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I III NEIN1111 Nil III III Nil III Nil III Hill Nil III Nil Nil 101111II 2 0 0 3 0 6 2 51 <br />00000000000000235 <br />DEED OF TRUST <br />Loan No: 8228531119 (Continued) Page 5 <br />from Lender to the extent permitted by applicable law. <br />Addresses. The mailing addresses of Trusfor (debtor) and Lender (secured party) from which information concerning the security <br />interest granted by this Deed of Trust may be obtained leach as required by the Uniform Commercial Code) are as stated on the first <br />page of this Dead of Trust. <br />FURTHER ASSURANCES; ATTORNEY -IN -FACT. The following provisions relating to further assurances and attorney -in -fact are a part of <br />this Dead of Trust: <br />Further Assuranees. At any time, and from time to time, upon request of Lender, Truster will make, execute and deliver, or will cause <br />to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, retarded, <br />rallied, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all <br />such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of <br />further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to <br />effectuate, complete, perfect, continue, or preserve (1) Borrower's and Truster'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 liens on the Property, <br />whether now owned or hereafter acquired by Truster. Unless prohibited by law or Lender agrees to the contrary in writing, Truster <br />shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. <br />Attorney -In -Fact. If Truster fails to do any of the things referred to In the preceding paragraph, Lender may do so for and in the name <br />of Truster and at Truster 'a expense. For such purposes, Truster hereby irrevocably appoints Lender as Truster's attorney -in -fact for <br />the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's <br />sole opinion, to accomplish the matters referred to in the preceding paragraph. <br />FULL PERFORMANCE. If Truster shall strictly perform all of Truster's obligations under the Guaranty and otherwise performs all the <br />obligations imposed upon Truster under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and <br />shall execute and deliver to Truster suitable statements of termination of any financing statement on file evidencing Lender's security <br />interest in the Rents and the Personal Property. Any reconvayance fee required by low shall be paid by Truster, if permitted by applicable <br />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 DetauR. Borrower fails to make any payment when due under the Note Indebtedness or Truster fails to make any payment <br />when due under the Indebtedness. <br />Other Defaults. Borrower or Truster fails to comply with or to perform any other term, obligation, covenant or condition contained in <br />this Deed of Trust or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition <br />contained in any other agreement between Lender end Borrower or Truster. <br />Default Under the Guaranty. Failure by Truster to comply with any term, obligation, covenant or condition contained in the Guaranty. <br />Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Dead of Trust, the Note <br />or in any of the Related Documents. If such a failure Is curable and if Borrower or Truster has not been given a notice of a breach of <br />the same prevision of this Deed of Trust within the preceding twelve 112) months, it may be cured land no Event of Default will have <br />occurred) if Borrower or Truster, after Lender sends written notice demanding cure of such failure: (a) cures the failure within fifteen <br />(15) days; or Ib) if the cure requires more than fifteen 0 5) days, immediately initiates steps sufficient to cure the failure and <br />thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably <br />practical. <br />Default on Other Paymems. Failure of Truster within the time required by this Dead of Trust to make any payment for taxes or <br />insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. <br />Default In Fever of Third Parties. Should Borrower or any Truster default under any loan, extension of credit, security agreement, <br />purchase or sales agreement, or any ether agreement, in favor of any other creditor or person that may materially effect any of <br />Truster's property or Borrower's or any Truster's ability to repay the Indebtedness or perform their respective obligations under this <br />Deed of Trust or any of the Related Documents. <br />False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or Truster or on Borrower's or <br />Trustor's behalf under this Deed of Trust or the Related Documents is false or misleading in any material respect, either now or at the <br />time made or furnished or becomes false or misleading at any time thereafter. <br />Detective, Cellateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and affect )including failure <br />of any collateral document to create a valid and perfected security Interest or lien) at anytime and for any reason. <br />Death or Insolvency. The dissolution or termination of Borrower's or Treator's existence as a going business, the insolvency of <br />Borrower or Truster, the appointment of a receiver for any part of Borrower's or Truster's property, any assignment for the benefit of <br />creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or <br />against Borrower or Treanor. <br />Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self -help, <br />repossession or any other method, by any creditor of Borrower or Trustor or by any governmental agency against any property <br />securing the Indebtedness. This includes a garnishment of any of Borrower 'a or Truster's accounts, including deposit accounts, with <br />