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<br /> 04-21-1998 DEED OF TRUST � Page 4 :
<br /> Loan No 702654 (Continued) 9�_ �(�391rJ
<br /> part of the Indebtedness secured by this Deed of Trust; (b)a specific tax on Trustor which Trustor is authorized or required to deduct from
<br /> payments on the Indebtedness secured by this type of Deed of Trust; (c)a ten on this type of Deed of Trust chargeable against the Lender or
<br /> the holder of the Note; and (d) a specific tax on ail or any portion of the Indebtedness or on payments of principal and fnterest made by
<br /> Trustor.
<br /> Subsequent Taxes. If any tex to which this section applies is enacted subsequent to the date of this Deed of Trust,this event shell have the
<br /> same effect as an Event of Default(as detined below),and Lender may exercise any or all of its available remedfes for an Event of Default as s
<br /> provided be�ow unless Trustor either (a)pays the tax before it becomes delinquent,or (b)contests the tax as provided above in the Taxes and
<br /> Liens section and dep�with Lender cash or a sufficient corporate sureiy bond or other security satisfactory to Lender.
<br /> SECURITY AGREEMENT;FINANCING STATEMENTS. The following provisions relatinq to this Deed of Trust as a securiiy agreement are a part of
<br /> this Deed of Trust.
<br /> SecuHty Ay�eement. This instrument shall constitute a security agreement to the exte�t any of the Property constltutes Poctures or other
<br /> personal properfy, and Lender shall have ali of the rights of a secured party under the Uniform Commercial Code as amended from time to
<br /> Gme.
<br /> SecurNy Interest. Upon request by Lender,Trustor shall execute financing statements and take whatever other action is requested by Lender
<br /> to perfect and continue Lender's security interest in the Rents and Personal Property. in additlon to recordfng this Deed of Trust in the real :
<br /> property recwds,Lender may,at any Hme and without fu�ther authorization irom Trustor,flle executed counterparls,copies or reproducGons of :
<br /> this Deed of Trust as a financing statement. Trustor shall reimburse Lender for all expenses incurced in perfectir►q or continuinp this security
<br /> interest. Upon default,Trustor shall assemble the Personal Prope�ty in a manner and at a place reasonably co�venient to Trustw and Lender
<br /> and make it available to Lender withln three(3)days after receipt of written demand from Lender.
<br /> Addresses. The maiHrp addresses of Trustor (debtor) and Lender (secured party), f�om which infamation ce�rninp the socurity interest
<br /> granted by this Deed of Trust may be obtafned(each as required by the Uniform Commercial Code),are as stated on the first page of this Deed
<br /> of Trust.
<br /> FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of this
<br /> Deed of Trust.
<br /> Further Assurances. At any time,and from time to time, upon request of Lender,Trustor will make, execute and deliver, or will cause to be
<br /> made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, re�led, or
<br /> rerecorded,as the case may be,at such Hmes and in such oifices and places as Lender may deem appropriate,any and all such mortgages,
<br /> deeds of trust,security deeds,security agreements,financing statements,continuatio�statements,instruments of further assurance,certiflcates, :
<br /> and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate,complete, perfect,continue, or :
<br /> preserve (a)the obligations of Trustor under the Note,this Deed of Trust,and the Related Documents,and (b)the liens and security interests
<br /> created by this Deed of Trust on the Property,whether now owned or hereatter acquired by Trustor. Unless prohibited by law or agreed to the
<br /> contrary by Lender in writing,Trustor shali refmburse Lender for all costs and expenses incurred in connection with the matters referred to in
<br /> this paragraph.
<br /> Attomey-in-Fact. If Trustor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of :
<br /> Trustor and at Trustor'S expense. For such purposes,Trustor hereby irrevocably appoints Lender as Trustor's attwney-in-fact for the purpose
<br /> of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole opinion, to :
<br /> accomplish the matters referred to in the preceding paragraph. :
<br /> FULL PERFORMANCE. If Trustor pays all the Indebtedness when due,and otherwise performs all the obligations imposed upon Trustor under this
<br /> Deed of Trust, Lender shall execute and deliver to Trustee a request for futl reconveyance and shall execute and deliver to Trustor suitable
<br /> statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Any
<br /> reconveyance fee required by law shall be paid by Trustor,if permitted by applicable Iaw. :
<br /> DEFAULT. Each of the following,at the option of Lender,shall constitute an event of default("Event of Default")under this Deed of Trust: :
<br /> Default on Indebtedness. Failure of Trustor to make any payment when due on the Indebtedness. :
<br /> Defautt on Other Peyments. faiiure of Trustor wiihin the iime reqtrired by this Deed oi Trusi to make any paymeM for texes or insurance,or :
<br /> any oiher payment necessary to prevent filing of or to effect discharge of any lien.
<br /> Compliance Default. Failure of Trustor fo comply with any other term, obligation, covenant or condition conteined in this Deed of Trust, the :
<br /> Note or in any of the Related Documents.
<br /> False Statements. Any wananty,representation or statement made or furnished to Lender by or on behalf of Trustor under this Deed of Trust,
<br /> the Note or the Related Documents is false or misleading in any material respect,either now or at the time made or fumished. :
<br /> Defective Collateralization. This Deed of Trust or any of the Related Dxuments ceases to be in fult force and effect(including failure of any :
<br /> collateral documents to create a valid and perfected security interest or lien)at any time and for any reason. :
<br /> Death or Inaolvency. The death of Trustor, the insolvency of Trustor, the appointment of a receiver for any pa�t of Trustor's properfy, any
<br /> assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or
<br /> insolvency laws by or against Trustor. :
<br /> Foreciosure,FOrfeiture,etc. Commencement of foreclosure or forfeiture proceedings,whether by judicial proceeding,self-help,repossession :
<br /> or any other method,by any creditor of Trustor or by any governmental agency against any of the Property. However,this subsection shall not
<br /> apply in the event of a good faith dispute by Trustor as 10 the validity or reasonableness of the claim which is the basis of the foreclosure or
<br /> forefeiture proceeding, provided that Trustor gives Lender wriHen notice of such claim and furnishes reserves or a surety bond for the claim
<br /> satisfactory to Lender. :
<br /> Breach of Other A�reement. Any breach by Trustor under the terms of any other agreement between Trustor and lender that is not remedied :
<br /> within any grace period provided therein,includi�g without timitation any agreement conceming any indebtedness or other obligation of Trustor
<br /> to lender,whether existing now or later. :
<br /> Events Aftectinp Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor :
<br /> dies or becomes incompetent, or revokes or disputes the validity of,or liability under,any Guaraniy of the Indebtedness. Lender,at its option,
<br /> may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the obligations arising under the guaranty in a
<br /> manner satisfactory to Lender,and,in dang so,cure the Event of Default.
<br /> Insecurity. Lender in good faith deems itself insecure.
<br /> Existln�Indebtedness. A default shall occur under any Existing Indebtedness or under any instrument on the Property securing any Existing
<br /> Indebtedness,or commencement of any suit or other action to foreclose any existing lien o�the Property. :
<br /> Right to CurE. If such a failure is curable and if Trustor has not been given a notice of a breach of the same provision of this Deed of Trust
<br /> within the preceding twelve (12) moMhs, it may be cured (and no Event of Default will have occurred) if Trustor, afler Lender sends written
<br /> notice demanding cure of such failure: (a)cures the failure within ten(10)days;or (b)if the cure requires more than ten(10)days,immediately
<br /> initiates steps sufficient to cure the failure and thereafler continues and completes all reasonable and necessary steps sufficient to produce
<br /> compliance as soon as reasonabry practical.
<br /> RIGHTS AND REMEDIES ON DEFAIILT. Upon the occurcence of any Event of Default and at any time thereafter,Trusiee or Lender,at its option,
<br /> may exercise any one or more of the following righls and remedies,in addition to any other rights or remedies provided by law:
<br /> Acceleration upon Default; Additional Remedfes. If any eveM of default occurs as per the terms of the Note secured hereby, Lender may :
<br /> declare all Indebtedness secured by this Deed of Trust to be due and payable and the same shall thereupon become due and payable without :
<br /> any presentment,demand,protest or notice of any kind. Thereafter,Lender may: :
<br /> (a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a couri and without
<br /> regard to the adequacy of its security,enter upon and take possession of the Property,or any parl thereof,in fts own name or in the name
<br /> of Trustee,and do any acts which ft deems necessary or desirable to preserve the value,marketability or rentability of the Properly,or part
<br /> of the Property or interest in the Property;increase the income from the Property or protect the security of the Property;and,with or without
<br /> taking possession of ihe Property,sue for or othervvise collect the rents,issues and profits of the Property, including those past due and
<br /> unpaid,and apply the same,less costs and expenses of operation and collection,including attorneys'fees,to any indebtedness secured
<br /> by this Deed of Trust,all in such order as Lender may determine. The entering upon and taking possession of the Property,the collection
<br /> of such rents,issues and profits,and the application thereof shall not cure or waive any default or notice of default under this Deed of Trust
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