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DEED OF TRUST <br />Loan No: 775978 (Continued) 200214312 Page <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 have the <br />same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below <br />unless Trustor either (1) 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 Dead of Trust as a security agreement are a part <br />of this Dead of Trust: <br />Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes futures, 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, Truster shall execute financing statements 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 Deed of Trust in the real <br />property records, Lender may, at any time and without further authorzation from Truster, file executed counterparts, copies or reproductions <br />of this Dead of Trust as a financing statement. Truster shall reimburse Lender for all expenses incurred in perfecting or continuing this <br />security interest. Upon default, Truster shall not remove, sever or detach the Personal Property from the Property. Upon default, Truster <br />shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Truster 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 Truster (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 attorney —in —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, Truster 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, after, or <br />rerecorded, as the case may be, at such fimes and in such offices and places as Lender 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) Truster's obligations under the Note, this Deed 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 Truster. <br />Unless prohibited by law or Lender agrees to the contrary in writing, Truster 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 Truster fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of <br />Truster and at Truster's expense. For such purposes, Truster hereby irrevocably appoints Lender as Trustor's atimneytin—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 sale <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 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 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 raconveyance fee required by law shall be paid by Truster, if permitted by applicable law. <br />EVENTS OF DEFAULT. At Lender's option, Truster 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. Truster breaks any promise made to Lender or fails to perform promptly at the time and strictly in the manner <br />provided in this Deed of Trust or in any agreement related to this Dead 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 Truster has not been given a notice of a breach of the same provision of this <br />Dead of Trust within the preceding twelve (12) months, it may be cured (and no Event of Default will have occurred) if Truster, after Lender <br />sends 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 Truster 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 Truster's behalf under this Dead 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 />Defective Collaterallvatlon. 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 Truster, the insolvency of Truster, the appointment of a receiver for any part of Tmstor'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 Truster. <br />Taking of the Property. Any creditor or governmental agency tries 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 Truster's accounts with Lender. However, if Truster disputes in goad <br />faith whether the claim on which the taking of the Property is based is valid or reasonable, and if Truster gives Lender written notice of the <br />claim and furnishes Lender 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 Truster under the terms of any other agreement between Truster and Lender that is not <br />remedied within any grace perod provided therein, including without limitation any agreement concerning any Indebtedness or other <br />