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t DEED OF TRUST � o�� o�i 3 i� page 5 <br />Lo�n No: 10i243968 (Continued) <br />constitutes fixtures, and Lender shell have all of the rights of e 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 perfect <br />and continue Lender's security interest in the Personel Property. In addition to recording this Deed of Trust in the <br />real property records, Lender mey, at any time and without further authorization from Trustor, file executed <br />counterparts, copies or reproductions of this Deed of Trust as e financing stetement. Trustor shall reimburse <br />Lender for ell expenses incurred in perfecting or continuing this security interest. Upon default, Trustor shall not <br />remove, sever or detach the Personal Property from the Property. Upon default, Trustor shall assemble any <br />Personal Property not affixed to the Property in a menner and at a place reasonebly convenlent to Trustor and <br />Lender and make it eveilable to Lender within three (3► deys after receipt of written demand from Lender to the <br />extent permitted by appliceble law. <br />Addresses. The mailing addresses of Trustor (debtor) and Lender (secured perty) from which information <br />concerning the security interest granted by this Deed of Trust may be obtained (each as required by the Unlform <br />Commercial Code) are as steted on the first page of this Deed of Trust. <br />FURTHER ASSURANCES; ATl'ORNEY-IN-FACT. The following provisions relating to further assurances end <br />ettorney-in-fact are a pert of this Deed of Trust: <br />Further Assurances. At any time, and from time to time, upon request of Lender, Trustor will meke, 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, es the cese may be, at such times and in such offices <br />and places es Lender mey deem appropriate, any and ell such mortgeges, deeds of trust, security deeds, security <br />agreements, finencing statements, continuation statements, instruments of further essurence, certificates, and <br />other documents es mey, in the sole opinion of Lender, be necessery or desirable in order to effectuete, complete, <br />perfect, continue, or preserve (1) Trustor's obligetions under the Note, this Deed of Trust, and the Releted <br />Documents, and (2) the liens and security 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 egrees to the <br />contrary in writing, Trustor shell reimburse Lender for all costs end expenses incurred in connection with the <br />matters referred to in this paragreph. <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 neme of Trustor end at Trustar'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 daing all <br />other things es may be necessary or dasirable, in Lender's sole opinion, to accomplish the matters referred to in <br />the preceding peragreph. <br />FULL PERFORMANCE. If Trustor peys all the Indebtedness, including without limitation all future advances, when due, <br />end otherwise performs all the obligations imposed upon Trustor under this Deed of Trust, Lender shell execute and <br />deliver to Trustee a request for full reconveyence end shall execute and deliver to Trustor suiteble statements of <br />termination of any finencing statement on file evidencing Lender's security interest in the Rents and the Personel <br />Property. Any reconveyance fee required by lew shell be peid 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 heppen: <br />Fraud or Material Misrepresentatton. Trustor commits fraud or material misrepresentetion in connection with the <br />terms of the Note. <br />Payment Default. Trustor feils to meet the repayment terms of the Note for any outstending balence. <br />Other Defaults. Trustor's ect or failure to ect adversely effects Lender's security interest in the Property, or any <br />right of Lender's in such security. <br />Right to Cure. If any default, other then a default in payment is curable end if Trustor hes not been given a notice <br />of a breach of the same provision of this Deed of Trust within the preceding twelve (9 2) 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 (10) deys; or (2) 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 defeult end thereafter continues and completes ell reasoneble <br />and necessery steps sufficient to produce compliance as soon as reasonably practicel. <br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, et any time thereafter, <br />Trustee or Lender may exercise any one or more of the following rights and remedies: <br />Acceleration Upon Default; Additional Remedies. If eny Event of Default occurs as per the terms of the Note <br />secured hereby, Lender may declare all Indebtedness secured by this Deed of Trust to be due and payable end <br />the same shall thereupon become due and peyable without any presentment, demand, protest or notice of any <br />kind. Thereafter, Lender may: <br />(a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver <br />eppointed by a court and without regard to the adequacy of its security, enter upon and take possession <br />of the Property, or eny part thereof, in its own neme or in the name of Trustee, and do any acts which it <br />deems necessery or desirable to preserve the velue, marketability or rentability of the Property, or pert of <br />the Property or interest in the Property; increase the income from the Property or protect tha security of <br />