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III 1111111111111111111111111111111111111 200313871 <br />DEED OF TRUST <br />(Continued) <br />Page 5 <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 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 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 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 (each 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 -fact are a part 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 />refiled, 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 (1) Trustor's obligations under the Note, this Deed of Trust, and the Related <br />Documents, and (2) the liens and security interests created by this Deed of Trust as first and prior liens on the Property, whether <br />now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writing, Trustor shall <br />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 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 <br />under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to <br />Trustor suitable statements of termination of any financing statement on file evidencing Lender's 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. Trustor fails to make any payment when due under the Indebtedness. <br />Other Defaults. Trustor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Deed of <br />Trust or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any <br />other agreement between Lender and 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 Trustor has not been given a notice of a breach of the same <br />provision of this Deed of Trust within the preceding twelve (12) months, it may be cured (and no Event of Default will have occurred) <br />if Trustor, after Lender sends written notice demanding cure of such failure: (a) cures the failure within fifteen (15) days; or (b) if the <br />cure requires more than fifteen (15) days, immediately initiates steps sufficient to cure the failure and thereafter continues and <br />completes all reasonable and necessary steps 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 <br />insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. <br />Default in Favor of Third Parties. Should Trustor default under any loan, extension of credit, security agreement, purchase or sales <br />agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Trustor's property or <br />Trustor's ability to repay the Indebtedness or perform their respective obligations under this Deed of Trust or any of the Related <br />Documents. <br />False Statements. Any warranty, representation or statement made or furnished to Lender by Trustor or on Trustor's behalf under this <br />Deed of Trust or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or <br />becomes false or misleading at any time thereafter. <br />Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and effect (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 />Death or Insolvency. The dissolution of Trustor's (regardless of whether election to continue is made), any member withdraws from <br />the limited liability company, or any other termination of Trustor's existence as a going business or the death of any member, the <br />insolvency of Trustor, the appointment of a receiver for any part of Trustor's property, any assignment for the benefit of creditors, any <br />type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Trustor. <br />