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201206366
<br /> DEED OF TRUST
<br /> Loan No: 8100'1024 (Continued) Page 4
<br /> of Deed of Trust; (3) a tax on this type of 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 theJndebtedness or on payments ofi 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 al1 of its
<br /> available remedies For an Event o# Default as provided below unless Trustor either (1) pays ihe tax before it
<br /> becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens secti�.on and deposits with
<br /> Lender casn or a suffi�cient corporate surety bond or other security satisfactory to Le��nder.
<br /> SECURITY AGREEMENT, FINANCING STATEMENTS_ The following provisions relating to this Deed of Trust as a
<br /> security ag�reement 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 fi�ctures, and Lender shall have all of the rignts of a secuted party under the Uniform Commercial Code
<br /> as amended from time to time.
<br /> Security Interest.. Upon request by Lender, Trustor shall iake 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, fiile
<br /> executed counterparts, copies ot 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 Property from the Properiy. Upon default, Trustor shall assemble
<br /> any Personal Property not affixed to ihe Property in a manner and at a place reasonably convenient to Trustor and
<br /> Lender and m:ake it available to Lender withi�n three (3) days after receipt of written demand from Lender to Yhe
<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 inte�est granted by tnis 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 furttie.r assu�ances and
<br /> attorney-in-fact are a part of this Deed ofi 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, cause to be fiiled, recorded, refiled, or rerecorded, as the case may be, at sucn times and in such offices
<br /> and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security d�eeds, secu�ity
<br /> agreements, financing statements, conti�nuation statements, instruments ofi further assuranee, certificaYes, 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 (9) Trustor's o�biigations under the Note, this Deed of Trust, and the Related
<br /> Documents, and (2) the liens and security interests created by this Deed of Trust as first and p�ior liens on the
<br /> Property, whsther 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 connection with the
<br /> matters refierred to in this paragraph.
<br /> Attorney-in-Fact. Ifi Trustor faits to do any of the things referred to in Yhe 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 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 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 ad�ances, when due,
<br /> and otherwise performs all the obligations imposed upon Trustor under this Deed of Trust, Lander shall execute and
<br /> deliver to Trustee a request for full reconveyance and shall execute and deliver to Trustor suitable statements of
<br /> termination of any financ�ng staternent on file eviden�cing Lender's security interest in the Rents and the Pe:rsonal
<br /> Property. Any reconveyance fiee required 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 ofi Default under this Deed
<br /> of Trust:
<br /> Payment Default_ Trustor fails 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 Documents o� to comply witn 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 witnin the time required by this Deed of Trust to make any payment
<br /> fior taxes or insurance, or any other payment necessary to prevent filing of or to efifect discharge of any lien.
<br /> Defiault in Favor of Third Parties. Should Grantor default under any loan, extension of credit, security agreement,
<br /> purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially
<br /> affect any of Grantor's property or Grantor's ability to repay the Indebtedness or Grantor's ability to perform
<br /> Grantor"s obligations under this Deed of Trust or any of the Related Documents.
<br /> F�Ise Statements. Any warYanty, representation or statement made or fumished to Lender by Trustor or on
<br /> Trustor's behalf under this Deed of Trust or the Related Documents is fialse or misleading in any material respect,
<br /> either now or ai the time made or fiurnished or becomes false or misleading at any time thereafter.
<br /> Defective Collateralization_ This Deed of Trusi or any of the Related Documents ceases to be i.n full force and
<br /> effect (including failure ofi 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 dissolution of Trustor's (regardless of whether election to continue is made), any
<br /> member withdraws from the limited liability company, or any other termination of Trustor's existence as a going
<br /> business or Yhe death of any member, the insolvency of Trustor, the appointment of a receiver for any part of
<br /> TrustoYs property, any assignment for the benefit of creditors, any type of creditor workout, or tl�.e
<br /> commencement of any proceeding under any bankruptcy or insolvency laws by or against Trustor.
<br /> Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial
<br /> proceeding, self-help, repossession or any other method, by any creditor of TruStor or by any governmental agency
<br /> against any property securing the Indebtedness. This includes a garnishment of any of Trustor`s accounts,
<br /> including deposit accounts, with Lender. However, this Event of Defiault shall not apply if tfiere is a good faith
<br /> dispute by Trustor as to the validity or reasonableness of the claim which is the basis of tne creditor or forfeiture
<br /> proceed�ing and if Trustor gives Lender written notice of the creditor or fo�rfeiture proceeding and deposits with
<br /> Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its
<br /> sole disc�e'tion, as being an adequate reserve or bond for the dispute.
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