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`. , �' ��� DEED OF TRUST � p 12 U 4 3 7 7
<br />Loan No: r 135573 (Continued) Page 4
<br />incurred by Trustee or Lender in connection with the condemnation.
<br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provlsions relating
<br />to governmental taxes, fees and charges are a part of this Deed of Trust:
<br />Current Taues, Fees and Charges. Upon request by Lender, Trustor shell exacute such documents in addition to
<br />this Deed of Trust and teke whetever other action is requested by Lender to perfect and continue Lender's lien on
<br />the Real Property. Trustor shall reimburse Lender for ell taxes, as described below, together with all expenses
<br />incurred in recording, perfecting or continuing this Deed of Trust, including without limitetion all taxes, fees,
<br />documentary stamps, and other charges for recording or registering this Deed of Trust.
<br />Taxes. Tha 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 ell or any portion of the Indebtedness or on peyments of principal and interest
<br />made by Borrower.
<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 seme effect as an Event of Default, and Lender may exercise eny or ell of its
<br />available remedies for an Event of Default as provided below unlass Trustor either (1) pays the tax before lt
<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 corporete surety bond or other security satisfactory to Lender.
<br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust es a
<br />security agreament 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, end Lender shell have ell of the rights of a secured party under the Uniform Commercial Code
<br />as amended from 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 />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 Proparty from the Property. Upon default, Trustor shall assemble
<br />any Personal Property not affixed to the Property in a manner and at a place reasonebly convenient to Trustor and
<br />Lender and make it aveileble 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 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 />attorney-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, ceuse to be filed, recorded, refiled, or rerecorded, as the case mey be, at such times and 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, contlnuation statements, instruments of further assurance, certificates, end
<br />other documents as may, in tha sole opinion of Lendar, be necessary or desirable in order to effectuate, complete,
<br />perfect, continue, or preserve (1) 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 es first end 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 shell reimburse Lender for all costs and expenses incurred in connection
<br />with the matters referred to in this paragraph.
<br />Attorney-in-Fact. If Trustor fails to do any of tha 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 irrevocebly appoints
<br />Lender as Trustor's attorney-in-fact for the purpose of making, executing, delivering, filing, recording, end doing all
<br />other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the metters referred 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 Trustor under this Deed of Trust,
<br />Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to Trustor
<br />suitable 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 epplicable
<br />lew.
<br />EVENTS OF DEFAULT. Each of the following, et Lender's option, shall constitute an Event of Default under this Deed
<br />of Trust:
<br />Payment Default. Borrower fails to make any payment when due under the Indebtedness.
<br />Other Defaults. Borrower or Trustor fails to comply with or to perform any other term, obligetion, covenant or
<br />condition contained in this Deed of Trust or in any of the Releted Documents or to comply with or to perform any
<br />term, obligation, covenent or condition contained in eny other agreement between Lender and Borrower or Trustor.
<br />Compliance Default. Failure to comply with eny 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 Payments. Failure of Trustor within the time required by this Deed of Trust to make eny 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 warrenty, representation or statement made or furnished to Lender 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 respect, either now or at the time made or furnished or becomes false or misleading at any time
<br />thereafter.
<br />Defective Collaterelization. This Deed of Trust or any of the Related Documents ceases to be in full force and
<br />effect (including failure of any colleterel document to create e valid and perfected security interest or lien) et any
<br />time and for any reason.
<br />Insolvency. The dissolution or termination of Borrower's or Trustor's existence as a going business, the insolvency
<br />of Borrower or Trustor, the appointment of a receiver for any part of Borrower's or Trustor's property, any
<br />assignment for the benefit of creditors, eny type of creditor workout, or the commencement of any proceeding
<br />under any bankruptcy or insolvency laws by or against Borrower or Trustor.
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