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201200746
<br /> DEED OF TRUST
<br /> Loan No: 81000034 (C011tlnued) Page 4
<br /> iMPOSITION OF TAXES,FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating
<br /> to governmentaltaxes,fees and charges are a part ofthis Deed of Trust:
<br /> C�rrent Ta�ces,Fees and Charges. Upon request by Lender,Trustor shall execute such documents in adtlition 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 conti�uing this Deed of Trust, induding without limitation all taxes, fees,
<br /> documentary stamps,.and other charges for recording or registering this Deed ofi Trust.
<br /> Taxes. The following shall constitute 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 on
<br /> Borrower which Borrower is authorized or required to deduct from payments on the Indebtedness secured by this
<br /> type of Deed of Trust; (3) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the
<br /> Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest
<br /> made by.Borrower. �
<br /> Subsequent Taues. If any tax to which this section applies is enacted suhsequent 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 fot an Event of Default as provided below unless Trustor either (t) pays the tax before it
<br /> becomes delinquent,or (2) contests the tax as provided a6ove in the Taxes and Liens sectian and deposiis 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 agreemeni are a part of this Deed of Trust
<br /> Security Agreement. 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 secured party under the Uniform Gommercial Code
<br /> as amended itom 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 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 /> executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Trustor shall
<br /> Feimburse Le:nder for all ezpenses 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 Properry not affixed to the Property in a manner and at a place reasonably convenient to Trustor and
<br /> Lender and make it�availabfe to Lender within three(3) days aher�eceipt of written demand from Lender to the
<br /> extent permitted by applicable law. �
<br /> � Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which information
<br /> concerning the security interest granted by this Deed of Trust may 6e ohtained (each as required by the Uniform
<br /> Commercial Code)are as staied on the first page of th�is Deed of Trust.
<br /> FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to fiurther assurances and
<br /> attomey-in-fact are a part of this Deed of Trust:
<br /> Further Assurances. At 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,to 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��such offices
<br /> and places as Lender may dee.m appropriate,any antl all such mortgages,deeds of trust>security 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 /> perfeci,continue;or preserve (11 Borrower's and Trustor's obligations under the Note,this Deed of Trust,and
<br /> the Related Documents,and (2) the liens and security interests created by this Deed of Trust as first and prior
<br /> liens on the Property,whether now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender
<br /> agrees to the contrary in writing;Trustor shall reimhurse Lender for all costs and expenses incurred in connection
<br /> with the matters referred to i.n this paragraph.
<br /> Attorney-in-Fact. If Trustor fails to do any of the things referzed to in the preceding paregraph,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,and doing all
<br /> other things as may be necessary or desirable, in Lender's sole opinion,to accomplish the matters refierred to in
<br /> the preceding paragraph.
<br /> FULL PERFORMANCE�. If Borrower and Trustor pay all the Indebtedness, including without limitation all future
<br /> advances,when�due,and Trustor otherwise performs all the obligations imposed upon Trus:or under this Deed of Trust,
<br /> Lender shall execute and deliver to Trustee a request for full reconveyance and shall exeeute and deliver to Trustor
<br /> suitabie statements of termination of any financing statement on file evidencing Lender's security interest in the Rents
<br /> and the Personal Property. Any reconveyance fee required by law shall be paid by Trustor, if permitted by applicable
<br /> law.
<br /> EVENTS OF DEFAULT. Each of the following,at Lender's option,shall constitute an Event of Default untler this Deed
<br /> of Trust:
<br /> Payment Default. Borrower fails to make any payment when due under the Indebtedness.
<br /> Ofher Defaults. Borrower or Trustor fails to comply with or to perform any other term, obligation, covenant or
<br /> condition contained in this Deed of Trust or in any of the Related Documents or to comply with or to perform any
<br /> term,obligation,covenant or condition contained in any other agreement between Lender and Borrower or Trustor.
<br /> Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this
<br /> Deed of Trust,the Note orin any of the Related Documents.
<br /> Defaulf 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 /> Defauh in Favor of Third Parties. Should Borrower or any Grantor default under any loan, extension of credit,
<br /> security agreerrient,purchase or sales agreement,or any other agreement,in favor of any other creditor or person
<br /> that may materially affect any of Borrower's or any Grantor's property or Borrower's abflity to repay the
<br /> Indebtedness or Borrower's or Grantor`s ability to perform their respective obligations under this Deed of Trust or
<br /> any of the Related Dacuments.
<br /> False Statements. Any warranty,representation or statement made or furnished to Le�der by Borrower or Trustor
<br /> or on Borrower's or Trustor's behalf under this Deed of Trust or the Related Documents is false or misleading in
<br /> any material respecY, either now or at the time made or furnished or becomes false or misleading at any time
<br /> thereafter.
<br /> Defective Collateralization. This Deed of�Trust or any of the Related Documents ceases to be in full fiorce and
<br /> effect(including failure of any collateral document to create a valid and perfected security interest or lien) at any
<br /> time and for any reason. � �
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