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200210986 <br />DEED OF TRUST <br />Loan No; 775338 (Continued) Page 4 <br />shall have all of the right of a secured party under the Uniform Commercial Code as amended from time to time. <br />Security Interest. Upon request by Lender, Truster shall execute financing statement and take whatever other action is requested by <br />Lender to perfect and continue Lenders security interest in the Personal Property. In addition to recording this Dead of Trust in the real <br />property records, Lender may, at any time and without further authorization from Trustor, file executed counterparts, copies or reproductions <br />of this Dead 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 Deed 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- IN-FACT. The following provisions relating to further assurances and atiorneyAn -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, refuse, or <br />rerecorded, as the case may be, at such times and in such cakes and places as Lender may dean appropriate, any and all such mortgages, <br />deeds of trust, security deeds, security agreement, financing statements, continuation statement, instrument of further assurance, <br />certificates, and other Document 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 Deed of Trust, and the Related Document, and (2) the liens and <br />security interest 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 wdfing, Trustor shall reimburse Lender for all costs and expenses incurred in <br />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 of <br />Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoint Lender as Trustor's aftorney -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 Trustor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Trustor under <br />this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to Trustor suitable <br />statement of termination 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 />EVENTS OF DEFAULT. At Lender's option, Trustor will be in default under this Dead of Trust if any of the following happen: <br />Payment Default. Trustor fails 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 Dead 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 />Deed of Trust within the preceding twelve (12) months, it may be cured (and no Event of Default will have occurred) if Trustor, after Lender <br />sends written notice demanding cure of such failure: (a) cures the failure within ten (10) days; or (b) it 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 Trustor's behalf under this Dead of Trust <br />or the Related Document is false or misleading in any material respect, either now or at the time made or furnished. <br />Defective Collateralization. This Dead of Trust or any of the Related Document ceases to be in full force and effect (including failure of any <br />collateral document to create a valid and perfected secunty 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 pad 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 against Trustor. <br />Taking of the Property. Any creditor or governmental agency hies to take any of the Property or any other of Truster's property in which <br />Lender has a lien. This includes taking of, garnishing of or levying on Trustor's account with Lender. 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 Trustor gives Lender written notice of the <br />claim and furnishes Lender with monies or a surety bond satisfactory to Lender to satisty 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 proNded therein, including without limitation any agreement concerning any indebtedness or other <br />obligation of Trustor to Lender, whether existing now or later. <br />Events Affecting Guarantor. Any of the preceding event occurs with respect to any guarantor, endorser, surety, or accommodation party <br />of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes <br />the validity of, or liability under, any Guaranty of the Indebtedness. In the event of a death, Lender, at it option, may, but shall not be <br />required to, permit the guarantor's estate to assume unconditionally the obligations arising under the ¢uaranty in a manner satisfactory to <br />Lender, and, in doing so, cure any Event of Default. <br />Insecurity. Lender in good faith believes itself insecure <br />