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DEED OF TRUST <br />L.oan No: 80$342 (COr1tI11UAd) 2 O�, O Q g 5 9 O Page 4 <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 />ta be made, axecuted or delivered, to Lender nr ta Lender's designee, and when requested 6y Lender, cause ta 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 af trust, security deeds, security agreements, financing stataments, continuation statements, instruments of <br />further assurance, certificates, and other documents as may, in the sole opinion af 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 besd 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 ta the contrary in writing, Trustor <br />shall reimburse Lender for all costs snd expenses incurred in connection with the matters referred to in this paragraph. <br />Attarney-in-Fact. If Trustor fails to do any of the things referred to in the preceding paragraph, Lender may do sa for and in the name <br />af Trustor and at Trustor's expense. Far such purposes, Trustor here6y irrevocably appoints l.ender as Trustor's attorney-in-fact for <br />the purpose of making, exacuting, delivering, filing, recarding, 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 when due, and Trustnr otherwise performs all the o6ligations <br />imposed upon 1"rustor 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 Praperty. Any reconveyance fee required by law shall be paid by Trustor, if permitted 6y applicable law. <br />EVENTS OF DEFAULT. At Lender's option, Trustor will be in default under this Qeed af Trust if any of the following happen: <br />Payment Default. Borrower fails to make any payment when due under the Indebtedness. <br />Break Other Promises. Borrower or Trustor breaks any promise made to l.ender or fails to perform promptly at #he time and strictly in <br />the manner provided in this peed nf Trust or in any agrasment related to this Deed nf Trust. <br />Compliance Default. Failure to comply with any other term, obligation, cavenant or condition contained in this �eed of Trust, the Note <br />or in any of the Related Documents. <br />Default on Other F'ayments. Failure of Trustor within the time required by this Deed of Trust to make any payment for taxes ar <br />insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. <br />Default in Favar of Third Parties. 5hould Borrowsr or any Grantor default under any loan, extensian of credit, security agreement, <br />purchase or sales agreement, or any other agreement, in favor of any ather creditor or person that mey materially affect any of <br />Borrower's or any Grentor'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 />False Statements. Any representation or s#atement made or furnished to Lender by Borrower or 1'rustor or on Borrower's or Trustor's <br />behalf under this Deed of Trust or the Related �ocuments is false nr misleading in any material respect, either now ar at the time <br />made or furnished. <br />Defective Callateralization. This Deed nf Trust or any of the Related Documents ceases to be in full force and effect (including failure <br />of eny collateral document to create a valid and perfected security interest nr lien) at any time and for any reason. <br />Death or Insvlvency. The death ot Bqrrower or Trustar, the insolvency of Bvrrower or Trustor, the appointment of a receiver far any <br />part of Borrower's or Trustor's property, any assignment for the 6enefit of crPditors, any type of creditor workout, or the <br />commencement of any proceeding under any bankruptcy or insolvency laws by c�r against 8orrower or Trustar, <br />Taking of the Property. Any creditor or 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 af or levying an Borrower's or 7rustor's accounts with Lender. <br />Hnwever, if Borrower or Trustor disputes in good faith whether the claim on which the taking of the Property is based is valid br <br />reasonable, and if Bnrrower or Trustor gives Lender written notice of the claim and furnishes Lender with monies ar a surety bond <br />satisfactory to Lender to sa#isfy the claim, then this default provision will not apply. <br />Breach of Qther Agreement. Any breach by Borrower or Trustor under the terms af any other agreemen# 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 indebtednass or other oblig�tion of Borrower or Trustor to Lender, whether existing now or later. <br />�vents Affecting Guarantor. Any of the preceding events accurs with respect to any guarantor, endorser, surety, ar accommodation <br />party of any of the Indabtedness or any guarantor, endvrser, surety, or accommodation party dies or becomes incompetent, ar <br />ravokes or disputes the validity of, vr 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 or any interest on the Existing Indebtedness is nnt 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 ta <br />foreclose any existing lien on the f'roperty. <br />Right to Cure. If any default, other than a default in payment is curable and if Trustnr has not been giuen a notice of a breach vf 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 />notice to Borrower demanding cure of such default: (1) cures the default within twenty (20) days; or (2) 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 />FiIGHTS AND REMEDIES bN pEFAULT. If an Event of pefault occurs under this beed of Trust, at any time thareafter, Trustee or Lender <br />may exercise any ane or more af the following rights and remedies: <br />Acceleration Upon Default; Additional Remedies. If any Event of ❑efault occurs as per the terms of the Note secured hereby, <br />Lender may declare all Indebtedness sacured by this Deed of Trust to be due and payable and the same shall thereupon became <br />due and payable without any presentment, demand, protest or notice af any kind. Thereafter, Lender may: <br />(a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and <br />without regard to the adequacy of its security, enter upon and take possession qf the Property, or any part thereof, in its <br />own nama 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, nr 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 far nr otherwise <br />collect the rents, issues and profits of the Property, including those past due and unpaid, and apply the same, less costs and <br />expenses of operation and coilection attorneys' fees, to any indebtedness secured by this beed of Trust, all in such order as <br />Lender may determine. The entering upon and taking possession of the Property, the collectian of such rents, issues and <br />profits, and the application thereof shall not cure or waive any default or notics of default under this Deed of Trust or <br />invalidate any act done in response to such default or pursuant to such notice of default; and, notwithstanding the <br />continuance in possession of the Property or the collection, receipt and application of rPnts, issues ar profits, Trustee or <br />Lender shall be entitled to exercise svery right provided for in the Note or the Related Dncuments or by law upvn the <br />occurrence of any event of default, including the right to exercise the pnwer of sale; <br />(b) Commence an action to fnreclose this Deed of Trust as a mortgage, appoint a receiver or specifically enforce any of the <br />covanants heraof; and <br />(c) beliver to Trustee a written declaration of default and demand for sale and a written notice of default and election to <br />cause Trustar's interest in the Property to be sold, which notice Trustea shall cause to be duly filed for record in the <br />appropriate offices of the County in which the Property is located; and <br />(d) With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a sacured party <br />„ i; s �# 4?' 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