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Loan No: 101242936 D E Con�t nued) � o�.10 5 4 2 4 Page 5 <br />and (4) a specific tax on all or any portion of the Indebtedness or on payments of principel and interest made by <br />Trustor. <br />Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of <br />Trust, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its <br />available remedies for an Event af Default as provided below unless Trustor either (1) pays the tex bafore it <br />becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with <br />Lender cash or a sufficient corporate surety bond or other security setisfactory to Lender. <br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as e <br />security egreement are a part of this Deed of Trust: <br />Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property <br />constitutes fixtures, and Lender shall have ell of the rights of a secured party under the Uniform Commercial Code <br />as amended from time to time. <br />Security Interest. Upon request by Lender, Trustor. shall take whatever action is requested by Lender to pertect <br />and continue Lender's security interest in the Personal Property. In addition to recording this Deed of Trust in the <br />real property records, Lender may, at any time and without further authorization from Trustor, file executed <br />counterparts, copies or reproductions of this Deed of Trust as a financing statement. Trustor shall reimburse <br />: for all ezpenses incurred in perfeating or continuing this security interest. Upon default, Trustor shall not <br />remove, sever or detach the Personal Property from the Property. Upon default, Trustor shaU assemble any <br />Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Trustor and <br />Lender and make it available to Lender within three 13? days after receipt of written d�mand from Lender to the <br />extent permitted by epplicable law. <br />Addresses. The mailing addresses of Trustor (debtor) and Lender (secured perty) from which informetion <br />concerning the security interest granted by this Deed of Trust may be obtained (each as required by the Uniform <br />Commercial Code) are as stated on the tirst page of this Deed of Trust. ` <br />FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and <br />attorney-in-fect ere a part of this Deed of Trust: <br />Further Assurances. At any time, and from time to time, upon request of Lender, Trustor will make, execute and <br />deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, end when requested by <br />Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices <br />and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security <br />agreements, financing statements, continuation statements, instruments of further assurance, certificates, and <br />other documents as may, in the sole opinion of Lender, be necessary or desirable in o�der to effectuate, complete, <br />pertect, continue, or preserve (1) Trustor's obligations under the Idote, this Deed of Trust, and the Related <br />Documents, and (2) the liens and security interests created by this Deed of Trust on the Property, whether now <br />owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agraes to the contrary in writing, <br />Trustor shell reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this <br />paragraph. <br />Attorney-in-Fact. If Trustor fails to do any of the things referred to in the preceding paragraph, Lender may do so <br />for and in the name of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints <br />Lender as Trustor's attorney-in-fact for the purpose of making, executing, delivering, filing, recording, and doing all <br />other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in <br />the preceding paragraph. <br />FULL PERFORMANCE. If Trustor pays all the Indebtedness when due, and otherwise performs ell the obligations <br />imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full <br />reconveyance end shall execute and deliver to Trustor suitable statements of termination of any financing statement on <br />file evidencing Lender's security interest in the Rents and the Personal Property. �ny reconveyance fee required by law <br />shall be paid by Trustor, if permitted by applicable law. <br />DEFAULT. At Lender's option, Trustor will be in default under this Deed of Trust if any of the following happen: <br />Fraud or Material Misrepresentation. Trustor commits fraud or material misrepresentetion in connection with the <br />terms of the Note. <br />Payment Defauk. Trustor fails to meet the repayment terms of the Note for any outstanding balance. <br />Other Defaults. Trustor's act or feilure to act adversely affects Lender's security interest in the Property, or any <br />right of Lender's in such security. <br />Right to Cure. If any defeult, other then a default in payment is curable and if Trustor has not been given a notice <br />of a breach of the same provision of this Deed of Trust within the preceding twelve (12) months, it may be cured if <br />Trustor, after Lender sends written notice to Trustor demending cure of such default: (1) cures the default within <br />ten (70) days; or {Z) if the cure requires more than ten (10) days, immediately initiates steps which Lender deems <br />in Lender's sole discretion to be sufficient to cure the default end thereafter continues and completes all reasonable <br />and necessary steps sufficient to produce compliance as soon as reasonably practical. <br />