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09/04/2009 11:56 —_ 209-9562 CBSJ PAGE 05
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<br /> DEED OF TRUST
<br /> Loan No: 10055409 (Continued) Page 4
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<br /> Current Taxes,Fees and Charges. Upon,request by Lander,Trustor shall execute such documents In,addition to this Deed of Trust and
<br /> )aka whatever other action Is requested by Lander to perfect and continue Lender's Don on the Real Properly. Trustor shall reimburse tender
<br /> for all taxes, as described below, together with all sxpensas.incurred In recording, porfocing or continuing this Dead of Trust,Including
<br /> without Ilmliallon all taxes,fees,documentary stamps,and other charges for recording or registering this Deed of Trust.
<br /> Taxes. The following short constude texas In which this section applies: (1) a specific lax upon this type of Deed of Trustar upon all or any
<br /> pert of the Indethadnass secured by this Dead of Trust; (2) a st lAc tax on Truslor which Trustar Is alltho(izad or required to deduct From
<br /> payments on the Indabtadnass secured by this type of Dead of Trust; (3) a lax of this type of Dead of Trull chargeable against the Lander
<br /> or the holder of the Nola;sort (4) a spaclfic in on all or any portion of the Indebtedness or on payments of principal and Interest made by
<br /> Trustar. - -
<br /> Suhsequenl Taxes. If any tax to which this station applies Is enacted subsequent to the dela of this Deed of Trust,this event shall have the
<br /> same affect as an Event of Default, and Lander may exercise any or all of Its available raraadtss for an Event of Default as provided below
<br /> unless Trustor either (1) pays the tax before ti becomes delinquent, or (2) aantasls the tax as provided above In the Taxes end Llans
<br /> section and deposits with Lender cash or a sufflolanl corporate surety bond or other security satisfactory to Linder.
<br /> SECURITY AGREEMENT;FINANCING STATEMENTS. The following provisions relating In this Dead of Tryst as a security agreement are a ped
<br /> of this Deed of Troll:
<br /> Security Agreement. This Instrument shag constitute a Security Agreement to the extant any of Who Property constitulus fedures,and Lander
<br /> shah have all of the rights of a secured pally under the Uniform Commercial Code as amended from time to Ilene,
<br /> Security Interest. Upon request by Lander,Trustor shall execute financing statements and take whatever other action Is raquesiud by
<br /> Lender to perfect and continue Landw's seCurily Interest In the Rents and Personal Property. Trustor shall reimburse Landar for all expenses
<br /> Incurred In perfecting or continuing this sectary Interest. Upon default;Truslor shall not remove,swat at detach the Personal Property from
<br /> the Property. Upon default,Trustor shell assemble any Personal Property not affixed to the property In a manner and of a place reasonably
<br /> convenient to Truslor and Lender end make It available to Lander within three (3)days after rocetpl of wdhen demand From Lender to the
<br /> extent permitted by applicable law.
<br /> Addresaes. The mailing addresses of Truslor(debtor)and Lender(secured party)from which information concerning the security Interest
<br /> granted by this Dead of Trust may be obtained (each as required by the Uniform Commercial Cada)are as stated on the arse page of this
<br /> Deed of Trust.
<br /> FURTHER ASSURANCES;ATTORNEY-IN-FACT, The following provisions relating to further assurances and 9hamay--n-4act are a pad of This
<br /> Dead of Trust:
<br /> Further Assurances. Al any time,and tram tima to Urns,upon missal of Lender,Truslar will make,execute and dolivar,or wilt cause to be
<br /> made, exeouled or delivered,to Lander or to Landers designee, end when requested by Lander, cause to be Died, recorded, reeled, or
<br /> rarocordod,as the case may be,at.such limes and In such offices and places as lendar'may deem appropriate,any and all such mortgages,
<br /> deeds of frust, security floods, security agreements, financing.slalamants, continuation statements, Instruments of further assurance,
<br /> conlocates,and other documents as may;In file tela opinion of Lender,be necessary or desirable In order to eltectuola,complete,perfect,
<br /> continue, or preserve (1) Trusi[Qes obllgatlans under,the Nota;this coed of Trust,and the Related Decumunts, and (2) the Ilene and
<br /> sacurlty Inlsresls created by this Dead of Trust as first and prier hens on.the Prop",whether now awned or hamster acquired by Truslor.
<br /> Unless prohibited by low or Loader agrees to the contrary In wdang,Truster shall reimburse Lender for all costs and expenses Incurred In
<br /> connection with the matters Fell to In this paragraph.
<br /> Atlomey-ni-lie . If Truslor fells to do any of the things retuned to In the preceding paragraph,Lender may do ao for and In the name of
<br /> Tnrsior and al Trusters expanse. For such purposes, Trustar)hereby Irrevocably appoints Lender as Trustors ahorrrwj-4n-4act for the
<br /> purpose of maidngt executing,donvedng,ming, recording,and doing all other things asmay be necessary or dulrable, In Lenders sole
<br /> opinion,to adwmplish the matters referred to In ih9 preceding asF&graph. ... .
<br /> FULL PERFORMANCE. 11 Truster pays an the Indebtedness when dolle,and otherwise porfonns all the obligations Imposed upon Trustorunder
<br /> this Dead of Trust, Lends shall execute and dallver to Trustee a;reci l fru fun reconveyance and shall execute and delver to Trustor sullable
<br /> statements of lamination of any ranting stelamenl,en ire evidencing Leander's security Interest In the Rents and the Personal Property. Lender
<br /> may charge Trustor a reasonable reconveyance toe at the time of recdyanew.
<br /> EVENTS OF DEFAULT. Each of the following,at Lenders option,shah conslltule on Event of oetaull under this Dead of Trust:
<br /> Payment Default. Trusiw falls to make any payment when due under the Indebtedness.
<br /> Other Defaults. Trustor fails to comply with or to perform any otter term,obligation,covenant or eoncinkm contained In this Deed of Trust or
<br /> In any of the Rolated Documents er to Comply with or to part" any term, obligation, cavanent or condition contained In any other
<br /> agreement between Lender and Trustor, i
<br /> Compliance Default. Failure to comply with any other term,ahllballon,covenant or condition contained In this Dead of Trust,the Note or In
<br /> any of the Related Documents. If such a failure Is curable and IIrunil has not been given a notice of a breach of the same provision of this
<br /> Deed of Trust within the preceding twelve(11 Z)months, I cured land no Event at Detain win have occurred)If Trustar,aflor Lander
<br /> sends written nolkt demanding cure of such fall (a)cures thle faluns within ten(10)days;or (b)It the cure rsqulres more than ten(10)
<br /> days, immediately Initietes steps sufficient to cure the faDure anh Iharnal continues end completes all mascnablo and necessary steps
<br /> sufficient to produce compliance as soon as reasonably practical.,
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<br /> OeIa d bn Olher Payments. Failure of Trustor within the tims raqulrad.by Ibis Deed of Trusl to make any payment for loxes or Insurance,or
<br /> any other payment necessary to prevent Filing of or to effect dlscherga of any non.
<br /> False Statements. Any worranry,representation or statement mdIdo or furnished to Lender by Truslor or on Trustors behalf under thy Deed
<br /> of Trust or the Rattled Documanls is false or misleading in any materiel respect, either now or at the time made or furnished at becomes
<br /> [else or misleading at any time lheroeler.
<br /> Defective ColletefalBallon, This Dead of Trysl or any of the Related Documents ceases to be In full force and effect(Including tenure of any _
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