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200210276 <br />DEED OF TRUST <br />Loan No: 775238 )Continued) Page 5 <br />Taxes. The following shall constitute taxes to which this section applies: (11 a specific tax upon this type of Deed of Trust or upon <br />all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Borrower which Borrower is authorized or <br />required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (3) a tax an this type of Deed of Trust <br />chargeable against the Lender or the holder of the Note; and 141 a specific tax on all or any portion of the Indebtedness or on <br />payments of principal and interest made by Borrower. <br />Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall <br />have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as <br />provided below unless Truster either 111 pays the tax before it becomes delinquent, or 121 contests the tax as provided above in the <br />Taxes and Liens 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 <br />part 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 <br />Lender shall have all of the rights of a secured party under the Uniform Commercial Cade as amended from time to time. <br />Security Interest. Upon request by Lender, Truster shall execute financing statements and lake whatever other action is requested by <br />Lender to perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Deed of <br />Trust in the real property records, Lender may, at any time and without further authorization from Trustor, file executed counterparts, <br />copies or reproductions of this Dead of Trust as a financing statement. Trustor shall reimburse Lender for all expenses incurred in <br />perfecting or continuing this security interest. Upon default, Trustor shall not remove, sever or detach the Personal Property from the <br />Property. Upon default, Trustor shall assemble any Personal Property not affixed to the Property in a manner and at a place <br />reasonably convenient to Trustor and Lender and make it available to Lender within three (3) days after receipt of written demand <br />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 <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 Deed of Trust. <br />FURTHER ASSURANCES; ATTORNEY -IN -FACT. The following provisions relating to further assurances and attorney -in -tact are a pan of <br />this 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 <br />to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, <br />region, 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 (11 Borrower's and Trustor'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 Trustor. 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 Trustor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name <br />of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints Lender as Trustor'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 manars referred to in the preceding paragraph. <br />FULL PERFORMANCE. If Borrower pays all the Indebtedness, including without limitation all future advances, when due, and otherwise <br />performs all the obligations imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full <br />reconveyance and shall worms and deliver to Trustor suitable statements of termination of any financing statement on file evidencing <br />Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by law shall be paid by Trustor, if <br />permitted by applicable 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 Default. Borrower falls to make any payment 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 and Borrower or Truster. <br />Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note <br />or in any of the Related Documents. If such a failure is curable and if Borrower or Trustor has not been given a notice of a breach of <br />the same provision of this Dead of Trust within the preceding twelve 112) months, it may be cured (and no Event of Default will have <br />occurred) if Borrower or Truster, after Lender sends written notice demanding cure of such failure: lal cures the failure within fifteen <br />it 5) days; or (b) if the cure requires more than fifteen (1 51 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 Payments. Failure of Trustor within the time required by this Deed 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 />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 />Defective Collateralization. This Dead 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 any time and for any reason. <br />