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DEED OF TRUST 2 p 10 0 9 6 9 2 <br />Loan No: 1p1237335 (Con#inued) Page 5 <br />Security Intarast. Upan request by Lender, Trustor shall take whatever action is requested by Lender to perfect and continue Lender's <br />security interest in the Rents and Personal Property. In addition to recording this Deed of Trust in the real property records, Lender <br />may, at any time and without further authorization from Trustor, file executed counterparts, copies or reproductions oi this Deed of <br />Trust ss a financing statament. Trustor shall reimburse Lender fnr all expenses incurred in perfecting or continuing this security <br />_. .._. _ interest. . Upon default,_.Trs�stor .$h�II nS2t, remove, sever or detach the Personal Property from the_ Praperty. Upan dafault, Trustor shall <br />assemble any Personal Property not affixed to the Property in a manner and at a place reasonably canvenient 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. 7he mailing addresses of Trustor (de6tor) and Lender (secured party) from which information concerning the security <br />interest granted by this peed of Trust may 6e obtained (each es required by the Uniform Commercial Code) are as stated on the first <br />page of #his 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 baed af 7rust: <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, tn Lender or to Lender's designee, and when requested by Lender, cause to be tiled, recorded, <br />refiled, or rerecprded, as tha 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 af <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 af Trust, and <br />the Related Documents, and (21 the liens and security interests created by this Dead af Trust as tirst and prior liens on the Property, <br />whether now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agreas to the contrary in writing, Trustor <br />shall reimburse Lender far 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, Lendar may do so fvr and in the name <br />of Trustor and at 7rustor's expense. Fpr such purpqses, Trustar 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 tn in the preceding par8graph. <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 obligationx imposed upon 7rustor under this beed af 7rust, Lender shall execute and deliver ta 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 reconveyence 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 af Trust: <br />Payment Default. Barrower fails ta 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 bocuments or to comply with or to perform any term, pbligation, covenant or condition <br />cantained in any other agresment between Lender 8nd Barrpwer or TruskOr. <br />Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of 7rust, the Note <br />or in any af the Related Dacuments. <br />Default on Other Payments. Failure pf Trus#or wi#hin the time required by this beed of Trust to m8ke 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 [o Lender by Borrower or Trustar or an Borrower's ar <br />Trustor's behalf under this Deed of Trust or the Related Documents is false ar misleading in any material respect, sither now ar at the <br />time made or furnished or becomes false ar misleading at any time thereafter, <br />Defective Coilateralization. 7his 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 />Insolvency. The dissolutinn or termination of Borrower's or Trustor'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 assignment for the benefit of creditors, <br />any type of creditor workout, or ths commencement af any proceeding under any bankruptcy vr insalvpncy laws by or against <br />8orrower or Trustpr. <br />Creditar or Farfeiture Proceedings. Commencement of foreclosure or forfeiture prpcesdings, 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 ot 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 pr forfeiture prpceeding and deposits with Lendar monias 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 af Qther Agreement. Any breach by Borrower or 7rustor under the terms of any ather agreement between 8orrower or <br />Trustor snd Lend9r that is not remedied within any grace period pravidad 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 ot 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 />