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DEED OF TRUST <br />(Continued) 2 0110 fi 0 3 8 Page 4 <br />Subsequent Taxes. if any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this <br />event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for <br />an Event of Default as provided below unless Trustor either (1) pays the tax before it b�omes delinquent, or (2) <br />contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient <br />corporate surety bond or other security satisfactory to Lender. <br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security <br />agreement are a part of this Deed of Trust: <br />Security Agreement. This instrument shall constitute a Securiry Agreement to the extent any of the Property constitutes <br />fixtures, and Lender shall have all of the rights of a secured party under the Un'rform Commercial Code as amended from <br />time to time. <br />Security Interest. Upon request by Lender, Trustor shall take whatever action is requested by Lender to perfect and <br />continue Lender's security interest in the Rents and 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 counterparts, <br />copies or reproductions of this Deed of Trust as a financing statement. Trustor shall reimburse Lender for all expenses <br />incurred in perfecting or continuing this security interest. Upon default, Trustor shall not remove, sever or detach the <br />Personal Property from the Property. Upon default, Trustor shall assemble any Personal Property not affixed to the <br />Property in a manner and at a place reasonably convenient,t,� Trustor and Londer and make it avai�able #o Lender within <br />three (3) days dfter receipt of written demand from Lender to the extent permitted by applicabfe law. <br />Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which information conceming <br />the security interest granted by this Deed of Trust may be obtained (each as required by the Unfform Commercial Code) <br />are as stated on the first page of this Deed of Trust. <br />FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and <br />attomey-in-fact are 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, and 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 and <br />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 other <br />documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, <br />continue, or preserve (1) Borrower's and Trustor's obligations under the Note, this Deed of Trust, and the Related <br />Documents, and (2) the liens and securiry interests created by this Deed of Trust as first and prior liens on the <br />Property, whether now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the <br />contrary in writing, Trustor shall reimburse Lender for all costs and expenses incurred in connection with the matters <br />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 <br />and in the name of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints Lender as <br />TrustoPs attomey-in-fact for the purpose of making, executing, delivering, filing, recording, and doing all other things as <br />may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding <br />paragraph. <br />FULL PERFORMANCE. If Borrower and Trustor pay all the Indebtedness, including without limitation all future advances, <br />when due, and Trustor otherwise performs all the obligations imposed upon Trustor under this Deed of Trust, Lender shall <br />execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to Trustor suitable statements of <br />termination of any tinancing statement on fila evidencing Lender's §ecurity interest in the Rents and the Personal Property. <br />Any reconveyance fee required by law shall be paid by 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 <br />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 condftion <br />contained in this Deed of Trust or in any of the Related Documents or to comply with or to perform any term, obligation, <br />covenant or condition contained in any other agreement between Lender and Borrower or Trustor. <br />Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of <br />Trust, the Note or in any of the Related Documents. <br />Defautt on Other Payments. Failure of Trustor within the time required by this Deed of Trust to make any payment for <br />taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. <br />Default in Favor of Third Parties. Should Borrower or any Grantor default under any loan, e�ension of credft, security <br />agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may <br />materially affect any of Borrower's or any Grantor's property or Borrower's ability to repay the Indebtedness or Borrower's <br />or Grantor's ability to perform their 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 <br />Borrower's or Trustor's behalf under this Deed of Trust or the Related Documents is false or misleading in any material <br />respect, either now or at the time made or fumished or becomes false or misleading at any time thereafter. <br />Defective Coliateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and effect <br />(including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for <br />any reason. <br />Insolvency. T.he diss�lution or termination of Borrowec's or Trustor's existen�e as a. going business, the insolvencx of <br />�orrower or Trustor, the appointment of a receiver for any part of BorrowePs or Trustor's property; any assignment for <br />the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or <br />insolvency Iaws by or against Borrower or Trustor. <br />Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial <br />proceeding, self-help, repossession or any other method, by any credftor of Borrower or Trustor or by any govemmental <br />agency against any property securing the indebtedness: This includes a gamishrrient of any �f Barrower's or TrustoPs <br />accounts, including deposft accounts, with Lender. However, this Event of Default shall not apply ff there is a good faith <br />dispute by Borrower or Trustor as to the validity or reasonableness of the claim which is the basis of the creditor or <br />forfeiture proceeding and if Borrower or Trustor gives LQnder written notice of the creditor or forfeiture proceeding and <br />deposits with Lender monies or a surety bond for the creditor or forfefture proceeding, in an amount determined by <br />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 <br />Borrower or Trustor and Lender that is not remedied within any grace period provided therein, including without <br />limitation any agreement conceming any indebtedness or other obligation of Borrower or Trustor to Lender, whether <br />existing now or later. <br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or <br />