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<br /> <br /> <br /> DEED OF TRUST <br /> 200908284 <br /> Loan No: 1012,95505` (Continued) Page 5 <br /> <br /> may, at any time and without further authorization from Trustor, file executed counterparts, copies or reproductions of this Deed of <br /> Trust as a financing statement. Trustor shall reimburse Lender for all expenses incurred in perfecting or continuing this security <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 /> 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) 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 /> Attorney-in-Fact. If Trustor fails to do any of the things referred to in the preceding paragraph, Lander 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 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. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed of Trust: <br /> Payment Default. Borrower 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 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 /> 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 /> 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 /> False Statements. Any warranty, representation 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 /> 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 or termination of Borrower's or Trustor's existence as a going business, the insolvency of <br /> Borrower or Trustor, the appointment of a receiver for any part of Borrower's or Trustor's property, any assignment for the benefit of <br /> creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or <br /> against Borrower or Trustor. <br /> Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help,. <br /> repossession or any other method, by any creditor of Borrower or Trustor or by any governmental agency against any property <br /> securing the Indebtedness. This includes a garnishment of any of Borrower's or Trustor's accounts, including deposit accounts, with <br /> Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower or Trustor as to the validity or <br /> reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower or Trustor gives Lender written <br /> notice of the creditor or forfeiture proceeding and deposits with Lander monies or a surety bond for the creditor or forfeiture <br /> proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. <br /> Breach of 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 /> Adverse Change. A material adverse change occurs in Borrower's or Trustor's financial condition, or Lender believes the prospect of <br /> payment or performance of the Indebtedness is impaired. <br /> ' I <br /> a <br /> i <br /> ~II <br /> I <br /> i~ <br /> 'I. <br /> i <br /> p <br /> i i <br /> I <br />