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2U1108371 <br />DEED OF TRUST <br />(Continued) <br />Page 4 <br />Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which information concerning <br />the security interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) <br />are as stated on the first page of this Deed of Trust. <br />FURTHER ASSURANCES; ATrORNEY-IN-FACT. The following provisions relating 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 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) Trustor's obligations under the Note, this Deed of Trust, and the Related Documents, and (2) <br />the liens and security interests created by this Deed of Trust as first and prior {iens on the Property, whether now owned <br />or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writing, Trustor shall <br />reimburse Lender for ali costs and expenses incurred in connection with the 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 for <br />and in the name of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints Lender as <br />Trustor's attorney-in-fact for the purpose of making, executing, delivering, filing, recording, and doing ali 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 Trustor pays all the Indebtedness, including without limitation all future advances, when due, and <br />othervvise performs all the obligations imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to <br />Trustee a request for fuil reconveyance and shall execute and deliver to Trustor suitable statements of termination of any <br />financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance <br />fee required by law shall be paid by Trustor, if permitted by applicabie 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. Trustor faifs to make any paymerrt when due under the Indebtedness. <br />Other Defaults. Trustor fails to comply with or to perform any other term, obligation, covenant or condition contained in <br />this Deed of Trust or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or <br />condition contained in any other agreement between Lender and Trustor. <br />Compliance Default. Failure to compiy 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 />Default 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 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 <br />any of Grantor's property or Grantor's abiliry to repay the Indebtedness or Grantor's ability to pertorm Grantor's <br />obligations under this Deed of Trust or any of the Related Documents. <br />False Statements. Any warranty, representation or statement made or furnished to Lender by Trustor or on Trustor's <br />behalf under this Deed of Trust or the Related Documents is false or misleading in any material respect, either now or at <br />the time made or furnished or becomes false or misleading at any time thereafter. <br />Defective Collateralization. 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 />anyreason. <br />Death or Insolvency. The death of Trustor, the insolvency of Trustor, the appointment of a receiver for any part of <br />Trustor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any <br />proceeding under any bankruptcy or insolvency laws by or against Trustor. <br />Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial <br />proceeding, se{f-help, repossession or any other method, by any creditor of Trustor or by any governmental agency <br />against any property securing the Indebtedness. This includes a garnishment of any of Trustor's accounts, including <br />deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Trustor <br />as to the validity or reasonabfeness of the claim which is the basis of the creditor or forfeiture proceeding and if Trustor <br />gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for <br />the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate <br />reserve or bond for the dispute. <br />Breach of Other Agreement. Any breach by Trustor under the terms of any other agreement between Trustor and <br />Lender that is not remedied within any grace period provided therein, including without limitation any agreement <br />concerning any indebtedness or other obligation of Trustor to Lender, whether existing now or later. <br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or <br />accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or <br />becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. <br />Adverse Change. A material adverse change occurs in Trustor's financia� condition, or Lender believes the prospect of <br />payment or performance of the Indebtedness is impaired. <br />Insecurity. Lender in good faith believes itself insecure. <br />Right to Cure. If any default, other than a default in payment is curable and if Trustor has not been given a notice of a <br />breach of the same provision of this Deed of Trust within the preceding iwelve (12) months, it may be cured if Trustor, <br />after Lender sends written notice to Trustor demanding cure of such default: (1) cures the default within hnrenty (20) <br />days; or (2) if the cure requires more than iwenty (20) days, immediately initiates steps which Lender deems in Lender's <br />sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary <br />steps sufficient to produce compliance 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 fol{owing rights and remedies: <br />Acceleration Upon Default; Additional Remedies. If any Everrt of Defauit 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 the <br />same shall thereupon become due and payable without any presentment, demand, protest or notice of any kind. <br />Thereafter, �ender may: <br />(a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed <br />by a court and without regard to the adequacy of its securiry, enter upon and take possession of the Property, <br />or any part thereof, in its own name or in the name of Trustee, and do any acts which it deems necessary or <br />