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200214521 <br />DEED OF TRUST <br />Loan No: 776147 + (Continued) Page 6 <br />Trust, <br />Taxes, The following shall constitute taxes to which this section applies: t) 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; (21 a specific tax on Borrower which Borrower is authorized or <br />required to deduct from payments on the Indebtedness secured by this type of Dead of Trust; 13) a tax on this type of Deed of Trust <br />chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on <br />payments of principal and interest made by Burrower. <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 />previded below unless Trustor either (t) pays the tax before it becomes delinquent, or (2) 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 fallowing 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 />Lander shall have a1I of the rights of a sarmed 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 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 Truster, file executed counterparts, <br />copies or reproductions of this Deed 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 moth sever or detach the Personal Property from the <br />Property. Upon default. Trader shall assemble any Personal Property not affixed to the Property in 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 Truster Idehteri 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 staled on the first <br />page of this Deed of Trust. <br />FURTHER ASSURANCES; ATTORNEY -IN -FACT. The following provisions relating to further assurances and arranday in -fact are a part of <br />this Deed of Tmet <br />Further Assurances. At any time, and from time to time, upon request of Lender, 1 roster will make, execute and deliver, or will cause <br />to be made, executed or colleague, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, <br />reified, or rerecorded, as the rase may he, at such times and in such ofFlres and places as Lender may deem appropriate, any and all <br />such mortgages, dead, of tmst, beebuty 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 (t) Borrower's and Trustor's obligations under the Note, this Dead 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 ned or hereafter acquired by Truster Unless prohibited by law or Lender ogress to lire contrary in writing. Trustor <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 Truster and at Trustors vxpens, For such purposes, Trustor hereby irrevocably appoints Lender as Trustor s attorney -Ir -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 Borrower pays .II the Indebtedness when due, and otherwise performs all the obligations imposed upon Trustor <br />under this Dead of Trust Lender shall execute and deliver to Trustee a mquc,t for lull recenveyonce and shall execute and deliver to <br />Trustor suitable statements of termination of any finandmg statement on file evidencing Lender re security interest in the Rents and the <br />Personal Property. Any reconveyance fee required by law shall be paid by Trustor, if 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. Burrower fails to make any payment when due under the Indebtedness <br />Other Defaults. Borrower or Trustor fails to comply with or to perform any other term, obligation, covenant or condition contained In <br />this Dead 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 Trustor. <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 coffee of a breach of <br />the same provision of this Dead of Trust within the preceding twelve LI 21 months, it may be cured land no Event of Default will have <br />becorredl if Borrower or Trustor, after Lender sends written notice demanding cure of such failure: (a1 cures the failure within fifteen <br />115) days; or to) if the cure requires more than fifteen 115) days, immediately initiates steps sufficient to cure the failure and <br />thereafter continues and rompletes 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 affect discharge of any lien. <br />False Statements. Any warranty, represenlatiun or statement made or furnished to Lender by Borrower or Trustor 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 Collmoniization. This Deed of Trust er any rl the Related Documents ceases w be in full force and effect impeding failure <br />