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201109750
<br /> DEED OF TRUST
<br /> Loan No: 10UO�D931 (Continued) Page 4
<br /> incurred by Trustee or Lender in connection with the condemnation. �
<br /> IMPOSITION OF TAXES,FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating
<br /> to governmental taxes,fees and charges are a part of this D2ed 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 otheP charges for recording or registering this Deed of Trust.
<br /> Tazes. The following sliall constitute taxes to wMich this section applies (11 a specific tax upon this type of
<br /> Deed of Trust or upon ali or any part of Lhe Indebtedness secured by this Deed of Trust; (2) a speciiic taz on
<br /> Trustor which Trustor is authorized or required to deduct from payments on the Indebtedness secured by this type
<br /> of Deed of Trust; (3) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Note;
<br /> and I4) a specific tax on all or any portion ofi the Indebtedness or on Payments of principal and interest made by
<br /> Trustor.
<br /> Subsequent Ta�ces. If any tax to which this section applies is enacted subsequent to the date of this Deed of
<br /> Trust, This eve�nt shall have the same effect as an Event of Default, and Lender may exercise any or all of its
<br /> availa6le remedies for an Event of Default as provided below unless Trustor either (11 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 cash 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 a part of this Deed of Trust:
<br /> Security AgreemenL This instrument shall constitute a Security Agreement to the extent any of the Property
<br /> co�stitutes fixtures,and Lender shall have all af the rights of a secured party under the Uniforrn Commercial Code
<br /> as amended from time to time.
<br /> Security Imerest. Upon request by Lender,Trustor sha11 take whatever action is requested 6y Lender to perfect
<br /> and continue Lender`s security interest in the�Personal Property. In addition to recording this Deed of Trust in the
<br /> real properry records, Lende.r may, at any time and wiThout furtheF�authorization from Tiustor, file executed
<br /> counterparis, copies or reproductions of this Deed of Trust as a financing statement. Trustor shall reimburse
<br /> Lender for all expenses incurred in perfecting or continuing this security interest. Upon default,Trustor shall not
<br /> remove, sever or detach the Personal Property f�om the Property. Upon default, Trustor shall assemble any
<br /> Personal Property not affixed to the Property in a ma�ner 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 6y appGcable law. �
<br /> Addresses. The mailing addresses of Trustor (debtorl and Lender (secured party) from which informaUOn
<br /> concerning the security interest grarrted by this Deed of Trust may be obtained (each as required by the Uniform
<br /> Commercial Code1 are as stated bn 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 ofi Trust:
<br /> Further Assurances. At any time,and from time to time, upon request of Lender,Trustor will make,execuYe and
<br /> deliver,or will cause to 6e made,executed or delivered,to Lender or to Lender's designee,and when requested by
<br /> Lender,cause to 6e fited, 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 all such mortgages,deeds of trust,security deeds,security
<br /> agreemer.ts, 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 /> perfect, continue, or preserve (1) Trustor's obligaCions under the Note, this Deed of Trust, and the Reiated
<br /> Documents,and (2) the liens and security interests created by this Deed of Trust on the Property,whether now
<br /> owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writing,
<br /> Trustor shall reimburse Lender for all costs and expenses ineurred in connection with the matters referred to in this
<br /> 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,filing,recording,a�d 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 /> deliver to Trustee a request for full reconveyance and shall execute and deliver to Trustor suitable statements of
<br /> termination of any financing statement on file evidencing Lender's security i�terest in the Rents and the Persooal
<br /> Property. Any reconveyance fee required by law shall be paid by Trust¢r,if permitted by applicable law.
<br /> EVENTS OF DEFAIDLT. At Lender's option,Trustor will he in default under this Deed of Trust if any of the following
<br /> happen:
<br /> Payment Defauk. Trustor fails to make any payment when due under the Indebtedness.
<br /> 6reak Other Promises. Trustor breaks any promfse made to Lender or fails to perform promptly at the fime and
<br /> strictly in the manner provided in this Deed of Trust or in any agreement related to this Deed of Trust.
<br /> Compliance Default. Failure to comply with any other Ierm, obiigation, covenant or condition contained in this
<br /> Deed of Trust,the Note or in any of the Related Documents.
<br /> Defiauk on Other Payments. Failure of Trustor within the time required by this Deed of Trus�t 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 /> Defauk in Favor of Third Parties. Should Grentor defauit under any loa�,e�ension of credit,security agreement,
<br /> purchase or sales agreement,or any other agreement,in favor of any other creditor or person that may materialiy
<br /> affect any of Grantor's property or Grantor's ability to repay the Inde6tedness or Grantor's ability to perform
<br /> Grantor's obfigations under this Deed of Trust or any of the Related Documents.
<br /> False Statements. Any representation or statement made or furnished to Lender by Trustor or on Trustor's behalf
<br /> under this Deed of Trust or the Related Documents is false or misleading in�any material respect,either now or at
<br /> the time made or furnished.
<br /> Defective Collateralization. This Deed of Trust or any of the Related Documents ceases Yo be in full force and
<br /> effect(including failure of any collaterel document to create a valid and perfected security interest or IieN at any
<br /> time and 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 /> Trustor's property, any assignment for the lienefit of creditors, any type of creditor workout, or the�
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