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201206066
<br /> DEED OF TRUST
<br /> Loan No: 81000950 (Contlnued) Page 4
<br /> of Deed of Trust, {3) a tax on this type ofi Deed of Trust chargeable against the Lender or the holder of the Note;
<br /> and (4) a specific tax 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 appties is enacted subsequent to the date of this Deed of
<br /> Trust, this event shali have the same efifect as an EvenY 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 a�bove in the Taxes and Liens section and deposits with
<br /> Lender cash or a sufficient corporate surety bond or other security satisfactory to Lend�er.
<br /> SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a
<br /> security agreement are a part of tnis Deed of Trust:
<br /> Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the P�operty
<br /> constitutes fixtures, and Lender shail have all of the rights of a secured party undeY Yhe Uniform Commercial Code
<br /> as ame�nded from time to time.
<br /> Security Interest_ Upon request by Lender, Trustor shaii 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 /> reimb�urse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Trustor
<br /> shall not remove, sever or detach the Personal Property from the Property. Upon default, Trustor shall assemble
<br /> any Personal Property not afifixed to the Property in a manner and at a place reasonably convenieni to Trustor and
<br /> Lender and make it avai�lable 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 ofi Trustor (debtor) and Lender (secured party) from which i�nformation
<br /> concerning the security interest granted by this Deed of Trus't may be obtained (each as required by the Uniform
<br /> Commercial Code) are as stated on the first page ofi 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 tnis Deed of Trust:
<br /> Further Assurences.. 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, cause to be filed., recorded, refiled, or rerecorded, as the case may 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, fiinancing statements, continuation statements, instruments of fiurther assurance, certificates, 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 liens and security interests created by this Deed ofi Trust as first and prior 4iens on the
<br /> Property, whether now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the
<br /> contrary in wriiing, Trustor shall reimburse Lender for all cos'ts and expenses incurred in connection with the
<br /> matters refierred to in this paragraph.
<br /> Attorney-in-Fact. If Trustor fails to do any of the things referred to in the preceding paragraph., Lender may do so
<br /> for a:nd 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 all
<br /> other things as may be necessary or desirable, in Le�der`s sole opinion, to accomplish the matters refierred to in
<br /> the precedi�ng paragraph.
<br /> FULL PERFORMANCE. If Trustor pays ali the Indebtedness, including without limitation all future advances, when due,
<br /> and otherwise perfiorms all the obl.igations imposed upon Trustor under this Deed of Trust, Lender shall execute and
<br /> deliver to Trustee a. request for fuii reconveyance and shall execuie and deliver to Trustor suitable statements of
<br /> - termination of any financing statement on file evidencing Lender's security iMerest in the Rents and the Personal
<br /> Property. Any reconveyance f�e reqvired by law shall be paid by Trustor, if permitted by applicable law_
<br /> EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed
<br /> ofi Trust:
<br /> Payment Default. Trus�tor fiaiis to make any payment when due under the Indebtedness.
<br /> Other Defaults. Trustor fails to comply with or to perform any other term, obligation, covenant or condition
<br /> contained in this Deed of Trust or in any of the Related Do�cuments or to cornply wiih 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 Payments. Failure of Trustor within.the time required by this Deed of Trust to make any payment
<br /> for taxes or insurance, or any otner payment necessary to prevent filing of or to effect discharge of any lien.
<br /> Default in Favor ofi Third Parties. Should Grantor default under any loan, extension of credit, security agreement,
<br /> purchase or sales agreement., or any otner a�greem.ent, in favor of any other creditor or person that may materially
<br /> afi#ect any of Grantor's property or Grantor's abifity to re�pay the indebtedness or Grantor's ability to perform
<br /> Grantor's obligations under Yhis Deed of Trust or any of the Related DocumeMs.
<br /> False Statements. Any warranty, representation or statement made or furnished to Lender by Trustor or on
<br /> Trustor's behalf under tnis Deed ofi Trust or the Related Documents is fialse or misleading in any material respect,
<br /> either now or at the time made or furnished or becomes fialse or misleading at any time thereafter.
<br /> Defective Cotlateralization. This Deed of Trust o� any of the Related Documents ceases 2o be in full force and
<br /> effect (inctuding 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 proceedi:ng under any banlvuptcy or insolve�ncy laws by or against Trusto�.
<br /> Creditor or Forfeiture Proceedings. Commencement of fo.reclosure or forfieiture proceedings, whether by judicial
<br /> proceeding, self-help, repossession or any other method, by any creditor of Trustor or by any govemmental agency
<br /> against any property securing 'the tndebtedness. This includes a garnishment of any of Trustor's accounis,
<br /> includ'rng deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith
<br /> dispute by Trustor as to the validity or reasonableness of the claim whi.ch is the basis of the creditor o�forfeiture
<br /> proceeding and if Trustor gives Lender wriiten notice of the creditor or forfeiture proceeding and deposits wifh
<br /> Lender monies or a surety bond fior the creditor or forfeiture proceeding, in an amount determined by Lender, in its
<br /> sole discretion, as being an adequate reserve o.r bond for the dispute.
<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 limiYation any agreement
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