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Loan No: 1109353-3 D (Con�t nue ) � �� 2 u 2 9 �� Page 4
<br />Current Taxes, Fees and Charges. Upon request by Lender, Trustor shall execute such documents in add�ion to
<br />this Deed of Trust and take whatever other action is requested by Lender to pertect 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, pertecting or continuing thfs Deed of Trust, including without Iimitation all taxes, fees,
<br />documentary stamps, and other charges for recording or registering this Deed of Trust.
<br />Taxes. The following shall constitute taxes to which this section applies: (1) a specfic 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 specfic 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 or the holder of the Note;
<br />and (4) a specific tax on all or any portion of the Indebtedness 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 fts
<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 provided above in the Ta�ces 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 provisfons relating to this Deed of Trust as a
<br />security agreement are a part of this Deed of Trust:
<br />Security Agreemen� This instrument shall constitute a Security Agreement to the extent any of the Properly
<br />constitutes fixtures, and Lender shall have all of the rights of a secured party under the Unifortn Commercial Code
<br />as amended from time to time.
<br />Security Irrterest. Upon request by Lender, Trustor shall take whatever action is requested by 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 property records, Lender may, at any tlme and without further authorization from Trustor, file executed
<br />counterparts, copies or reproductions of this Deed of Trust as a flnancing 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 from the Property. Upon default, Trustor shall assemble any
<br />Personal Property not afflxed to the Property in a manner and at a place reasonably convenient to Trustor and
<br />Lender and make it available to Lender within three (3) days after recefpt 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 />conceming the security interest granted by this Deed of Trust may be obtained (each as required by the Uniform
<br />Commercial 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 />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, ezecuted or delivered, to Lender or to Lender's designee, and when requested by
<br />Lender, cause to be flled, recorded, refiled, or rerecorded, as the case may be, at such times and in such oftices
<br />and places as Lender may deem appropriate, any and 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 />perFect, continue, or preserve (1) Trustor's obligatlons 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 on the Property, whether now
<br />owned or hereafter acqulred by Trustor. Unless prohibited by law or Lender agrees to the contrary in wriUng,
<br />Trustor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to fn this
<br />paragraph.
<br />Attomey-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 attomey-in-fact for the purpose of making, executing, delivering, filing, recording, and doing all
<br />other things as may be necessary or desirable, in LendePs sole opinion, to accomplish the matters referred to in
<br />the preceding paragraph.
<br />FULL PERFORMANCE. If Trustor pays all the Indebtedness, including without Iim(taUon all future advances, when due,
<br />and othervvise pertorms 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 su(table statements of
<br />termination of any financing statement on file evidencing Lender's security interest ln the Rents and the Personal
<br />Property. Any reconveyance fee required by law shall be paid by Trustor, if permitted by appi(cable law.
<br />EVENTS OF DEFAULT. At Lender's option, Trustor will be in default under this Deed of Trust if any of the followfng
<br />happen:
<br />Payment Default Trustor fails to make any payment when due under the Indebtedness.
<br />Break Other Promfses. Trustor breaks any promise made to Lender or fails to perform promptly at the time 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 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 Paymen�. 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 />False Statements. Any representation or statement made or fumished 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 Collateralizatlon. 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 pertected security interest or Ifen) 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 />Trustors 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 govemmental agency tries to take any of the Properiy or any other of
<br />Trustors property in which Lender has a lien. This includes taking of, gamishing of or levying on Trustor's
<br />accounts with Lender. However, if Trustor disputes in good faith whether the claim on whlch 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 />appiy.
<br />Breach of Other Agreement Any breach by Trustor under the terms of any other agreement between Trustor and
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