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DEED OF TRUST � 0� 10 4 3 7�. <br />Loan No: 101242090 ` (Continued) Page 5 <br />chargeable egainst the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on <br />payments of principal and interest made by Borrower. <br />Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the dete of this Deed of Trust, this event shall <br />have the sama effect as an Event of Default, and Lender may exercise eny or all of its available remedies far en 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 Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. <br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions releting to this Deed of Trust as a security agreement are a <br />pert of this Deed of Trust: <br />Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, end <br />Lender shell heve ell of the rights of a secured party under the Uniform Commercial Code as amended from time to time. <br />Security Interast. Upon 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 eny time end without further authorization from Trustor, file executed counterparts, copies or reproductfons of this Deed af <br />Trust es a financing statement. Trustor shall reimburse 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 Property. Upon default, Trustor shall <br />assemble eny Personal Property not effixed to the Property in a menner end 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 eppliceble <br />law. <br />Addresses. The mailing eddresses of Trustor (debtor) and Lender (secured party) from which information concarning the security <br />interest granted by this Deed of Trust mey be obtained (each as required by the Uniform Commercial Codel ere as stated on the first <br />page of this 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 Deed of Trust: <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, to Lender 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 trust, security deeds, security agreements, financing statemants, continuation statements, instruments of <br />further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desireble in order to <br />effectuate, complete, perfect, continue, or preserve (1) Borrower's end 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 Deed of Trust as first and prior liens on tha Property, <br />whether now owned or hereafter acquired by Trustor. Unless prohibited by lew or Lander egrees to the contrary in writing, Trustor <br />shall reimburse Lender for all cpsts and expenses incurred in connection with the matters referred to in this paragraph. <br />Attorney-in-Fact. If Trustor fefls 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 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 metters referred to in the preceding paragraph. <br />FULL PERFORMANCE. If Borrower and Trustor pay ell the Indebtedness, including without limitation all future advances, when due, and <br />Trustor otherwise performs ell the obligations imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to Trustee a <br />request for full reconveyence 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 shali 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 of Trust: <br />Payment Default. Borrower fails to make any payment when due under the Indebtedness. <br />Other Defaufts. Borrower or Trustor fails to comply with or to perform any other term, obligation, covenent or condifion contained in <br />this Deed of Trust or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition <br />contained in any other agreement between Lender and Borrower or Trustor. <br />Compliance Default. Failure to comply with any other term, obligetion, covenant or condition contained in this Deed of Trust, the Note <br />or in any of the Related Documents. <br />Default on Other Payments. Failure of Trustor within the time required by this Deed of Trust to make any payment for taxes or <br />insu�ance, 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 or on Borrower'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 eny time thereafter. <br />Defective Collaterallzation. This 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 end perfected security interest or lien) at any tima and for any reason. <br />Death or Insolvency. The dissolution of Trustor's (regardless of whether election to continue is madel, any member withdraws from <br />the limited liability compeny, or any other termination of Borrower's or Trustor's existence as a going business or the death of any <br />member, the insolvency of Borrower or Trustor, the appointment of a receiver for any part of Borrower's or Trustor's property, any <br />assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy <br />or insolvency laws by or against Borrower or Trustor. <br />Creditor or Forfeiture Proceedings. Commencement of foreclosure 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 />