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�,` °:; r� DEED OF TRUST 2 012 0 3�� 3
<br />(Continued)
<br />Page 4
<br />security agreement are a part of this Deed of Trust:
<br />Security Agreemerrt. 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 ftom time to time.
<br />Securhy Interest. Upon request by Lender, Trustor shall take whatever actlon 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 end without further authorization from Trustor, flle
<br />executed counterparts, copies or reproductions of thls Deed of Trust as e flnancing statement. Trustor shall
<br />reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Trustor
<br />shall not remove, sever or detach the Personal Properry from the Properry. Upon default, Trustor shall assemble
<br />any Personal Proparty not affixed to the Properry in a manner and at a plece reasonably convenient to Trustor and
<br />Lander and make it available to Lender within three (3) days after recaipt of written demand from Lender to the
<br />extent permitted by applicable law.
<br />Addresses. The mailing addresses of Trustor fdebtor) and Lender (secured party► from which informetion
<br />concerning 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-IIV-FACT. The following provisions releting to further assurances and
<br />ettorney-in-fact are a part of this Deed of Trust:
<br />Further Assurances. At eny time, and from time to time, upon request of Lender, Trustor will make, execute and
<br />deliver, or will cause to be mede, executed or delivered, to Lender or to Lender's designee, end when requested by
<br />Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times end in such offices
<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, end
<br />other documents es may, in the sole opinion of Lender, be necessary or desirable in order to effectuete, complete,
<br />pertect, continue, or preserve 11) Trustor's obligations under the Note, this Deed of Trust, end 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 />Properry, whether now owned or hereafter acquired by Trustor. Unless prohibited by law or tender agrees to the
<br />contrary in writing, Trustor shall relmburse Lender tor ell costs and expenses incurred in connection with the
<br />matters referred to in 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
<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 ell
<br />other things es may be necessary or desirable, in Lender's sole opinion, to eccomplish the matters referred to in
<br />the preceding paragreph.
<br />FULL PERFORMANCE. If Trustor pays all the Indebtedness, includirtg without limitation al! future advances, when due,
<br />and otherwise performs 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 end deliver to Trustor suiteble statements of
<br />termination of any financing statement on file evidencing Lertder'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 epplicable law.
<br />EVENTS OF DEFAULT. Each of the following, at Lender's option, shell constitute an Event of Default under this Deed
<br />of Trust:
<br />Payment Default. Trustor fails to make any payment when due under the Indebtedness.
<br />Other Defaults. Trustor fails to comply with or to perform any other term, o6ligation, covenant or condition
<br />contained in this Deed of Trust or In any of the Related Documents or to comply with or to perform any term,
<br />obligation, covenant or condition contained in any other agreement 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 Paymerrts. Failure of Trustor within the time required by this Deed of Trust to make any paymant
<br />for Yaxes or insurance, or any other peyment 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, extension 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 Grantor`s property or Grantor's ability to repay the Indebtedness or Grantor's abillty to perform
<br />Grentor's obligations under this Deed of Trust or any of 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 felse or misleading in any materiel respect,
<br />either now or at the time made or furnished or becomea false or misleading at any time thereafter.
<br />Defective Colleteratization. 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 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 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 />Creditor or Forteiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judiciel
<br />proceeding, self-help, repossession or any other method, by eny creditor of Trustar or by any governmanial agency
<br />agai�st any property securing the Indebtedness. This includes a garnishment of any of Trustor's eccounts,
<br />including deposit accounts, with Lender. However, this Event of Default shall not apply if there is e good faith
<br />dispute by Trustor as to the validity or reasonableness of the cleim whfch is the basis ot 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
<br />sole discretion, as being an adequate reserve or bortd for the dispute.
<br />Breach of Other Agreement. Any breach by Trustor under the terms of any other egreement between Trustor and
<br />Lender that is not remedied within any grace period provided therein, including without limitatlon eny agreement
<br />concerning any indebtedness or other obiigation of Trustor to Lender, whether existing now or later.
<br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety,
<br />or accommodation party ot any ot the Indebtedness or any guarantor, endorser, surety, or accommodation party
<br />dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the
<br />Indebtedness.
<br />Adverse Change. A material adverse change occurs in Trustor's financial condition, or Lende� bellaves the
<br />prospact of payment or pertormance of the Indebtedness is impaired.
<br />Insecurity. Lender in good faith believes itself insecure.
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