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�� °' DEED OF TRUST 2 O 1`� � 4 91 Q
<br />Loan No: 11093573 (C011t111U�d) Page 4
<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 either (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; FlNANCING STATEMENTS. The following provis(ons relating to this D�d of Trust as a
<br />security agreement are a part of this D�d of Trust
<br />Securriy Agreement This instrument shall consUtute a Security Agreement to the extent any of the Properly
<br />constitutes fixtures, and Lender shall have all of the �ights of a secured party under the Unfform 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 Personal Property. In addition to recording this D�d of Trust in the
<br />real property records, Lender may, at any Ume and without further authorization from Trustor, file executed
<br />counterparts, copies or reproductions of this Deed of Trust as a financing statement Trustor shall reimburse
<br />Lender for all expanses incurred in pertecttng or contlnuing 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 Properly in a manner and at a place reasonably convenient to Trustor and
<br />Lender and make it availabte to Lender withtn 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 informatlon
<br />conceming the securiiy 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 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 />delNer, 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 flled, rec�rded, reftled, or rerecorded, as the case may be, at such Umes and in such offtces
<br />and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security
<br />agreements, flnancing statements, conUnuation statements, instruments of further assurance, certiflcates, 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 obligations under the Note, this Deed of Trust, and the Related
<br />Documents, and (2) the Ifens and security interests created by this Deed of Trust as flrst and prior liens on the
<br />Property, whether now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the
<br />contrary in writing, Trustor shall reimburse Lender for all costs and expenses incurred in connecUon wlth 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 TrustoPs expense. For such purposes, Trustor hereby irrevocably appoints
<br />Lender as TrustoPs attomey-in-fact for the purpose of making, executing, delivering, flling, 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 obligaUons 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 suitable statements of
<br />terminatlon of any financing statement on flle evidencing Lender's security interest in the Rents and the Personal
<br />Property. Any reconveyance fee required by law shall be paid by Trustor, ff permitted by appliqble law.
<br />EVENTS OF DEFAULT. At Lender's opUon, Trustor will 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 fails to pertorm promptly at the time and
<br />stricUy in the manner provided in this Deed of Trust or in any agreement related to this Deed of Trust
<br />Compliance Default Fallure to comply with any other term, obligatlon, covenant or condition contained in this
<br />Deed of Trust, the Note or in any of the Related Documents.
<br />Dafault on Other 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 dfscharge of any lien.
<br />False Statements. Any representation or statement made or fum(shed to Lender by Trustor or on Trustor's behalf
<br />under this Deed of Trust or the Related Documents is false or misleading fn any material respect, either now or at
<br />the time made or furnished.
<br />Defective CollaterallzaUon. 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 Ifen) at any
<br />tlme and for any reason.
<br />Death or Insolvency. The death of Trustor, the insolvency of Trustor, the appointment of a receNer 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 insoNency 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 />Trustor's properly in which Lender has a lien. This includes taking of, gamishing of or levying on TrustoPs
<br />accounts with Lender. However, if Trustor disputes in good faith 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 ciaim and fumishes
<br />Lender with monies or a surety bond saUsfactory 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 limitation any agreement
<br />conceming any indebtedness or other obligation of Trustor to Lender, whether existlng now or later.
<br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety,
<br />or accommodation parly of any of the Indebtedness or any guarantor, endorser, surety, or accommadation party
<br />dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the
<br />Indebtedness.
<br />Insecurtty. Lender in good fafth believes ftself insecure.
<br />F�cisUng Indebtsdness. The payment of any installment of pr(ncipal or any interest on the Existing Indebtedness is
<br />not made within the time required by the promissory note evidencing such indebtedness, or a default occurs under
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