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201200123
<br /> DEED OF TRUST
<br /> Loan No: 810295 (COntinued) Page 4
<br /> Taxes. The foflowing shall wnstitute taxes to which this section applies: (1) a specific tax upon this type of
<br /> Deed of Trust or upon ali or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax 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 ot the holder of the Note;
<br /> and (4) a specific tax on all or any portion of the Indebfedness 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 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 providetl 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; FINANC4NG 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 Agreement. This instrument shall coristitute a Security Agreement to the eMent any of the Property
<br /> constitutes fixtures,and Lender shall have ail of the rights of a secured 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 continue Lender's security interest in the Rents and Personal Property. In addition Yo recording this �eed of
<br /> Trust in the real property records, Lender may, at any time and without further authorization from Trustor, file
<br /> executed� counterparts, copies or reproductio�ns of this Deed of Trust as a financing statement Trustor shall
<br /> reimhurse Lentler for all expenses incurred in perfecting or continuing this security 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 noY affixed to the Property in a manner and at a place reasona6Vy convenient to l"rustor and
<br /> Lender and make it availa6le to Lender within three(3) days after receipt of written demand from Lender to the
<br /> extent permitted by applicable law.
<br /> Addresses. The mailing addresses of Trustor ldebtor) and Lender tsecured party} from which information
<br /> conceming the security interest granted by this Deed of Trust may be obTained (each as requlred by the Uniform
<br /> Commerci�al Code)are as stated on 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,execute and
<br /> deliver,or�vili cause to 6e made,executed or delivered,to Lentler or to Lender's designee,and when requested by
<br /> Lender,cause to be fled,recortled,refiletl,or rerecorded,as the case may be, at such times and in such offices
<br /> and plaees as Lender may deem appropriate,any and all such mortgages,deeds of trust,security deeds,security
<br /> agreements, financing statements, continuation statements, instruments ofi 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 by 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 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,Trastor 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 refetred m in
<br /> the preceding paragraph.
<br /> FULL PERFORMANCE.. If Trustor pays all the indebtedness,including without fimitation all future advances,when due,
<br /> and otherwise performs ail 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 T�ustor suitahle statements of
<br /> termination of any financing statement on file evidencing Lender's 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,shall constitute an Event of Default under this Deed
<br /> of Trust:
<br /> Payment Default. Trustor fails to mal<e any payment when due under the indetitedness.
<br /> Other Defaults. Trustor fails to comply with or to perform any other term,. obligation, covenant or condition
<br /> contained in this Deed of Trust or in any of the Related Documents oe to comply with or to perform any term,
<br /> obligation,covenant or condition contained in any other agreemeM between Lender and Trustor.
<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 Payments. Failure of Trustor within the time required by this 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 Grantor default under any loan,eMension of credit,security 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 Grantors property or Grantor's 8.6ility to repay the Indebtedness or Grantor's ability to perform
<br /> Grantor's obligations under this Deed of Trust or any ofi the Related Documents�.
<br /> False Statements.. Any warranty, representation or statement made or furnished 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 Yhe time made or turnished or becomes false or misieading at any time tfiereafter.
<br /> Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and
<br /> effect(including failure of any collateral document to create a valid and perfected security interest or IieN at any
<br /> time and for any reason, �
<br /> Death or Insolvency. The tleath of Trustor,tBe insolvency of Trustor,the appointmeM of a receiver for any part of
<br /> Trustor's property, any assignment for the benefit of creditors, any type of creditor worl<out, or the
<br /> commencement of any proceeding under any bankruptcy or insolvency laws by or against TrusEOr.
<br /> .Creditor or Forfeiture Proceedings. Commenceme�nt of foreclosure or forfeiture proceedings, whether by Judicial
<br /> proceeding,self-help,repossession or any other method,by any creditor of Trustor or by any govemmental agency
<br /> against any property securing the Indebtedness. This includes a garnishment of any of Trustor's accounts,
<br /> including deposit accouots, with Lender. However,this Event of Default sha��ll not apply'if there is a good faith
<br /> dispute by Trustor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture
<br /> proceeding and if Trustor gives Lender written notice of the creditor or forfeiture proceeding and deposits with
<br /> Lender monies or a surety bond for the creditor or forfeiture proceeding,in an amount determined by Lender,in its
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