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20100961§77 DEED OF TRUST
<br />Loan No: 777737 (Continued) Page 4
<br />Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Dead of Trust, this event shall have the
<br />same effect as an Event of Default, and Lander may exercise any or all of its available remedies for an Event of Default as provided below
<br />unless Trustor either (t) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens
<br />section and deposits with 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 security agreement are a part
<br />of this Deed of Trust:
<br />Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender
<br />shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time.
<br />Security Interest. Upon request by Lender, Trustor shall execute financing statements and take whatever other action is requested by
<br />Lender to perfect and continue Lender's security interest In the Personal Property. In addition to recording this Deed of Trust in the real
<br />property records, Lender may, at any time and without further authorisation from Trustor, file executed counterparts, copies or reproductions
<br />of this Deed of Trust as a financing statement. Trustor shall reimburse Lender for all expenses Incurred In perfecting or continuing this
<br />security interest. Upon default, Trustor shall not remove, sever or detach the Personal Property from the Property. Upon default, Trustor
<br />shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Trustor and Lender
<br />and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law.
<br />Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which information concerning the security Interest
<br />granted by this Dead of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this
<br />Deed of Trust.
<br />FURTHER ASSURANCES; ATTORNEY - INTACT. The following provisions relating to further assurances and atlorneytiri -fact are a part of this
<br />Deed of Trust:
<br />Further Assurances. At any time, and from time to time, upon request of Lender, Trustor will make, execute and deliver, or will cause to be
<br />made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or
<br />rerecorded, as the case may be, at such times and in such offices and places as Lander may deem appropriate, any and all such mortgages,
<br />deeds of trust, security deeds, security agreements, financing statements, continuation statements, Instruments of further assurance,
<br />certificates, and other Documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect,
<br />continue, or preserve (1) Trustor's obligations under the Note, this Dead of Trust, and the Related Documents, and (2) the liens and
<br />security interests created by this Deed of Trust as first and prior liens on the Property, whether now owned or hereafter acquired by Trustor.
<br />Unless prohibited by law or Lender agrees to the contrary in writing, Trustor shall reimburse Lender for all costs and expenses incurred in
<br />connection with the matters referred to in this paragraph.
<br />Atlomey- In -Fac6 If Trustor fails to do any of the things retained to in the preceding paragraph, Lender may do so for and in the name of
<br />Trustor and at Trustor's expense. For such purposes, Truster hereby irrevocably appoints Lender as Trustor's attorneytin -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 Trustor pays all the Indebtedness, including without limitation all future advances, when due, and otherwise performs
<br />all the obligations imposed upon Trustor under this Dead of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and
<br />shall execute and deliver to Trustor suitable statements of termination of any financing statement on file evidencing Lender's security interest In the
<br />Rents and the Personal Property. Any reconveyance fee required by law shall be paid by Trustor, it permitted by applicable law.
<br />EVENTS OF DEFAULT. At Lender's option, Trustor will be in default under this Deed of Trust If any of the following happen:
<br />Payment Default. Trustor falls to make any payment when due under the Indebtedness.
<br />Break Other Promises. Trustor breaks any promise made to Lender or fails to perform promptly at the time and strictly in the manner
<br />provided in this Dead of Trust or in any agreement related to this Deed of Trust.
<br />Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note or in
<br />any of the Related Documents. If such a failure is curable and if Trustor has not been given a notice of a breach of the same provision of this
<br />Dead of Trust witNn the preceding twelve (12) months, It may be cured (and no Event of Default will have cccurretl) it Trustor, after Lender
<br />sands written notice demanding cure of Such failure: (a) cures the failure within ten (10) days; or (b) if the cure requires more than ten (10)
<br />days, immediately initiates steps sufficient to cure the failure and thereafter continues and completes all reasonable and necessary steps
<br />sufficient to produce compliance as soon as reasonably practical.
<br />Default on Other Payments. Failure of Trustor within the time required by this Deed of Trust to make any payment for taxes or insurance, or
<br />any other payment necessary to prevent filing of or to effect discharge of any lien.
<br />False Statements. Any representation or statement made or furnished to Lender by Trustor or on Tractor's behalf under this Deed of Trust
<br />or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished.
<br />Detective Collelee isetion. This Deed of Trust or any of the Related Documents ceases to be In full force and effect (including failure of any
<br />collateral document to create a valid and perfected security interest or lien) at any time and for any reason.
<br />Death or insolvency. The death of Trustor, the insolvency of Trustor, the appointment of a receiver for any part of Trustor's property, any
<br />assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or
<br />Insolvency laws by or spar nsl Truster.
<br />Taking of the Property. Any creditor or governmental agency hies to take any of the Properly or any other of Truser's property in which
<br />Lender has a lien. This includes taking of, garnishing of or levying on Tractor's accounts with Lander. However, if Trustor disputes in good
<br />faith whether the claim on which the taking of the Property is based is valid or reasonable, and If Truster gives Lander written notice of the
<br />claim and furnishes Lander with monies or a surety bond satisfactory to Lender to satisfy the claim, then this default provision will not apply.
<br />Breach of Other Agreement. Any breach by Trustor under the terms of any other agreement between Trustor and Lender that Is not
<br />remedied within any grace period provided therein, Including without limitation any agreement concerning any indebtedness or other
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