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200805276
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Last modified
6/18/2008 4:57:29 PM
Creation date
6/18/2008 4:57:28 PM
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DEEDS
Inst Number
200805276
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<br />200805276 <br /> <br />concerning the Liens may be obtained is the address of Lender as set forth in the introductory <br />paragraph of this Deed of Trust. <br /> <br />3.3 Covenants Concerning the DCC Collateral. Trustor will (a) keep all of the <br />tangible DCC Collateral at the Premises; (b) use the DCC Collateral only in its trade or business; <br />(c) maintain all of the tangible DCC Collateral in good operating order and repair, normal wear <br />and tear excepted; (d) use and maintain the DCC Collateral only in compliance with <br />manufacturers recommendations and all requirements of law; (e) keep all of the DCC Collateral <br />free and clear of any and all liens, including purchase money liens, other than those in favor of <br />Lender; (t) remain the sole owner of the DCC Collateral; and (g) not sell, lease, mortgage, <br />hypothecate, license, grant a lien in or otherwise transfer or encumber any of the DCC Collateral <br />except for sales of inventory in the ordinary course of business. <br /> <br />3.4 Financing Statements and Further Assurances. Trustor agrees, on request of <br />Lender, to furnish to Lender such further information, to execute and deliver to Lender such <br />documents and instruments (including DCC financing statements) and to do such other acts and <br />things as Lender may at any time reasonably request relating to the perfection or protection of <br />the Lien in the DCC Collateral created by this Deed of Trust or for the purpose of carrying out <br />the intent of this Deed of Trust. Without limiting the foregoing, Trustor shall cooperate and do <br />all acts deemed necessary or advisable by Lender to continue in Lender a perfected lien in the <br />DCC Collateral and shall obtain and furnish to Lender any subordinations, releases, landlord, <br />lessor, bailee or mortgagee waivers, control agreements, and similar documents as may be from <br />time to time requested by, and in form and substance satisfactory to, Lender. Trustor will <br />warrant and defend the DCC Collateral and Lender against all claims by all persons in <br />connection with the Obligations. <br /> <br />3.5 Lender's Authority. Trustor authorizes Lender to file financing statements, <br />continuations, and amendments thereto describing the DCC Collateral and containing any other <br />information required by the applicable DCC, in such form and substance as Lender, in its sole <br />discretion, may determine. Trustor irrevocably grants to Lender the power to sign Trustor's <br />name and generally to act on behalf of Trustor to execute and file applications for title, transfers <br />of title, financing statements, notices of Liens, demands for terminations or other Liens in any of <br />the DCC Collateral and other documents pertaining to any or all of the DCC Collateral. This <br />power is coupled with an interest and is irrevocable during such time as any of the Obligations <br />are outstanding. Trustor shall, if any certificate of title be required or permitted by law for any of <br />the DCC Collateral, obtain and promptly deliver to Lender such certificate showing the lien of <br />this Deed of Trust with respect to the DCC Collateral. Trustor ratifies its prior authorization for <br />Lender to file financing statements and amendments thereto describing the DCC Collateral and <br />containing any other information required by the DCC, if filed prior to the date hereof. <br /> <br />3.6 Certain Rights and Remedies with Respect to the DCC Collateral. If an Event of <br />Default shall have occurred and be continuing, Lender, without any other notice to or demand <br />upon Trustor, shall have in any jurisdiction in which enforcement of this Deed of Trust is sought, <br />in addition to all other rights and remedies, the rights and remedies of a secured party under the <br />DCC and any additional rights and remedies that may be provided to a secured party in any <br />jurisdiction in which any of the DCC Collateral is located, including the right to take possession <br />of the DCC Collateral, and for that purpose Lender may, so far as Trustor can give authority <br /> <br />4820-8559-3602.1 <br /> <br />7 <br />
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