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DEED OF TRUS'T 2 0�1 �. 0'7 2 5 J g <br />(Continued) pa e 4 <br />Deed of Trust or upon all or any pert of the Indebtedness secured by this Deed of Trust; (2) a specific tax on <br />Trustor which Trustor is authorized or required to deduct from payments on the In ebtedness secured by this type <br />of Deed of Trust; f3► a tax on this type of Deed of Trust chargeable against the l�ender or the holder of the Note; <br />and (4} a specific tax on all or any portion of the Indebtedness or on payments �f principal and interest made by <br />Trustor. I <br />Subsequent Taxes. If any tax to which this section appfies is enacted subseqy'ent to the date of this Deed ot <br />Trust, this event shall have the same effect as an Event of Default, and Lende may exercise any or all of its <br />available remedies for an Event of Dafault as provided below unlass Trustor eit�ier (1) pays the tax before it <br />becomes delinquant, 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 satisfactory to 4ender. <br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions rela�ing to this Deed of Trust as a <br />security agreement 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 all of the rights of a secured party undpr the Uniform Commercial Code <br />as amended from time to time. ! <br />Securhy Interest. Upon request by Lender, Trustor shall take whatever action i requested by Lender to perfect <br />and continue Lender's security interest in the Rents and Personal Property. In a dition to recording this Deed of <br />Trust in the reat property records, Lender may, at any time and without turthe authorization from Trustor, file <br />executed counterparts, copies or reproductions of this Deed of Trust as a fin�ncing statement. Trustor shall <br />reimburse Lendar for all expenses incurred in perfecting or continuing this securit� interest. Upon default, Trustor <br />shall not remove, sever or detach the Personal Property trom the Property. Upoh default, Trustor shall assemble <br />any Personal Property not affixed to the Property in a manner and at a place reaspnably convenient to Trustor and <br />Lender and make it availabla to Lender within three (3) days after recaipt of wriitten demand 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 4each as required by the Uniform <br />Commercial Code) are as stated on the first page of this Deed of Trust. <br />FURTHER ASSURANCES; ATTOHNEY-IN-FACT. The following provisions releti�g to further assurances 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 Lende�, Trustor will make, execute and <br />deliver, or will cause to be made, executed or delivered, to Lender or to Lender's �iesignee, and when requested by <br />Lender, cause to be fited, recorded, refiled, or rerecorded, as the case may be, 8t such times and in such offices <br />and places as Lender may deem appropriate, any and ali such mortgages, deeds'�of trust, security deeds, security <br />agreaments, financing statements, continuation statements, instruments of fur�her 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) 7rustor's obligations under the Note, thisl Deed of Trust, and the Releted <br />Documents, and (2) the liens and security interests created by this Deed of Tn�ust as first and prior liens on the <br />Property, whether now owned or hereafter acquired by TrusYor. Unless prohibitqd by law or Lender agrees to the <br />contrary in writing, Trustor shall reimburse Lender for all costs and expensas j 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 precec�ing paragraph, Lender may do so <br />for and in the name ot Trustor and at Trustor's expense. For such purposes, 7r�stor hereby irrevocably appoints <br />Lender as Trustor's attorney-in-fact for the purpose of making, executing, deliveri�ng, filing, recording, and doing all <br />other things as may be necessary or desirable, in Lender's sole opinion, to accqmpiish the matters referred to in <br />the preceding paragraph. , <br />FULL PERFORMANCE. It Trustor pays alI the Indebtedness when due, and other�vuise parforms all the obligations <br />imposed upon Trustor under this Daed of Trust, Lender shall execute and deliv�r to Trustee a request for full <br />reconveyance and shall execute and deliver to Trustor suitabla statements of terminat�on of any financing statement on <br />tile evidencing Lender's security interest in the Rents and the Personal Property. Any econveyance fee required by law <br />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 Defauit under this Deed <br />of Trust: <br />Payment Default. Trustor fails to make any payment when due under the IndebYe'dness. <br />Other Defaults. Trustor fails to comply with or to perform any other term, ,bbligation, covenant or condition <br />contained in this Daed of Trust or in any of the Related Documents or to corr�ply with or to perform any term, <br />obligation, covenant or condition conteined in any other agreement between Lendjer and Trustor. <br />Compliance Default. Failure to comply with any other term, obligation, coven�nt or condition contained in this <br />Deed of Trust, the Note or in any ot the Related Documents. , <br />Default on Other Payments. Failure ot Trustor within the time required by this D�ed of Trust to make any payment <br />for taxes or insurance, or any other payment necessary to prevent filing of or to dffect discharge of any lien. <br />Default in Favor of Third Parties. Should Grantor dafault under any loan, exten�ion of credit, security agreament, <br />purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially <br />affect any of Grantor's property or Grantor's ability to repay the Indebtedne�s or Grantor's ability to perform <br />Grantor's obligations under this Deed of Trust or any of the Related Documents. <br />False Statements. Any warranty, representation or statement made or furni¢hed to Lender by Trustor or on <br />Trustor's behalf under this Deed of Trust or the Related Documents is false or rhisleading in any material respect, <br />either now or at the time made or furnished or becomes false or misleading at any time thereafter. <br />Defective Collateralization. This Deed of 7rust or any of the Related Docume�ts ceases to be in full force and <br />effect (including failure of any collateral document to create e valid and perfectbd security interest or fien) at any <br />time and for any reason. _ <br />Insolvency. The dissolution or termination of Trustor's existence as a going b�siness, the insolvency of Trustor, <br />the appointment of a receivar for any part of Trustor's property, any assignme�ht for the benefit of creditors, any <br />type of creditor workout, or the commencement of any proceeding under any b�nkrupfcy or insolvency laws by or <br />agains# Trustor. i <br />Creditor or Forfe'rture Proceedings. Commencement of foraclosura or forfeitur� proceedings, whether by judicial <br />proceeding, self-help, repossession or any other method, by any craditor of Trus�or or by eny govarnmental agency <br />against any property securing the Indebtedness. This includes a garnishment of any of Trustor's accounts, <br />including deposit accounts, with Lender. However, this Event of Default shel�not apply if there is a good faith <br />dispute by Trustor as to the validity or reasonableness of the claim which is th basis of the creditor or forfeiture <br />proceeding and if Trustor gives Lender written notice of the creditor or forfei ure proceeding and deposiis wiih <br />Lender monies or a surety bond for the creditor or forfeiture proceeding, in an aMount determined by Lender, in its <br />