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201206458
<br /> DEED OF TRUST
<br /> Loan No: 81000991 (COntinued) Page 4
<br /> incurred by Trustee or Lender in connection with the condemnation.
<br /> IMPOSITION OF TAXES,FEES AND CHARGES BY GOVERNMENTAL AUTHORITfES. The following provisions relating
<br /> to governmentaltazes,fees and charges are a part of this�eed of Trust:
<br /> Current Taxes,Fees and Charges. Upon request by Lender,Trustor shall execute such documents in addition to
<br /> this Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lender's lien on
<br /> the Real Property. Trustor shall reimburse Lender for all taxes, as described below,together with all expenses
<br /> incurred in recording, perfecting or continuing this Deed of Trust, including without limitation all taxes, fees,
<br /> documentary stamps,and other charges for recording or registering this Deed of Trust.
<br /> Taxes. The 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 Trusi; (2) a specific tax on
<br /> Borrower which Borrower is authorized or required to deduct from paymenis on the IndebYedness secured by this
<br /> type of Deed of Trust; �3) a tax on this type of Deed of Trust chargeable agai�st the Lender or the holder of the
<br /> Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of p�incipal and interest
<br /> made by Borrower. �
<br /> Sutisequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of
<br /> Trust, this event shaff 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 8s provided below unless Trustor either (1] pays the tax before it
<br /> hecomes delinquent,or (2) contests the tax as provided above in the Taxes and Liens section and deposits with
<br /> Lender cash or a sufficieM corporate surety bond or other security satisfacYory to Lender.
<br /> SECURITY AGREEMENT: FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a
<br /> security agreement are a part of this Deed of Trust
<br /> Security Agreement. This instrument shall constitute a Security Agreement to the eutent any of the Property �
<br /> constitutes fixtures,and Lender shell have all 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 Le�der,Trustor shall take whatever action is eequested by Lender to perfect
<br /> and continue Lender's security interest in the Rents and Personal Property. In addition to recording thi5 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 ofi this Deed of Trust as a financing statement. Trustor shall
<br /> reimburse Lender for all expenses incurred in perfecting or continuing this securiry 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 affixed to the Property in a manne�and at a place reasonably convenient to Trustor and
<br /> Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the
<br /> extent permitted by appficable law.
<br /> Addresses. The mailing addresses of Trustor {debtnr) and Lender (secured party) from which information
<br /> concerning The security interest granted by this Deed of Trust may be otitained (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 Assurences. At any time,antl from time Yo time;upon request of Lender,Trustor will make,execate 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,Yefiled,or rerecortled,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, financing statements, continuation statements, instruments of further 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) Borrower's and TrustoPs obligations under the Note,this Deed of Trust,and
<br /> ihe Related Documents,a�d (2) the liens and security interests created by this Deed of Trust as first and 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 shall 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 the 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 irrevocably appoints
<br /> Lender as Trustor's attomey-in-fact for the purpose of making,executing,delivering,filing,recording,and doing all
<br /> othe�things as may be necessary or desirable,in Lender's sole opinion,to accomplish the matters teferred to in
<br /> the preceding paragraph.
<br /> FULL PERFORMANCE. If Borrower and Trustor pay all the Inde6tedness, including without limitation all fut�re
<br /> advances,when due,and Trustor otherwise performs all the obligations imposed upon Trustor under this Deed of Trust,
<br /> Lentler shall execute and deliver to Trustee a request for fulf reconveyance and shall execute and deliver to Trustor
<br /> suita6le statements of termination of any financing statement on file evidencing Lender's security interest irt the Rents
<br /> and the Personal Property. Any reconveyance fee required by faw shall be paitl by Trustor, if permitted by applicable
<br /> law.
<br /> EVENTS OF DEFAULT. Each of the following,at 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 compiy with or to perform any other term,obligation, covenant or
<br /> condition contained in this Deed of Trust or in any of the Related Documents or to comply with or to perform any
<br /> term,obligation,covenant o�condition co�ntained in any other agreement tietween Lender and Borrower or Trustor.
<br /> Compliance Default. Failure to comply with any othe�term, obligation, covenant or condition contained in this
<br /> Deed of Trust,the Note ot in any of the Related Documents.
<br /> Default on Ofher Payments. Failure of Trustor within the time required by this Deed of Trust to make any payment
<br /> for t�es or insurance,or any other payment necessary to prevent filing of or to effecY discharge of any lien.
<br /> Default in Favor of Third Parties. Should Borrower or any Grantor defaulf under any loan, e�ctension of credit,
<br /> security agreement,purchase or sales agreement,or any other agreement,in favor of any other creditor or person
<br /> that may materially affect any of Borrower's or any Grantor's property or Borrower's ability to repay the
<br /> Indebtedness or Borrower's or Grentor's ability to perform their respective obligations under this Deed of Trust or
<br /> any of the Related Documents.
<br /> False Statements. Any warrenty,representation or statement made or fumished to Le�der by Borrower or Trustor
<br /> or on Borrower's or Trustor's behalf under this Deed of Trust or the Refated 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 Collateraiization. This Deed of Trust or any of the Related DocumeMs ceases to be in full force and
<br /> effect(including failure of any collateral document m c�eate a valitl and per#ected security interest or lien}at any
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