DEED OF TRUST
<br />�;�;� k ; _ ( Continued) 2 Q 11 Q 9 4 9 9 Page 4
<br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating
<br />to govemmental taxes, fees end charges are a part of this Deed of Trust:
<br />Current Taxes. Fees and Charges. Upon request by Lender, Trustor shall execute such documents in addition to
<br />this Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lender's lien on
<br />the Real Property. Trustor shall reimburse Lender for all taxes, as described below, together with all expenses
<br />incurred in recording, perfecting or continuing this Deed of Trust, including without limitation all taxes, fees,
<br />documentary stamps, and other charges for recording or registering thfs Deed of Trust.
<br />Taxes. The following shell constitute texes to which this section applies: (1) a specific tax upon this type of
<br />Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on
<br />Borrower which Borrower is authorized or required to deduct from payments on the Indebtedness secured by this
<br />type of Deed of Trust; (3) e tax on this type of Deed of Trust chargeable against the Lender or the holder of the
<br />Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest
<br />made by Borrower.
<br />Subsequerrt Taxes. If eny tex to which this section applies is enacted subsequent to the date of this Deed of
<br />Trust, this event shall have the seme effect as an Event of Default, and Lender may exercise any or all of its
<br />available remedies for an Event of Default as provided below unleas Trustor either (1) pays the tax before it
<br />becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with
<br />Lender cesh or a sufficient corporate surety bond or other security satisfactory to Lender.
<br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a
<br />security agreement are e pert of this Deed of Trust:
<br />Security Agreemerrt. This instrument ahell constitute a Security Agreement to the extent any of the Property
<br />constitutes fixtures, and Lender shall have alt of the rights of a secured party under the Uniform Commercial Code
<br />as amended from time to time.
<br />Security Interest. Upon request by Lender, Trustor shall take whatever action is requested by Lender to perfect
<br />and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Deed of
<br />Trust in the real properry records, Lender may, at any time and without further authorization from Trustor, file
<br />executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Trustor shall
<br />reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Trustor
<br />shall not remove, sever or detach the Personal Property from the Properry. Upon default, Trustor shall assemble
<br />any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Trustor and
<br />Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the
<br />extent permitted by applicable law.
<br />Addresses. The meiling eddresses of Trustor (debtor) and Lender (secured perty) from which information
<br />concerning the security interest granted by this Deed of Trust mey be obtained (each 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 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 wiii meke, 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, reflled, or rerecorded, as the case may be, at such times and in such offices
<br />end places as Lender mey deem appropriate, any end ell such mortgages, deeds of trust, security deeds, security
<br />egreements, 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 />Rerfect, cvntinue, or preserve (7) Bnrrower's and Trust�r's obligQtfons under the.Note, this Deed of Trust, end
<br />the Related Documents, and (2) the Ilens and security interests created by this Deed of Trust as first and prior
<br />liens on the Properry, whether now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender
<br />agrees to the contrary in writing, Trustor shall reimburse Lender for all costs and expenses incurred in connection
<br />with the metters referred to in this paragraph.
<br />Attorney-In-Fact. If Trustor feils to do any of the things referred to In the preceding paregraph, Lender may do so
<br />for and in the name of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints
<br />Lender as Trustor's attorney-in-fact tor the purpose of ineking, 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 Borrower and Trustor pay all the Indebtedness, including without limitation all future
<br />edvances, when due, and Trustor otherwise performs all the obligations imposed upon Trustor under this Deed of Trust,
<br />Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to Trustor
<br />suitable statements ot termination of any financing statement on flle evidencing Lender's security interest in the Rents
<br />and the Personal Property. Any reconveyance tee required by law shall be paid by Trustor, if permitted by applicable
<br />law.
<br />EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed
<br />of Trust:
<br />Payment Default. Borrower faits to make any payment when due under the Indebtedness.
<br />Other Defaults. Borrower or Trustor feils to comply with or to perform any other term, obligation, covenant or
<br />condition contained in this Deed of Trust or in any ot the Related Documents or to comply with or to perform any
<br />term, obligation, covenant or condition contained in any other agreement between Lender and Borrower or Trustor.
<br />Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this
<br />Deed of Trust, the Note or in any of the Related Documents.
<br />Defauit on Other Paymerns. Failure of Trustor within the time required by this Deed of Trust to make any payment
<br />for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien.
<br />DofaulY in f�vor of Third Parties. �Should Borrower or any Grantor default under any loan, extenaion of credit,
<br />security agreement, purchase or sales egreement, or eny other agreement, in favor of any other creditor or person
<br />that may meterially affect any of Borrower's or any Grantor's property or Borrower's ability to repay the
<br />Indebtedness or Borrower's or Grantor's ability to perform" their respective obligations under this Deed of Trust or
<br />any of the Releted Documents.
<br />False Statemerits. Any warranty, representation or statement made or furnished to Lender by Borrower or Trustor
<br />or on Borrower's or Trustor's behalf under this Deed of Trust or the Related Documents is false or misleading in
<br />any material respect, either now or at the time made or furnished or becomes false or misleadfng at any time
<br />thereafter.
<br />Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and
<br />effect (including failure of eny collateral document to create a valid end perfected security interest or lien) at any
<br />time and for any reason.
<br />
|