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' DEED OF TRUST � O 110 6 7 2 2 <br />Loan No: 10124�433 (Continued) Page 5 <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 />Lender for all expenses incurred in pertecting 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 Properry not affixed to the Property in a manner and at a placa reasonably convenient to Trusto[ and <br />Lender and make it available to Lender within three (3) days after receipt of written demend from Lender to the <br />extent permitted by applicable law. <br />Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which information <br />concerning the security interest granted by this Deed of Trust may be obtained leach as required by the Uniform <br />Commercial Code) are as stated on the first page of this Deed of Trust. <br />FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurences and <br />attorney-in-fact are a part of this Deed of Trust: <br />Further Assurances. At any time, and from time to time, upon request of Lendar, Trustor will make, execute and <br />deliver, or wili cause to be made, executed or deliveced, 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 <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 order to effectuate, complete, <br />perfect, continue, or preserve (1) Trustor's obligations under the Note, this Deed of Trust, and the Related <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 agrees to the <br />contrary in writing, Trustor shall reimburse Lender for all costs and expenses incurred in connection with the <br />matters 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 <br />for and in the name of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably eppoints <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 all the obligations <br />imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full <br />reconveyance and 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. Any 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 misrepresentation in connection with the <br />terms of the Note. <br />Paymerrt Default. Trustor fails to meet the repayment terms of the Note for any outstanding balance. <br />Other Defaults. Trustor's act or failure 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 default, other than 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 (7 2) months, it may be cured if <br />Trustor, after Lender sends written notice to Trustor demanding cure of such default: (1 i cures the default within <br />ten (10) days; 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 default and thereafter continues and compietes all reasonable <br />and necessery steps sufficient to produce complience as soon as reasonably practical. <br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at 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 any 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 and <br />the same shall thereupon become due and payable 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 />appointed by a court and without regard to the adequacy of its security, enter upon and take possession <br />of the Property, or any part thereof, in its own name or in the name of Trustee, and do any acts which it <br />deems necessary or desirable to preserve the value, marketability or rentability of the Property, or part of <br />the Property or interest in the Property; increase the income from the Property or protect the security of <br />the Property; and, with or without taking possession of the Property, sue for or otherwise collect the <br />rents, issues and profits of the Property, inciuding those past due and unpaid, and apply the same, less <br />costs and expenses of operetion and collection attorneys' fees, to any indebtedness secured by this Deed <br />