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� <br />DEED OF TRUST 2 012 0 5 9 21 <br />{Con#inuedf page 4 <br />Truator. <br />Subsequer�t 7axes. If any tex to whiuh this seoUon applies is enaoted subsequent to the date of this Deed of <br />Truet, thl� event shall have the s�me effect as an Event oi Dsfault, end Lender may exerciae any or atl of Its <br />adailable remedies for an Event of Defautt as provided below unleas Trustor either t1 y pays the tax before h <br />becomes delinquent, or (2� contests the tex as provided �lmve in the Taxes and Ltens section and deposits with <br />La�der cash or a sufflclanS corporato aurety bond or other securlty satlafactory to Lender. � <br />SECURITY A(3REE{MENT; FtIVANCtN� STA7EMEN73. The following provisfons releting to this Desd of Trust es s <br />securfry agresment are e pen of this Deed of 7rust: <br />Seaurtty Agreemerrt. This instrument shall constitute a Security Agreerrient to the extent any of the Property <br />constitutea �ixturQa, and l.ender ahall have ell of the rights of a secured party under the Uniform Commercial Code <br />es emer►ded f►om time to tima. <br />Secur(ty IrKerest. Upon request by Lender, Trustor shall take whetever actlon le requested by Lender to pe►fect <br />and continue Lender's security interest in the Rents and Personal Property. In addition to reoording this Deed of <br />Trust in the real proparty records, Lender may, at eny tlme end whhout further authorizetion trom Truetor, file <br />exeouted counterparts, coples or reproduotions of this Deed of Trust as a flnancing statement. Truetor shell <br />relmburse Lender for ail expenses incurred {n perfecting or corninuEng thia security tnterest. Upon default, Trustor <br />shall not remove, sever or detech the Personal Property from the Property. Upan default, Trustor shall assemble <br />any Personal Properry not efflxed to the Property in e menne� and at a place reasonebly convenient to Trustor and <br />Lender end meke tt available to tender wkhin three 131 days aiter raceipt of written demand from Lender to the <br />extent permitted by appficable law. � <br />Address�. The melling eddresses of Trustor tdebtor) and Lendar isecured partyl from 'whiah information <br />conceming the aecurity intarast granted by this Deed of Truat may be obtained (eaah as requEred by the Uniform <br />Commeroial Code) ere as statad on the fi�et page of thia Deed of Trust. <br />FURTHER ASSURAIVCES; 6,TTORNEY-IN-FAGT. The following provisfona relatfng to turther assuranc� and <br />attorney-fn-fact are a part of thia Deed of Trusf: <br />Furd�er Assurances. At any, time, end from time to time, upon request of Lender, Trustor will make, execute end <br />deliver, or wlll cauee to be made, executed or deliqered, to Le�er or to Lender's d�ignee, end when requested by <br />Lander, oause to ba flled, reoorded, refiled, or rerecorded, as the casa may be, at such timea and in auch offiCes, <br />and places as Lender may deem approprfate, any and ap euch mortgages, deeds of truat, securfty deeds, security <br />agreemeMe, ftnancing etatements, continuation statemerits, Instruments of further asaurance, cartificates, and <br />other documents as may, in the aole opinion of Lender, be rrecesaery or desirable in order to effectuate, complete, <br />perfect, continue, or preserve (1� Trustor's obligetions under the Note, this Deed of Trust, end the Releted <br />Documents, and !2) the liens end aecnrity irneresta craetad by this Deed of Trust es flrst and prtor Itens on the <br />Property, whether now owned or hereafter aoquired by Trustor. Unless prohibited by law or Lendar agreea to the <br />contrery in wrlting, Trustor ehall reimkwrse Lender for all oosis and expensas incurred in connection with the <br />matters referred.to in this peragraph. , <br />Attomay-in-Faot. If Trustor tails to do any of the thinge referred to in tha preoeding paragraph, 6ender may do so <br />for end fn the name of Trustor and at Trustor's expanae. For auch purposes, Trustor hereby irrevocably eppolnta <br />L�nder as Truetor's attorney-In-fact for the purpose of making, executing, delivering, til(ng, reoording, end doing all <br />other thinga as mey ba necesaery or desirable, in Lender's sole opfnion, to eccomplish the matters referred.to in <br />the preceding paregraph. � <br />FULL. PERFORMANCE. If Trustor pays all the lndebtedness, inciuding without Ilmitation ell future advences, when due, <br />end otherwiae performs alf the obligations imposed upon Trustor under this Deed of 7n�t, Lender ahall execute artd <br />dellver to Trustee a request for full reconveyence and shal( execute and delive� to Truator suitable statements of <br />tarminatlon of any financfng statement on file evldencing Lender's security interest in tha Renta end the Personal <br />Property. Any reconveyance fee requirad by law shel! be paid by Trustor, it permitted by epplicable law. <br />EVENTS OF DEFAUl.T. Each of the following, at Lender's option, shali co�thute en Everrt of Defeult under this Deed <br />of Trust: <br />Paymert Detault. Trustor fa11s to meke any payment when due under the Indebtedness. <br />Other Qefaults. Trustor tails to comply wlth or to perfom► eny other term, obligeUon, covenant or condition <br />cvntained in this Deed of Trust or !n any of the Related Documet►ta or to compty with or to perform any term, <br />obligation, covenant or conditfon corrtalned in eny other agreement between Lender and Trustor. <br />Comp�a�e Deiauft. Fapure to comply wfth any other tertn, obqgetion, covenant or conditfon contained ln ihia <br />Deed of Truet, the Note or in any of the Ralated Documerna. <br />Defauk on Other PaymerKa. Failure of Truator wlthin the time required by.this Deed of Truat to meke any payment <br />for taxes or inaurance, or any other paymeM necessary to prevent filing of or to effect discharge of any lien. <br />Defeult In Favor of Tbird Parti�. Shoutd Grentor default under eny loan, extenaEon of credit, aecurity agrsement, <br />purchase ar salea agreemsnt, or any other agreemeni, In favor of any other credkor or person that mey materially <br />affeat any of Grantor's property or Orentor's ability to repay the Indebtedtiess or Grantor's abflity ta perform <br />t3rentor's obligations under this Qeed ot T�ust or eny of the Related Documents. <br />False Statemems. Any warranty, representat(on or statement made or furnished to Lender by Trustor or on <br />Trustor's behelf under this Deed of Trust or the Relst�d Documerrts is false or misleading In any meterial respect, <br />elther now or at the time made or fumished or beoomes false or misleading at any time thereafter. <br />Defecdve Collateralization. 7h1a peed of Truet or arry of the Releted Documents ceases to be In full force and <br />effact (tncluding fallure of any coilaterai document to weate a valid and perfected �curity interest or Iien) at eny <br />tfine and for any reason. <br />Death or Inaolvenoy. The dissolution of Trustor's {regardless of whether election to continue is madel any <br />member withdraws from the limited liability comparry, or any other terminatlon of Trustor's existence as a going <br />businese or tha death of any member, the insoivency of 7rustor, tha appointment of a receiver for arry part of <br />Truator's property, any assignmerat for tha benefft of areditors, any type of creditor workout, . or: <br />commencement of any proceeding under eny benkruptcy or insolvency laws by or agatnst Trustor. <br />Creditor or Forfeihrce Proceedings. Commencement of foreclosure or forfetriue proceedings, whether by judicial <br />proaeeding, self-help, repossession or any othar method, by any creditor ot Trt�tor or by eny governmental egency <br />egefnst eny property seouring the Indebtedneas. This includ�s a gerniehment of any of Trustor's eccounte, <br />inoluding daposit accouMa,. with Lender. Mowever, this Event of, Dafault shell not apply if there is a good fehh <br />diaputa by Trusior as to the validity .or reseonablaness af the Claim wrhiCh is the basls of the creditor or forfeiture <br />proceedinp ertd if Truator gives Lender wrftten noUce of the credttor or fortelture proaesding and depoaita with <br />Lender monfes or a surety bond for the creditor or forfelture procesding, in an amount determined by Lender, in its <br />sole discretion, as beine art adequate `reserve or bond for the dispute. <br />Breach. of Other Agreement. Any breaoh by Truetor under the terme of any other agreemeM betwasn Trustor end <br />Lender that ie not remedied wfthfn any g►ece period provided therein, incfuding without Ifmitatfon any agreement <br />