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' DE�D OF TRUST 2 p 10 U 9 O 11 <br />Loan No: 1 0 9 235829 (Continued) Page 5 <br />Security Agreement. This instrument shall constitute a Security Agreement ta the extent any of the Property constitutes fixtures, and <br />Lender shall have all of the rights nf a secured party under the Unifnrm Commercial Code as amended from time to time. <br />Security Interest. Upon request by Lender, Trustor shall take whatever action is requested by Lender ta perfect and continue Lender's <br />security interest in the Rents and Personal Property. In addition to recording this Deed of Truat in the real property records, Lender <br />may, at any time and without further authorization from 7rustor, file executed counterparts Cbp12S or reproductions of this Deed of <br />Trust as a financing statement. 7rustor shall reim6urse 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 1'raperty. Uppn default, Trustor shall <br />assemble any Personal Property not affixed to the Property in a manner and at a place reasnnably 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 />lew. <br />Addresses. The mailing addresses of 7rustor (debtor) and Lender (secured party) from which information concerning the security <br />interest granted by this Deed af 7ruat may 6e abtained (eaCh as required by the Uniform Commercial Code) are as stated on the first <br />page of this Deed pf Trust. <br />FURTHER ASSURANCES; A770RNEY-IN-FAC7. The fallowing provisians relating ta further assurances and attorney-in-fact are a part of <br />this Dead of Trust: <br />Furthar Assurancea. 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 ta Lande�'s-designee, and wherr requested by Lender, cause to be filed, recorded, <br />refiled, or rerecorded, as the case may 6e, 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, continuatinn statements, instruments of <br />further assurance, certificates, and other documents as may, in the sole opinion of l.ender, be necessary or desirable in order to <br />effectuate, complete, perfect, continue, or preserve (1) Bqrrower's and Trustar's nbligations under the Note, this Deed of Trust, and <br />the Related qocuments, and (2) the liens and security interests creatsd by this Deed af Trust as first and prior liens on the Property, <br />whather now owned or hereafter acquired by Trustor. Unless prnhibited 6y law or Lender agrees to the contrary in writing, Trustor <br />shell 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 da eny of the things referred tv in the praceding paragraph, Lender may do so for and in the name <br />of 7rustor and at 7rustor'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 opinipn, to accomplish the matters referred to in the preceding paragraph. <br />FULL PERFORMANCE. If Bnrrower and Trustor pay all the Indebtedness, including without limitation all futura advances, whan due, and <br />Trustor otherwise performs all the obligations imposed upon Trustnr under this peed af Trust, Lender shall execute and deliver to Trustee a <br />request for full reconveyance and shall execute and deliver tn Trustar auitable statements nf termination of any financing statement on file <br />evidencing Lender's security interest in the Rents and the Personal Property. Any reconvayance fea 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 pefault 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 camply with or to perfprm any other term, obligation, covenant or condition contained in <br />this Deed of 7rust or in any of the Related Dpcuments qr to cpmply with or to perform any term, obligation, covenant or condition <br />contained in �ny pther agreement between Lender and Borrawer or Trustor. <br />Compliance Default. Failure to comply with any other term, obligatipn, covenant or condition contained in this Deed of 7rust, the Note <br />or in any of the Related Documents. <br />Default on Other Payments. Failure of Trustor within the time required by this Peed of Trust to make eny payment for taxes nr <br />insurance, or any other payment necassary to prevant filing of pr to effect discharge nf any lien. <br />False Statements. Any warranty, rapresentatian qr statement made ar furnished to Lender by Borrower or Trustor or on Borrowar's or <br />Trustor's behalf undsr 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 faise or misleading at any time thereefter. <br />Defective Cnllateralizatipn. This Deed of Trust or any of the Related Documents ceases to be in full fprce and effect (including failure <br />of any enllateral document to create a valid and perfected security interest or lien) at any tims �nd fpr any reason. <br />Insolvency. The dissolution or termination of Borrower"s or 1"rustor's existence as a gning business, the insolvency of Borrower or <br />Trustor, the appointment of a recaiver for any part pf Bnrrnwer's or Trustor's prnperty, any assignment for the benefit of creditors, <br />any typa of creditor workaut, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against <br />Borrower pr Trustor. <br />Creditar ar Porfeiture Proceedings. Commencement of fareclosure 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. 7his includes a gamishment of any of Bvrrvwer's pr Trustor's accounts, including deposit accounts, with <br />Lendsr. However, this Event of Defauit shall not apply if there is a good faith dispute by Borrower or 7rustor as ta the validity ar <br />reasonableness of the ciaim which is the basis of the creditar or forfeiture proceeding and if Borrpwer or Trustor gives Lender written <br />notice of the creditor or forfei#ure prnceeding end depnsits with Lender mnnies or a surety bond for the creditor or forteiture <br />proceeding, in en amnunt determined by Lender, in its sole discretion, as being an adequate reserve or band 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 l.ender that is not ramedied within any graCe period provided therein, including without limitation any agreement <br />cnncerning any indebtedness or other obligation of Borrower or Trustor to Lender, whether existing now vr later. <br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endarser, suraty, or accommodation <br />