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DEED DF TRUST 200004954
<br />Loan No: 37305 7 70 7 (Continued) Page 4
<br />FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following previsions 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 ppinipn of Lender, be necessary or desirable in prder to
<br />effectuate, complete, perfect, continue, or preserve 111 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 on the Property, whether now owned
<br />pr hereafter acquired by Trustor. Unless prohibited by law pr Lender agrees to the contrary in writing, Trustor shall reimburse Lender
<br />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 expanse. 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 Borrower and Trustor pay all the Indebtedness, including without limitation all future advances, when due, and
<br />Trustor otherwise performs all the obligations imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to Trustee a
<br />request for full reconveyance and shall execute and deliver to Trustor suitable statements of termination of any financing statement on file
<br />evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by law shall be paid by
<br />Trustor, if permitted by applicable law.
<br />EVENTS OF DEFAULT. At Lender's option, Trustor will be in default under this Deed of Trust if any of the following happen:
<br />Payment Defauk. Borrower fails to make any payment when due under the Indebtedness.
<br />Break Other Promises. Borrower or Trustor breaks any promise made to Lender or fails to perform promptly at the time and strictly in
<br />the manner provided in this Deed of Trust or in any agreement related to this Deed of Trust.
<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 />Defauk on Other Payments. Failure of Trustor within the time required by this Daed 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 />Defauk in Favor of Third Parties. Should Borrower or any Grantor default under any loan, extension of credit, security agreement,
<br />purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of
<br />Borrower's or any Grantor's property or Borrower's ability to repay the Indebtedness or Borrower's or Granter's ability to perform their
<br />respective nbligatians under this Deed of Trust or any of the Related Documents.
<br />False Statements. Any representation or statement made or furnished to Lender by Borrower or Trustor or on Borrower's or Trustor's
<br />behalf under this Deed of Trust or the Related Documents is false or misleading in any material respect, either now or at the time
<br />made or furnished.
<br />Defective Collaterallzation. This Deed of Trust pr any pf the Related Documents ceases tp 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 death of Borrower or Trustor, the insolvency of Borrower or Trustor, the appointment of a receiver for any
<br />part of Borrower's or Trustor's property, any assignment for the benefit of creditors, any typo of creditor workout, or the
<br />commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower or Trustor.
<br />Taking of the Property. Any creditor pr governmental agency tries to take any of the Property or any other of Borrower's or Trustor's
<br />property in which Lender has a lien. This includes taking of, garnishing pf or Levying on Borrower's or Trustor's accounts with Lender.
<br />However, if Borrower or Trustor disputes in good faith whether the claim an which the taking of the Property is based is valid or
<br />reasonable, and if Borrower or Trustor gives Lender written notice of the claim and furnishes Lender with monies or a surety bond
<br />satisfactory to Lender to satisfy the claim, then this default provision will not apply.
<br />Breach pf Other Agreement. Any breach by Borrower or Trustor under the terms of any other agreement between Borrower or
<br />Trustor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement
<br />concerning any indebtedness or other obligation of Borrower or Trustor to Lender, whether existing now or later.
<br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation
<br />party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or
<br />revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness.
<br />Insecurity. Lender in good faith believes itself insecure.
<br />Existing Indebtedness. The payment of any installment of principal pr any interest on the Existing Indebtedness is not made within the
<br />time required by the promissory note evidencing such indebtedness, or a default occurs under the instrument securing such
<br />indebtedness and is not cured during any applicable grace period in such instrument, or any suit or other action is commenced to
<br />foreclose any existing lien on the Property.
<br />Right to Cure. If any default, other than a default in payment is curable and if Trustor has not been given a notice of a breach of the
<br />same provision of this Dead of Trust within the preceding twelve (12) months, it may be cured if Trustor, after Lender sends written
<br />notice to Borrower demanding cure of such default: 11) cures the default within twenty 1201 days; or 121 if the cure requires more
<br />than twenty (20) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default
<br />and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably
<br />practical.
<br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender
<br />may exercise any one or more of the following rights and remedies:
<br />Acceleration Upon Default; Addkional Remedies. If any Event of Default occurs as per the terms at the Note secured hereby,
<br />Lender may declare all Indebtedness secured by this peed of Trust to be duo and payable and the same shall thereupon become
<br />due and payable without any presentment, demand, protest or notice of any kind. Thereafter, Lender may:
<br />lal Either in person or by agent, with or without bringing any action nr proceeding, pr by a receiver appointed by a court and
<br />without regard to the adequacy of its security, enter upon and take possession of the Property, or any part thereof, in its
<br />own name or in the name of Trustee, and do any acts which it deems necessary or desirable to preserve the value,
<br />marketability or rentability of the Property, or part of the Property or interest in the Property; increase the income from the
<br />Property or protect the security of the Property; and, with or without taking possession of the Property, sue for or ptherwise
<br />collect the rents, issues and profits of the Property, including those past duo and unpaid, and apply the same, less costs and
<br />expenses of operation and collection attorneys' fees, to any indebtedness secured by this Deed of Trust, all in such order as
<br />Lender may determine. The entering upon and taking possession of the Property, the collection of such rents, issues and
<br />profits, and the application thereof shall not cure or waive any default or notice of default under this Deed of Trust or
<br />invalidate any act done in response to such default ar pursuant to such notice of default; and, notwithstanding the
<br />continuance in possession of the Property pr the collection, receipt and application of rents, issues or profits, Trustee or
<br />Lender shall be entitled to exercise every right provided for in the Note or the Related Documents ar by law upon the
<br />occurrence of any event of default, including the right to exercise the power of sale;
<br />Ibl Commence an action to foreclose this Daed of Trust as a mprtgage, appoint a receiver or specifically enforce any of the
<br />covenants hereof; and
<br />lc1 Deliver to Trustee a written declaration of default and demand for sale and a written notice of default and election to
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