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DEED OF TRUST 2 p 10 0 7'71'7 <br />Loan No: 101235136 (Contlnued) Page 4 <br />Current Taxes, Fees and Charges. Upon request by Lender, Trustor shall execute such documents in addition tn this Deed nf Trust <br />and take whatever other action is requested by Lender to perfect and continue Lender's lisn on tha Real Property. Trustor shall <br />reim6urse Lender fvr all taxes, as descri6ed below, together with all expenses incurred in recording, perfecting or continuing this Deed <br />of Trust, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of <br />Trust. <br />Taxes. The following shall cans#itute taxes tn which this section applies: (1) a specific tax upon this type of Deed of Trust or upon <br />all or any part of the Inde6tedness secured by this Deed of Trust; (2) a specific tax on Trustor which Trustor 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 tha Note; and (4) a specific tax on ell or any portion of the Indebtedness or on <br />payments of principal and interest made by Trustor. <br />Subsequent 7axes. If any tax to which this section epplies 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 L.iens section and deposits with Lender cash or a sufficient corporata surety bond or other security satisfactory to Lender. <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 />Security Agreement. This instrument shall constitute a Security Agreemant to the extant 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 />Security Interest. llpon request by Lender, Trustor shall take whatever action is requested by Lender to perfect and continue Lender's <br />security interest in the Personal Property. In addition to recording this Deed of Trust in the real property records, Lender may, at any <br />time and without further authorization from 7rustor, file executed countarparts, copies or reproductions of this Deed of Trust as a <br />financing statement. Trustor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon <br />default, Trustor shall not remove, sever or detach the Personal Property from the Property. Upon default, Trustor shall assemble any <br />Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Trustor and Lender and make it <br />available to Lender within three (3) days after recaipt of written demand from Lender to the extent permitted by applicable 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 provisians relating ta further assurances and at#orney-in-tact are a part of <br />this Deed of Trust: <br />Further Assurances. At any time, and from time to time, upon requeSt of Lender, Trustar will meke, execute and deliver, or will cause <br />to be made, executed or delivered, to Lander 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 trus[, security deeds, security agreements, financing statements, continuation statements, instruments of <br />further assurance, certificates, and other documents as may, in the sola opinion of Lender, be necessary or desirable in order to <br />effectuate, camplete, perfect, continue, or preserve (1► Trustor's obligations under the Note, this Deed of Trust, and the Ftelated <br />Documents, and (2) the liens and security interests created by this Deed of Trust as first and prior liens on the Property, whether <br />now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writing, Trustor shall <br />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 7rustor's expense. For such purposes, Trustor hereby irrevocably apppints 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 PERFpR�MANCE. If Trustor pays ail the Indebtedness when dua, and otherwise performs all the obligations imposed upon Trustor <br />under this Deed af Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shal) execute and deliver to <br />Trustor suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the <br />Personal Property. Any reconveyance fee required by law shall be paid 6y Trustor, if permitted by applicable law. <br />DEFAULT. At Lender's option, Trustor will be in default under this Deed of Trust if any of the follnwing happen: <br />Fraud or Material Misrepresentation. 7rustor commits fraud or material misrepresentation in connection with the terms of the Note. <br />Payment Default. Trustor fails to meet the repayment terms of the Note for any outstanding balance. <br />Other Defaults. Trustor's act or failure to act adversely affects Lender's security interest in the Proparty, or any right of Lender's in <br />such security. <br />Right to Cure. If any default, other than a default in payment is curable and if Trustor has not bean given a notice nf a breach of the <br />same provision of this Deed of Trust within the preceding twelve (12) months, it may be cured if Trustor, after Lender sends written <br />notica ta Trustor demanding cure of such default: (1) cures the default within ten (10) days; or (2) if the cure requires more than <br />ten (10) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and <br />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 7rust, at any time thereafter, Trustee or Lender <br />may exercise any one or more of #he fpllpwing rights and remedies: <br />Acceleration Upon Default; Additional Remedies. If any Event of Default occurs as per the terms of the Note secured hereby, <br />Lender mey declare all Indebtedness secured by this Deed of Trust to be due and payable and the same shall thareupon becnme <br />