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DEED OF TRUST 2 Q�, �, Q� s��. <br />(Continued) Page 4 <br />law. <br />Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which information conceming the security <br />interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are 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 attomey-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 Lende�, 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 />reflled, 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, securiry agreements, financing statements, continuation statements, instruments of <br />further assurance, certfficates, and other documents as may, in the sole op(nion of Lender, be necessary or desirable in order to <br />effectuate, complete, pertect, continue, or preserve (1) Bonowe�'s a�d Trustor's obligations under the Note, this Deed of 7rust, and <br />the Related Documents, and (2) the Ifens and security interests created by this Deed of Trust on the Property, whether now owned <br />or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary 1n writing, Trustor shall re(mburse Lender <br />for all costs and expenses incurred in connection with the matters referred to (n 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 7rustor's expense. For such purposes, Trustor hereby irrevocably appoints Lender as Trustor's attomey-in-fact for <br />the purpose of making, executing, delivering, flling, recordfng, and doing all other things as may be nacassary or desirable, in Lender's <br />sole opinion, to accomplish the matters referred to in the preceding paragraph. <br />FULL PERFORMANCE. If Borrower and Trustor pay aIl the Indebtedness, Including without limitation all future advances, when due, and <br />Trustor otherwise pertorms 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 ftle <br />evidencing Lender's security interest in the Rents and the Personaf Property. Any reconveyance fee required by Iaw 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 of Trust: <br />Payment Default. Borrower fails to make any payment when due under the Indebtedness. <br />Other Defaults. Borrower or Trustor fails to comply with or to pertorm any other term, obligation, covenant or condition contained in <br />this Deed of Trust or in any of the Releted Documents or to comply with or to pertorm any term, obligation, �venant or condition <br />contained in any other agreement between Lender and Borrower or Trustor. <br />CompUance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note <br />or in any of the Related Documents. <br />Default on Other Payments. Fa(lure of Trustor within the Ume 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 Iien. <br />Default fn Favor of Third Partles. Should Borrower or any Grantor default under any loan, extension of credit, security agreement, <br />purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of <br />Borrower's or any Grantor's property or Borrower's ability to repay the Indebtedness or Borrower's or GrantoCs ebi{1ty to perform their <br />respective obligations under this Deed of Trust or any of the Related Documents. <br />False Statements. Any warranty, representation or statement made or fumished to Lender by Borrower or Trustor or on Borrower's or <br />Trustor's behalf under this Deed of Trust or the Ralated Documents is false or misleading in any material respect, efther now or at the <br />time made or fumished or becomes false or misleading at any time thereafter. <br />Defective Collateralization. This Deed of Ttust or any of the Related Documents ceases to be In full force and effect (including failure <br />of any collateral document to creete a val(d and pertected security interest or lien) at any time and for any reason. <br />Death or Insolvency. The dissolution of Trustor's (regardless of whether election to continu� is made), any member withdraws from <br />the limited IlabiUry company, 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 eny bankruptcy <br />or insolvency laws by or against Borrower or Trustor. <br />Creditor or For�eiture Proceedings. Commencement of foreclosure or forteiture proceedings, whether by Judicfal proceeding, self-help, <br />repossession or any other method, by any creditor of Borrower or Trustor or by any govemmental agency against any property <br />securing the Indebtedness. This includes a gamishment of any of Borrower's or Trustor's accounts, including deposit acxounts, with <br />Lender. However, this Evsnt of 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 or forteiture proceeding and deposits with Lender monies or a surery bond for the creditor or forteiture <br />proceeding, in an amount determined by Lender, (� its sole dlscretion, as being an adequate reserve or bond for the dispute. <br />Breach of Other Agreement. Any breach by Borrower or 7rustor 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 indabtedness or other obligation of Borrower or Trustor to Lender, whether existing now or later. <br />Events Affecting Guarantor. Any of the precading events occurs with respect to any guarantor, endorser, surety, or accommodation <br />party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dfes or becomes incompetent, or <br />revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. <br />Adverse Change. A materia{ adverse change occurs in Borrower's or Trustor's financial condition, or Lender belfeves the prospect of <br />payment or performance of the Indebtedness is impaired. <br />Insecurlty. Lender in good faith believes itself insecure. <br />Existing Indebtedness. The payment of any installment of principal or any interest on the Existing Indebtedness is not mede within the <br />time required by the promissory note evidencing such indebtedness, or a default occurs under the instrument securing such <br />indebtedness and is not cured during any applicable grace period in such instrument, or any suit or other actlon is commenced to <br />foreclose any existing lien on the Property. <br />Rtght to Cure. If any default, other than a default in payment is curable and if Trustor has not been given a notice of a breach of the <br />same provision of this Deed af Trust within the preceding twelve (12) mo�ths, it may be cured if Trustor, after Lender sends written <br />notice to Borrower demanding cure of such default: (1) cures the default within twenty (20) days; or (2) if the cure requires more <br />than twenty (2�) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default <br />and thereafter contfnues and completes all reasonable and necessary steps sufflcient to produce compliance as soon as reasonably <br />practical. <br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender <br />may exercise any one or more of the following rlghts and remedies: <br />Acceleration Upon Default; Additlonal Remedies. If any Event of Default occurs as per the terms of the Note secured hereby, <br />Lender may deciare all fndebtedness secured by this Deed of Trust to be due and payable and the same shall thereupon become <br />due and payable without any presentment, demand, protest or notice of any kind. Thereafter, Lender may: <br />(a) Either in person or by agent, with or wlthout bringing any action or proceeding, or by a receiver appointed by a court and <br />without regard to the adequacy of its security, enter upon and take possession of the Properly, or any part thereof, in its <br />own name o� in the name o4 Trustae, and do any acts which it deems necessary or desirable to preserve the value, <br />marketability or rentab(Iiry of the Praperty, or part of the Property or interest fn the Property; increase the income from the <br />Propetry or protect the security of the Property; and, with or without taking possession of the Property, sue for or othervvise <br />