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<br />Loan No: 101 <br /> <br /> <br />200808930 <br /> <br />DEEQQF:'fB\,J3:'f <br />(Continued) <br /> <br /> <br />Page 5 <br /> <br />Trust. <br /> <br />Taxes. The following shall constitute taxes to which this section applies: (1) 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: (2) a specific tax on Borrower which Borrower is authorized or <br />required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (3) 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 Borrower. <br /> <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 />provided below unless Trustor either (1) 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 /> <br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a <br />part of this Deed of Trust: <br /> <br />Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and <br />Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. <br /> <br />Security Interest. Upon request by Lender, Trustor shall take whatever action is requested by Lender to perfect and continue Lender's <br />security interest in the Rents and Personal Property. In addition to recording this Deed of Trust in the real property records, Lender <br />may, at any time and without further authorization from Trustor, file executed counterparts, copies or reproductions of this Deed of <br />ntrsfaii a finahCing statement. -trustor sffllll reimburse' lender for all expenSe$incur'red in" perfecting or cbntir'iOlng this Securlty <br />interest. Upon default. Trustor shall not remove, sever or detach the Personal Property from the Property. Upon default. Trustor shall <br />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 <br />law. <br /> <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 /> <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 /> <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) Borrower's and Trustor's obligations under the Note, this Deed 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 owned or hereafter acquired by Trustor. Unless prohibited by law or lender agrees to the 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 /> <br />Attorney-ln-FlIct. 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 /> <br />FUll PERFORMANCE. If Borrower and Trustor pay all the Indebtedness when due, and Trustor otherwise performs all the obligations <br />imposed upon Trustor under this Deed of Trust, lender shall execute and deliver to Trustee a request for full reconveyance and shall <br />execute and deliver to Trustor suitable statements of termination of any financing statement on file evidencing lender's security interest in <br />the Rents and the Personal Property. Any reconveyance fee required by law shall be paid by Trustor, if permitted by applicable law. <br /> <br />EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed of Trust: <br /> <br />Payment Default. Borrower fails to make any payment when due under the Indebtedness. <br /> <br />Other Defaults. Borrower or Trustor fails to comply with or to perform any other term, obligation, covenant or condition contained in <br />this Deed 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 /> <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. <br /> <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 /> <br />False Statements. Any warranty, representation or stotement 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 folse or misleading at any time thereafter. <br /> <br />Defective CollateraliZlltion. This Deed of Trust or any of the Related Documents ceases to be in full force and effect (including foilure <br />of ony collateral document to create a volid and perfected security interest or lien) ot ony time and for any reason. <br /> <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 Borrower's or Trustor's existence as a going business or the death of any <br />member, the insolvency of Borrower or Trustor, the appointment of a receiver for any part of Borrower's or 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 <br />