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Loan No: 3408320144 <br />DE Con�t nuedlST 2 O 10 0� 6 2�i Page 5 <br />Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. <br />Security Interast. lJpon request by Lender, Trustor shall take whatever action is requested by Lender to perfect and continue Lender's <br />security interest in the Ren[s and Personal Property. In addition to recording this Peed af 7rust in the real property records, Lender <br />may, at any time and without further authorization from Trustor, file executed counterp�rts, capies nr reproductions of this Deed of <br />Trust as a financing statement. Trustar 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, 7rustor 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 tp the extent permitted by applicable <br />law. <br />Addresses. 7he mailing addresses of Trustor (debtor) and Lender (secured party) from whieh infprmation concerning the security <br />interast granted by this Deed af Trust may be obtained (each as required by the Uniform Cnmmercial Code) are as stated on the first <br />page of this Deed of Trust. <br />FURTHER ASSURANCES; AT"fORNEY-IN-FACT. The follawing provisions relating tn further assurances and attorney-in-fact are a part of <br />this Deed of Trust: <br />Further Assurances. A[ 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, ceuse 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 appropriete, any and all <br />such mortgages, deeds of trust, sacurity deeds, security agreements, financing statements, continuation statements, instruments of <br />further assurance, cartificates, and athar dpcumsnts as may, in the sole vpinion af Lender, 6e necessary or desirable in order to <br />effectuate, complete, perfect, continue, or preserve (1) Borrower's and Trustpr's obligations under the Note, this Deed of trust, and <br />the Related Documents, and (2) the lisns and security interests created by this �eed of Trust as first and prior liens on the Property, <br />whether now owned or hereafter acquired by Trustor. Unless prohibited by law nr 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, 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 desirabla, in Lender's <br />sole opinion, to eccomplish the matters referred to in the preceding paragraph. <br />FULL PERFORMANCE. If Barrnwer 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 />exacute and deliver to Trustor suitable ststements of termination of any financing statement on file evidencing Lender's security intarest 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 />EVENTS QF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed of 7rust: <br />Payment pefault. Borrower fails to make any payment when due under the Indebtedness. <br />Othew Defaults. Borrower or Trustar fails to comply with or to perform any other term, obligation, covenant or condition contained in <br />this Deed of Trust or in any pf the Ftelated Documents or to comply with or to perform any term, ohligation, covensnt or condition <br />contained in any other agreement between Lender and Borrower or Trustor. <br />Compliance Dafault. Failure to cvmply 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 />Defgult on Other Payments. �ailure 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 ta prevent filing of or to effect discharge of any lien. <br />Default in Favor of Third Parties. Should Borrower or any Grantor default under any loan, extension pf credit, sacurity agreement, <br />purchase or sales agreement, or any other agreement, in favor of any other creditor vr perspn that may materially affect any of <br />8orrawer's or any Grantor's property or Borrower's ability to repay the Indebtedness or Borrower's or Grantor's ability to perform their <br />respective obligations under this Deed of Trust or any of the Related Documents. <br />Felse Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or Trustor or on Borrower's or <br />Trustvr'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 [ime thereaf[er. <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 collataral dacument to create a valid and perfected security interest or lien) at any time and for any reasqn. <br />Insolvency. The dissolution or termination of Borrower's or Trustpr's existence as a going business, the insolvency of Borrower or <br />Trustor, the appointment of a receiver for any part of Borrower's or Trustor's property, any assignmant for the benefit af creditors, <br />any type of creditar workout, or the commencement of any proceeding under any bankruptcy or insolvancy laws by or against <br />Borrower or Trustor. <br />Creditor or Forfeiture Prucesdings. Commencement of foraclosure ar forfeiture proceedings, whether by judicial proceeding, self-help, <br />repossession or any other method, by any creditor of Borrower ar Trustor or by any governmental agency against any praperty <br />securing the Indebtedness. 7his includes a garnishment of any of Borrower's or 7rustor's accounts, including deposit accounts, with <br />Lender. However, this Event of befault 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 Lender 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 bnnd for the dispute. <br />Breach of Other Agreement. Any breach 6y Borrpwer or Trustor under the terms of any other agreement between Borrower or <br />Trustor and Lender that is not remedied within any grace peripd provided therein, including without limitation any agreement <br />