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201206526
<br /> DEED OF TRUST
<br /> Loan No: 70003471 (Contlnleed) Page 4
<br /> availa�ble 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� FINANCWG STATEMENTS. The fiollowing provisions relating to this Deed of Ttust as a
<br /> security agreement are a part ofi this Deed of Trustr
<br /> Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property
<br /> constitutes fiixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code
<br /> as amended from time to time.
<br /> Security Inteeest. 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 addjtion to recording this Deed of Trust in the
<br /> real property records, Lender may, at any time and witnout further authorizaiion 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 expenses incurred in perfecting or continuing this security interest. Upon default, Trustor shall not
<br /> remove, sever or detach the Personal Property from ihe Property. Upon defauk, Trustor shall assemble any �
<br /> Personal Property not affixed to the Property in a manner 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 applicable law.
<br /> Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from whieh information
<br /> conceming the security interest granted by this Deed of Trust may be obtained (each as required by the Uniform
<br /> Commerciaf Code) are as stated on the first page of this Deed of Trust.
<br /> FURTHER ASSURANCES; ATTORN�EY-IN-FACT. The following provisio�s relating io further assurances and
<br /> attorney-in-fact are a part of tnis Deed ofi Trust:
<br /> Further Assurances. At any time, and from Yime to time, upon request of Lender, Trustor will make, execute and
<br /> deliver, or will cause to 6e made,executed or delive�ed,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, financing statements, continuation statements, instruments of further assurance, certificates, and
<br /> other documents as m�ay, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete,
<br /> perfiect, continue, or preserve (1) Trustor's obligaiions 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 on the Property, whether now
<br /> owned or hereafter acquired 6y Trustor. Unless prohibited by law or Lender agrees to the contrary in writing,
<br /> Trustor sha:ll reirmburse Lender for all costs and expenses incurred in connection with the matters referred to in�this
<br /> paragraph.
<br /> Attorney-in-Fact. Ifi 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 Trusior's expense. For such purposes, Trustor hereby irrevocably appoints
<br /> Lender as TPustor's attomey-in-fact for the purpose of making, executing, delivering, filing,recording, and doing all
<br /> otner things as may 6e necessary or desi.rable, in Lender's sole opinion, to accomplisn tne matters referred to in
<br /> the preceding paragraph.
<br /> FULL PERFORMANCE. If Trustor pays all the Indebtedness when due, and otherwise performs all the obligations
<br /> imposed upon Trustor under Yhis Deed of Trust, Lender shall execute and deliver to Trustee a request for full
<br /> reconveyance and shall execute and deliver to Trusior suitable statements of terminaiion of any financing statement on
<br /> file evidencing Lender's security interest in fhe Rents and the Personal Property. Any reconveyance fee required by law
<br /> snall be pa�id by Trustor,if permitted by applicable law.
<br /> EVENTS OF DEFAULT, At Lender's option, 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 p.romise made to Lender or fails to perForm promptly at the time and
<br /> strictly in the manner provided in this Deed of Trust or�in any agreement related to this Deed of Trust.
<br /> Compliance Default. Failure to comply witn any other term, obligation, covenant or condition contained in this
<br /> Deed o#Trust,the Note or in any of the Related Documents. ,
<br /> � DefaulY on Other Payments. Failure of Trustor within the time required by ihis Deed of Trust to make any payment
<br /> for taxes or insurance, or any other payment necessary to prevent fiting of or to effect discharge of any lien.
<br /> Default 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 maierially
<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 /> False Statements. Any representation or statement made or furnished to Lender by Trusto�or on Trustor's behalf
<br /> under this Deed of Trust or the Related Documents is false or misleading in any material respect, either now or ai
<br /> the time m�ade or furnished.
<br /> Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and
<br /> effect (includ.ing failure of any collateral document to create a valid and pe�fected security interest or lien) at any
<br /> time and for any reason.
<br /> Death or Insolvency. The death of Trustor,tne 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 proceeding under any bankrupLcy or�insolve:ncy laws by or against Trustor.
<br /> Taking of the Property. Any c:reditor or governmentai agency�tries to take any ofi the Prope:rty or any other of
<br /> Trustor's property in which Lender has a fien. This includes taking of, garnishing of or levying on Trustor's
<br /> accounts with Lender. However, ifi Trustor d�isputes 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 claim and furnishes
<br /> Lender with monies or a surety bond satisfacYory to Lender to satisfy the claim, then this default provision will not
<br /> apply.
<br /> Breach of Other Agreemen4_ 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 Iimitatio-n any agreement
<br /> concerning any indebtedness or other obligation of Trustor to Lender,whether existing now or later.
<br /> Events Affecting Guarentor. Any of Yhe preceding events occurs with respect to any guaranYor, endorser, surety,
<br /> or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accornmodation party
<br /> dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the
<br /> Indebtedness.
<br /> Insecurity. Lender in good faith believes itself insecure. �
<br /> Existing Indebtedness. The payment of any installment of principal or any interest on the Existing Indebtedness is
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