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. � � DEED OF TRUST 2 012 0 3 415
<br />Loan No: 11093543 (Continued) Page 4
<br />of Deed of Trust; (3) a tax on this type of Deed of Trust chargeabte against the Lender or the holder of the Note;
<br />and (4) a specfflc tax on all or any portion of the Indebtedne.ss or on payments of principal and interest made by
<br />Trustor.
<br />Subsequent Ta�ces. If any tax to whfch this secNon applies is enaded subsequent to the date of this Deed of
<br />Trust, this event shall have the same effect as an Everrt of Default, and Ler�er may exerc��se any or all of its
<br />available remedies for an Everrt of Default as provided below unless Trustor either (1) pays the tax before it
<br />bebomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens sectlon and dep�its with
<br />Lender cash or a suflicient c�rporate surety boncl or other securfty saUsfactory to Lender.
<br />SECURI7Y 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 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 Commercial Code
<br />as amended from time to tfine.
<br />Security Interest Upon request by Lender, Trustor shall take whatever action is requested by Lender to pertect
<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 time and without further authorization from Trustor, flle executed
<br />counterparts, copies or reproductions of this Deed of Trust as a financing 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 receipt 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 securiry interest granted by this Deed of Trust may be obtained (each as required by the Uniform
<br />Commercial Code) are as stated on the flrst page of this Deed of Trust.
<br />FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisfons relating to further assurances and
<br />attorney-in-fact are a part of this Deed of Trust:
<br />Further Assurances. At any time, and from time to time, upon reque.st of Lender, Trustor will make, �acecxite and
<br />deliver, or witl cause to be made, execx�ted or delNered, to Lender or to Lende�'s designee, and when requested by
<br />Lender, cause to be fll�, recorded, refiled, or rerecorded, as the case may be, at such time.s and in such offl�s
<br />and places as L�der may de�n appropriate, arry and all such mortgages, deeds of Uust, securriy dceds, security
<br />agreemer�ts, financing statements, cordinuation statemeMs, instrumerrts of further assurance, c�rtificates, and
<br />other docx�ments as may, in the soie opinion of Lender, be neoessary or desirable fn order to effectuate, complete,
<br />pe►fect, corrtinue, or preserve (1) Trustor's obligaUons under the Note, this Deed of Trust, and the R�ated
<br />�ments, and (2) the liens and security interests a+eated by this Dced of Trust on the Properly, whether now
<br />owned or hereafter aoquired by Trustor. UNess prohibited by law or Le�der agrces to the c�ontrary in wrfting,
<br />Trustor shatl reimburse Lender for all costs and e�erises inc�rred in connecdon with the matters referred to in thls
<br />paragraph.
<br />Attorney-in-Fact If Trustor fails to do any of the things referred to in the pr�eceding paragraph, Ler�der may do so
<br />for and in the name of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoirrts
<br />Lender as Trustor's attomey-in-fact for the purpose of making, executing, delivering, filing, recc�rding, and doing all
<br />other things as may be nec�e,ssary or desirable, in Lenders sole opiNon, to acxomplish the matters referred to in
<br />the preoeding paragraph.
<br />FULL PERFORMANCE. If Trustor pays all the Indebtedness, induding without limitation all future advan�.s, when due,
<br />and otherwise pertorms all the obligatlons imposed upon Trustor under this Deed of Trust, Lender shall ex�te and
<br />deliver to Truste.e a reque.st for full reoonveyance and shall execute and deliver to Trvstor suitable statemerrts of
<br />termination of any financ�ng statemerit on flle evidendng Lender's security fnterest in the Rerrts and the Persornal
<br />Properly. Any reoonveyan� fee required by law shall be paid by Trustor, ff 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 />�PP��
<br />Payment 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 manner provided in this Deed of Trust or in any agreement related to this Deed of Trust.
<br />Compliance Dsfault Failure to comply with any other term, obligation, covenant or condition contained in th(s
<br />Deed of Trust, the Note or in any of the Related Documents.
<br />Default on Other Payments. Failure of Trustor within the time requ(red by this Deed of Trust to make any payment
<br />for taxes or insurance, or any other payment necessary to prevent flling 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 Collaterallzatlon. This Deed of Trust or any of the Related Documents ceases to be in full force and
<br />effect (inciuding failure of any collateral document to create a valid and perfected security interest or lien) 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 />Trustor's property, any assignment for the beneflt 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 Property or any ot�er of
<br />Trustor's property fn which Lender has a Ilen. This includes taking of, gam(shing of or levying on Trustor's
<br />accounts with Lender. However, if Trustor disputes in good fafth 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 Trustor under the terms of any other agreement between Trustor and
<br />Lender that is not remed(ed within any gra� period provided therein, including without Iimitation 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 prec�ding events occurs with respect to any guarantor, endorser, surety,
<br />or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodatlon party
<br />dies or becomes incompetent, or revokes or disputes the validity of, or Ifability under, any Guaranty of the
<br />indebtedness.
<br />Insacurity. Lender in good faith believes itself insecure.
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