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201109871
<br /> DEED OF TRUST
<br /> Loan No: 10000956 �COntlnUed) Page 4
<br /> Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which information �
<br /> concerning the security interest granted by Yhis Deed ofi Trust may be obtained (each as required by the Unifiorm
<br /> Commercial Code)are as stated on ihe first page of this Deed of Trust.
<br /> FURTHER ASSURANCES: ATTORNEY-IN-FACT. The following provisions relating to further assurances and
<br /> atmrney-in-fact are a part of this Deed of Trust:
<br /> Further Assurances. AY 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,m Lender or to Lender's designee,and when requested by
<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 all such mortgages,deeds of trust,se�curity deeds,security
<br /> agreements, 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 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 /> Property,whether now owned or hereafter acquired 6y Trustor. Unless prohibited by law or Lender agrees to the
<br /> contrary in writing, Trustor shall reimburse Lender for all costs and expenses incurred in connection with the
<br /> matters referred to in tfiis paragiaph.
<br /> Attorney-in-Fact. If Trustor fails to do any of the things referred to in the preceding paragraph,Lentler may do so
<br /> for and in the name of TrusYOr and at Trustor's expense. For such purposes,.Trustor hereby irrevocably appoints
<br /> Lender as Trusior's attornsy-in-fact for the purpose of making,executing,delivering,filmg,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 paiagraph.
<br /> FULL PERFORMANCE. If Trustor pays all. the Indebtedness when due, and otherwise performs all the o6ligations
<br /> imposed upon Trustor under this Deed of Trust, Lender shall execute and tleliver to Trustee a request for full
<br /> reconveyance and shall execute and delivet to Trustor suitabie statements of termination of any financing statement on
<br /> file evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by law
<br /> shall be paid by Trustor,if permitted by applicable law.
<br /> EVENTS OF DEFAULT. At Lender's option,Trustor will be in default under this Deed of Trust if any of the following
<br /> happen:
<br /> PaymeM Default. Trustor fails to make any payment when due under the Indebtedness.
<br /> Break Other Promises. Trustor breaks any promise made to Lender or fails to perform promptly at the time and
<br /> strictly in the rnanner provided in this Deed of Trust or in any agreement related to this Oeed of Trust.
<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 /> Default on Other PaymeMS. Failure of Trustor within the time required by Yhis 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 /> Default in Favor of Third Parties. Should Grentor default under any loan,extension of credit,securiiy agreement,
<br /> purchase or sales agreement,or any other agreement,in favor of any other creditor or person that may materially
<br /> affect any of Grantor's property or Grantor's ability to repay the Indebtedness or Grantor's ability to perform
<br /> GrantoPs obligations 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 Docaments ceases to be in full force and
<br /> effect(induding failure of any collateral document to create a valid and perfected security interest or lien) at any
<br /> time and for any reason.
<br /> �eath ar 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 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 /> Taking of the Property. Any creditor or governmental agency tries Yo take any of the Property or a�y other of
<br /> Trustor's property in which Lender has a lien. This includes taking of, gamishing of or levying on TrustoPs
<br /> accounts with Lender. However,if Trustor disputes in good faith whether the claim on which the taking of the
<br /> Property is based is valid or reasonable, and if Trustor gives Lender written notice of the claim and fumishes
<br /> Lender with monies or a surety bond satisfactory to Lender to satisfy the claim,then this default provision will.not
<br /> apply.
<br /> Breach of Other Agreement. Any breach by Trusmr under the terms of any other agreement between Trustor and
<br /> Lender that is not remedied within any grace period provided therein, including without limitation any agreement
<br /> concerning any indebtedness or other obligation of Trustor to Lender,whether existing now or later.
<br /> Events Affecting Guarantor. Any of the preceding events occurs with respeci to any guarantor,endorser,surety,
<br /> or accommodation parry of any of the Indebtedness or any guarantor,endorser,surety, or accommodation party
<br /> dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the
<br /> Indebtedness.
<br /> Insecurity. Lender in good faith helieves itself insecure. �
<br /> Right to Cure, If any default,other than a default in payment is curable and if Trustor has not been given a notice
<br /> of a breach of�the same provision of this Deed of Trust within the preceding twelve(12)months,-it may be cured if
<br /> Trustor,after Lender sends written notice to T�ustor demanding cure of such defauk: 11) cares the default within
<br /> twenty (20} days; or (2) ifi the cure reqaires more than twenty (20) days, immediatety initiates steps which
<br /> Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and
<br /> completes all reasona6le and necessary steps sufficient to produce compliance as soon as reasonably practical.
<br /> RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust,at any time thereafter,
<br /> Trustee or Lender may exercise any one or more of the following rights and remedies:
<br /> Acceleration Upon Defauh;Additional Remedies. If any Event of Default occurs as per the terms of the Note
<br /> secored hereby,Lender may declare all Indebtedness secured by this Deed of Trust to be due and payable and
<br /> the same shall thereupon become due and payable without any presentment,demand,protest or notice of any
<br /> kind. Thereafter,Lender may:
<br /> (a) Either in person or by agent, with or without bri�ging any action or proceeding, or by a receiver
<br /> appointed by a court and wiYhout regard to the adequacy of its security,enter upon and take possession
<br /> of the Property,or any part thereof,in its own name or in the name of Trustee,and do any acts which it
<br /> deems necessary or desirable to preserve tlie value,marketability or tentability of the Property,or part of
<br /> the Property or interesi in the Pro�perty;increase the income from the Property or protect the security of
<br /> the Property; and, with or without taking possession of the Property, sue for or otherwise collect the
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