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201109707
<br /> DfED OF TRUST
<br /> Loan IVo: 810281 (COntinUed) Page 4
<br /> documeniary stamps,and oiher charges for recording or registering this Deed of Trust:
<br /> Taxes. The following shall constituce taxes 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 o❑
<br /> Trustor which Trustor is authorized or required to deduct from payments on the Indebtedness secured by this type
<br /> of Deed of Trustl 13) a tax on this type 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 Lhe Indebtedness or on payments of principal and interest made by
<br /> Trustor.
<br /> Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of tYiis Deed of
<br /> Trust,this event shali 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 (11 pays the tax before it
<br /> 6ecomes delinquent,or (2) contests the tax as provided above in the Taxes and Liens section and deposits with
<br /> � Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender.
<br /> SEGURITY AGREEMENT; FINANCONG STATEMESVTS. The following provisions rela*.ing to this �eed of Trust as a -
<br /> security agreement are a part of this Deed of Trust:
<br /> Security Agreemerrt. This instrument shall constitute a Security Agreement to the extent any of the Property
<br /> constitutes fixtures,and Lender shall have all of the rights of a securetl 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 conYinue Lender's security interest in tF�e Rents and Personal Property. In addition to recording this Deed of
<br /> Trust in the real property records, Lender may, at any time and without further authorization from Trustor, file
<br /> execured counterparts, copies or reproductions of this Deed of Trust as a financing statement. T�ustor shall
<br /> reimburse Lender for ali expenses incurred in perfecting or conYinuing this security interest. Upon defauR,Trustor
<br /> shall not remove,sever or detach the Personal Property from the Property. Upon default,Trustor shall assem6le
<br /> any Personal Property not affixed Yo 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 m the
<br /> extent permitted by applicable law. .
<br /> Addresses. The mailing addresses of Trustor (de6tor) and�Lender (secured party) from which in€ormation
<br /> concerning the security interest granted by this Deed of Trust may 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 releting to further assurances and
<br /> attorney-in-fact are a part of this Deed of Trust: �
<br /> Further Assurances. At 2ny time,and from time to time,upon request of Lende�,Trustor will make,execute and
<br /> deliver,or wi41 cause to be made,executed or delivered,to Lender or to Lender's designee,and when requested 6y
<br /> � Lender,cause to be filed,recorded,refiled,or rerecorded,as the case may be,at such times and in such offices
<br /> and places as Lender may deem appropriate,any and alf such mortgages,deeds of trust,security deeds,security
<br /> agreements, financing statements, continuation statements, instruments of further assurance, czrtificates, and
<br /> other documents as may,in the sole opinion of Lender,be necessary or desirable in order to effectuate,complete,
<br /> pe�fect, continue, or preserve (1) Trustor's obligations 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 /> Properry, whether now owned or hereafter acquired by Trustor. Uniess prohibited by law or Lender agrees to the
<br /> contrary in writing, Trustor shall reimburse Lender for all costs and e�cpenses 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 nam�e 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,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 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 /> tleliver to Trustee a request for full reconveyance and shall execute and deliver to Trastor suitable statements of
<br /> terminaiion of any financing statement on file evidencing Lender's security interest in the Rents and the Pe�sonal
<br /> Property. Any reco�veyance fee required by law shall be paid by Trustor,if permitted by applicable law.
<br /> EVENTS OF DEFAU�LT. Each of the following,at Lender's opYion,shall constitute an Event of Default under this Deed
<br /> of Trust:
<br /> Payment Default. Trustor fails to make any payment when due under the Indebtednes5. .
<br /> � Other DefaulYS. Trustor fails to comply with or to perform any other term, obiigation, 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 Trustor.
<br /> Compliance Default. Failure to comply with any other term, obligation; cove�ant or condition contained in this
<br /> Deed of Trust,the Note or in any of the Related Documents.
<br /> Default on Other PaymeMs. Failure of Trustor within the iime required by this Deed ot 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 li:en.
<br /> Default in Favor of Third Parties. Should Grantor detault under any loan,extension of credit,securiry agreement,
<br /> purchase or sales agreement,or any other agreement,in favor of any other creditor ot person that may materially
<br /> affect any of Granto�r's prope:rty or Grantor's ability to repay the Indebtedness or Grantor's ability to perform
<br /> GranYOr's obligations under this Deed of Trust or any of the Related Documents.
<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 materia!respect,
<br /> either now or at the time made or fumished or becomes faise or misleading at any time thereaiter.
<br /> Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and
<br /> effect lincluding failure of any collateral document to create a valid and perfected security interest or lien) at any
<br /> time and for any reason..
<br /> Death or Insolvency. The death of Trustor,the insolvency of Trustor,the appoin#ment of a receiver for any part of
<br /> Trustor's property, any assignment for the benefit of creditors, any rype of creditor ovorkout, 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 /> proceeding,self-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,
<br /> including deposit accounts,with Lender. However, this Event of Default shall not apply if there is a good faith
<br /> dispute by Trustor as to the validity or reasonableness ofi the claim which is the 6asis of fhe creditor or forfeiture
<br /> proceeding and if Trustor gives Lender written notice of the creditor or forfeiture proceeding and deposits with
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