 />DEFAULT. At Lender's option, Trustor will be In default under this Deed of Trust if any of the following happen: <br />Fraud or Materiel Mfareprexntallon. Trustor commits fraud or materiel misrepresentation in connection with the forms of the Note. <br />Payment Default. Trustor fails to meet the repayment terms of the Note for any outstantling balance. <br />Other Defauga. Trustees act or failure to act adversely aHece Lender's security Interest In the Propedy, or any right of Lender's in such <br />security. <br />Right to Cute. If any default, other than a default In payment Is curable and if Trustor has not been given a notice of a breach of the same <br />provision of this Dead of Trust within the preceding twelve (12) months, It may be cured If Trustor, after receiving written notice from Lender <br />demanding cure of such default: (1) cures the default within ten (10) days; s (2) if the cure requires more than ten (10) days, immediately <br />Initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all <br />reasonable and necessary steps sufficient to produce compliance s soon as reasonably precfical. <br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed 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 Remedles If any Event of Default occurs as per the terms of the Note secured hereby, Lender <br />may declare all Indebtedness secured by this Dead 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, Lander may: <br />(a) Either in person a by agent, with or without . bringing any action or proceeding, or by a receiver appointed by a court and <br />without regard to the adequacy of Ie 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 acts which it deems necessary or desirable to preserve the value, marketability or rentability <br />of the Property, or part of the Property or interest in the Property: increase the Income from the Property a protect the security of <br />the Property; and, with or without taking possession of the Property, sue for or otherwise collect the rend. Issues and profits of the <br />