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`' � DEED OF TRUST � 0110 9 3 7 4 Loan No: 7 0 7 246572 (Continued) Page 5 and (4) a specific tax on all or any portion of the Indebtedness or on payments of principel and interest made by Trustor. Subsequerrt Taxes. If eny tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its evailable remedies for an Event of Default as provided below unless Trustor either (7 ) pays the tax before it becomes delinquent, or (2) contests the tax as provided ebove in the Taxes and Liens section end deposits with Lender cash or e sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AQREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement ere a part of this Deed of Trust: Securlty Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured parry under the Uniform Commercial Code as amended ftom time to time. Seaurity Interest. Upon request by Lender, Trustor shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Personal Property. In addition to recording this Deed of Trust in the real property records, Lender may, at any time and without further authorization from Trustor, file executed counterperts, copies or reproductions of this Deed of Trust as a financing statement. Trustor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon defeult, Truator shall not remove, sever or detach the Personal Property from the Property. Upon default, Trustor shall essemble any Personal Property not effixed to the Property in a manner and at a place reasonably convenient to Trustor end Lender and meke it evaileble to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which information concerning the security interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commerciel Code) are as stated on the first page of this Deed of Trust. FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances end attorney-in-fact ere e part ot this Deed of Trust: Further Assurances. At any time, and from time to time, upon request of Lender, Trustor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, ceuse to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices end places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents es may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Trustor's obligations under the Note, this Deed of Trust, and the Related Documents, and (2) the liens and security interests created by this Deed of Trust on the Property, whether now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writing, Trustor shall reimburse Lender for all costs and expenses incurred in connection with the matters reterred to in this peragreph. Attorney-In-Fact. If Trustor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocebly appoints Lender as Trustor's attorney-in-fact for the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. FULL PERFORMANCE. If Trustor pays all the Indebtedness when due, and otherwise performs all the obligetions imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to Trustor suiteble statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by law shall be peid by Trustor, if permitted by applicable law. DEFAULT. At Lender's option, Trustor will be in default under this Deed of Trust if any of the following happen: Freud or Materiel Misrepresentation. Trustor commits fraud or material misrepresentation in connection with the terms of the Note. Payment Defeult. Trustor fails to meet the repayment terms of the Note for any outstanding belance. Other Defaults. Trustor's act or failure to act adversely affects Lender's security interest in the Property, or eny right of Lender's in such security. Rlght to Cure. If any default, other than a default in payment is curable and if Trustor has not been given a notice of a breach of the same provision of this Deed of Trust within the preceding twelve (12) months, it may be cured if Trustor, after Lender sends written notice to Trustor demanding cure of such detault: (1) cures the default within ten (10) days; or (2) if the cure requires more than ten (10) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continuea end completes all reasonable and necessary stepa sufficient to produce compliance as soon as reasonebly practical.