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, DEED OF TRUST �� 10 0 96 9 4 <br />Loan Na: 1Q923733$ (COntinU�d) Page 5 <br />Security Interest. Upon request by Lender, Trustor shall take whatever action is requested by Lender to perfect and continue Lender's <br />security in[erest in the Rents and Personal Property. In addition to recording this Peed of Trust in the raal proparty recards, Lender <br />may, at any time and without further authorization from Trustor, file executed counterparts, copias ar raproductions af this Deed of <br />Trust as a financing statement. Trustor shell reimburse Lender for all expenses incurred in perfecting or continuing this security <br />_.._ ...._.... .. interest. Upon default„Tr.ustar shall n.ok.r.emove, sever pr detac.h the Personel. Property from the Property._ Upon default, Trustor 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 to the extent permitted by applicable <br />law. <br />Addressas. The mailing addresses of Trustor (debtor) and Lender (secured par[y) from which information concerning the security <br />interesi granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated an the first <br />page of this �eed nf Trust. <br />FURTHER C�SSURANCES; A'T7pRNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of <br />this Deed of Trust: <br />Further Assurances. At any time, and from time to time, upan request of Lender, Trustar will make, execute and deliver, ar will cause <br />to be made, executed or delivsred, tv Lender or to Lender's designee, and when requssted by Lender, cause ta be filed, recorded, <br />rafiled, or rerecorded, as the casa may be, at such times snd in such offices and places as Lender may deem apprppriate, any and all <br />such mprtgages, deeds of trust, security deeds, security agreements, financing statements, continuatipn statements, instruments of <br />further assurance, certifica#es, and Other dpvuments as may, in the sole opinion pf Lender, be necessary or desirable in prder 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 creatad by this Daed af Trust as first and prior liens on the Property, <br />whether now owned nr hereafter acquired by Trustor. Unless prohibited by law or 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 irrevoca6ly 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 desira6le, 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, including without limitation all future advances, when due, and <br />Trustor otherwise performs all the obligations imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to 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 reconveyance fee required by law shall be paid by <br />Trustor, if permitted by applicable law. <br />EVENTS OF DEFAULT. Each pf the fallowing, at Lender's option, shall consti#ute an Event of Default under this Deed of Trust: <br />Payment Default. Borrawer fails to make any payment when due under the Indebtedness. <br />Other Defaults. Borrower or 7rustor fails to comply with or to perform any other term, obligation, covenant or condition contained in <br />this Deed af 7rust or in any of the Ralated Documents or to comply with or to perform any term, obligation, covenant or condition <br />contained in any other agreement between Lender and Barrpwer pr Trustor. <br />Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note <br />ar in any of the Related Documents. <br />Pefault on Other Payments. Failure 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 to prevent filing of or to effect discharge of any lien. <br />False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or Trustor ar on 8orrower's or <br />Trustor'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 time thereafter. <br />Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to 6e 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 dissolution or termination ot Borrower's or Trustor's existence as a going business, the insolvency of Borrower or <br />Trustor, the appaintment of a receiver for any part of Barrower's or Trustor's property, any assignment for the benefit of creditors, <br />any type nf creditor wvrkout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against <br />Borrower or Trustor. <br />Creditar or Forfeiture Proceedings. Commencement of fareclasure 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. This includes a garnishment of any of Borrower's or 7rustar's accounts, including deposit accaunts, with <br />Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrpwer or Trustor as ta 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 ampunt determined by Lender, in its sole discretion, as being an adequate reserve or bond 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 Lender that is not remedied within any grace period provided therein, including without limitation any agreement <br />concerning any indebtedness or other obligation pf Barrower or Trustor to Lender, whether existing now or later. <br />Events Affecting Guaran#pr. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodaiion <br />party of 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 Indebtadness. <br />