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2012U406�
<br />DEED OF TRUST
<br />Loan No: 1109364-3 (Co11t111ued) Page 4
<br />Trustor which Trustor is authorized or required to deduct from payments on the Indebtedness secured by this rype
<br />of Deed of Trust; (3) a tax on thfs type of Deed of Trust chargeable against the Lender or the hotder of the Note;
<br />and (4) a speciflc tau 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 its
<br />available remedies for an Event of Default as provided below unless Trustor efther (1) pays the tax before it
<br />becomes delinquent, or (2) contests the tax as provided 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; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a
<br />security agreement are a part of this Deed of Trust:
<br />SecuMty Agreement This instrument shalt constitute a Security Agreement to the extent any of the Property
<br />constitutes flxtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code
<br />as amended from Ume to time.
<br />Securfty Interest Upon request by Lender, Trustor shall take� whatever action is requested by Lender to pertect
<br />and continue Lender's securiry interest in the Personal Property. In additfon 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 flnancing statement Trustor shall reimburse
<br />Lender for all expenses incuned in perfecting or conUnuing 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 affixed 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 w�itten 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 informatlon
<br />conceming the security interest granted by this Deed of Trust may be obtained (each as required by the Unfform
<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 Ume, 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 (n such offices
<br />and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security
<br />agreements, flnancing statements, contlnuatlon statements, instruments of further assurance, c�rtlficates, and
<br />other documents as may, in the sole opinion of Lender, be necessary or desirable fn order to effectuate, complete,
<br />perfect, continue, or preserve (1) Trustor's obligations under the Note, this D�d 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 acqufred 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 in this
<br />paragraph.
<br />Attomey-in-Fact If Trustor fails to do any of the things refeRed 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, executlng, delivering, filing, recording, and doing all
<br />other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in
<br />the preceding paragraph.
<br />FULL PERFORMANCE. If Trustor pays all the Indebtedness, Including without limitation all 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 and deliver to Trustor suftable 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. At Lender's option, Trustor wfll be in default under this Deed of Trust if any of the following
<br />happen:
<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 fa(Is to pertorm promptly at the Ume 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 conditlon contained in this
<br />Deed of Trust, the Note or in any of the Related Documents.
<br />Default on Othor 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 />False Statements. Any representatlon 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 tlme made or furnished.
<br />Defective CollateralizaUon. 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 appofntment 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 other of
<br />Trustor's properly 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 fn good faith whether the claim on which the taking of the
<br />Property is based is valid or reasonable, and if Trustor gives Lender wrf�ten notice of the claim and fumishes
<br />Lender with monies or a surety bond satlsfactory 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 remedied within any grace period provided therein, including without limitatlon any agreement
<br />conc�ming any indebtedness or other obligatlon of Trustor to Lender, whether existfng now or later.
<br />Events Affecting Guarantor. My of the preceding events occurs with respect to any guarantor, endorser, surety,
<br />or accommodation party of any of 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.
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