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�� � 201109703
<br /> DEED OF TRiJST
<br /> Loan IVo: 810280 (Corttinued) Page 4
<br /> incurred in recording, perfecting or continuing this Deed af Trust, including without limitation all taxes, fees,
<br /> documentary stamps,and other charges for recording or registering this Deed of Trust.
<br /> Taxes. The following shall constitute taxes to which this secYion 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 /> Trustor which Trustor is authorized or requi�ed to deduct from payments on the Indebtedness secured by this rype
<br /> of Deed of Trust (3) a tax on this'rype of Deed of Trust chargeable against the Lender or the holder of the Note;
<br /> and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by
<br /> Trustor.
<br /> Su&�sequent Ta:ces. If any tax to which this section applies is enacted subsequent to the date of this Deed of
<br /> Trust, this event shall have the same 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 unless 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�n�ith
<br /> Lender cash or a sufficieni corporate surety bond or oth°r security satisfactory to Lender.
<br /> SECURITY AGREEMENTt FINANCING STAYEMENTS. The fioflowing provis�ons relating m this Deed of Trust as a
<br /> security agreement are a part of Yhis Deed of Trust:
<br /> Se�urifiy Agreement. This instrument shall constitute a Security Agreement to the e�ent any of the Property
<br /> constitutes fixtures,artd Lender shall have aff of the rights of a secured party under ihe Uniform Commercial Code
<br /> as amended firom time to time.
<br /> Se�urizy InteFest. Upon request by Lender, Trustor shall take whatever action is reqvested by Lender to perfect
<br /> and continue Lender's security interest in the Rents and Personal Property. In additio�to recording this Deed of
<br /> Trust in the real property records, Lender may, at any time and without turther authorization from Trustor, file
<br /> executed counterparts, copies or �eproductions of this Deed of Trust as a financing statement. Trustor shall
<br /> reimburse Lender for all ezpenses incuTred in perfectino or continuing this securiYy interest. Upon default,Trustor
<br /> shall not remove,sever or detach the Personal Property from the Property. 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 malce it available to Lender within three (3� days afte�receipt of written demand from Lender to the
<br /> extent permitted by applicable law.
<br /> Addresses. The mailing addresses of Trustor (dehtor) and Lender (secured party) from which information
<br /> conceming the securiry interest granted by this Deed of Trust may be obtained (each as required by the Uniform
<br /> Commercial Code)are as stated on the f�irst 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 /> Fuvther 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 /> Le�nder, cause to be filed, recorded, refiled,or rerecorded,as Yhe case may be,at such times and in such offices
<br /> and places as Lender may deem appropriate,any and all such mortgages,deeds of trust,securify deeds,security
<br /> agreements, financing siatements, 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 /> � peefect, continue, or preserve (7) T�ustor's obligatons under the Note, this Deed of Trust, and the Related
<br /> Documents,and (2) the liens and security interests created by this Deed of Trust as first and prior liens on the
<br /> Property,whether now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the
<br /> co��trary in writing, Trustor shall reimburse Lender for all costs and ezpenses 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 preceding paragraph,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 for the purpose of making,executing,delivering,fi.ling,recording,and doi�g all
<br /> other tFi�ngs as may be necessary or desirable, in Lender's sole opinion,to accomplish the matters referred to in
<br /> the preceding paragraph.
<br /> FULL PIERFOfiMANCE. If Trustor pays all the Indebtedness,including without limitation all future advances,when due,
<br /> and otherwise performs all the obligations imposed upon Trustor under this Deed of Trust, Lender shall execute and
<br /> deliver to Trustee a requesti for full reconveyance and shall execute and deliver to Trustor suitable statements of
<br /> terrnination ofi any financing statement on'file evidencing Lenders security interest in the Rents and the Personal �
<br /> Property. Any reconveyance fee required by law shall be paid by Trustor,if permitted by applicable law.
<br /> EVENTS OF DEFAULT. Each of the following,at Lender's option,shail constitute an Event of Default untler this Deed
<br /> of Trust
<br /> Payment Default. Trustor fails to malce any payment when due under the Indebtedness..
<br /> Other Defaults. Trustor fails to comply with or to perform any other term, obligztion, covenant or condition
<br /> contained in this Deed of Trust or in any of the Related Documents or to comply with or to perform any term,
<br /> obligation,covenant or condition contained in any other agreement between Lender and Trustoc.
<br /> Campliance Defauk. 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 /> Default on Other Payments. Failure of Trustor within the time requiretl hy this Deed of Trust to mal<e any payment
<br /> fo�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,eMension of credit,security ag�eement,
<br /> purchase or sales agreement,or any other agreement,in favor of any other credimr or person that may materially
<br /> affect any of Grantor's property or Grantor's ability to repay tKe Indebtedness or Grantor's ability to perform
<br /> Grantor's obligations under this Deed of�Trust or any of the Related Dacuments.
<br /> False Statements. Any warranty, representation or statement made or fumished to Lender by Trustor or on
<br /> Trustor's behalf under this Deed of Trust or the Related Documents is false or misleading 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 Trust or any of the Related Documents ceases to 6e in tull force and
<br /> effect(inciuding failure of any collateral tlocument to cteate a valid and perfected security interest or lien)ai any
<br /> time an�i for any reason.
<br /> Death or Insolvency. The death of Trustor,the insolvency of Trustor,the appointment of a receiver for any part of �
<br /> Tre�stor's property, any assignment for the benefit of creditors, any type of creditor workout, or the
<br /> commencement of any proceeding under any bankruptcy or insolvency laws by or against Trustor.
<br /> Creditor or Forfeiture Proceedings. Commencement of foredosure or forfeiture proceedings, whether by judicial
<br /> proeeeding,self-help,repossession or any other method,by any creditor of Trustor or by any governmental agency
<br /> against any property securing the.lndebtedness, This includes a g8rnishment of any of Trustor's accounts,
<br /> including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good fa'rth
<br /> dispute by Trustor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture .
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