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201206621
<br /> DEED OF TRUST
<br /> Lnan No: 81000975 (COnt[nU�d) Page 4
<br /> Trustor which Trustor is authorized or required#o deduct from payments on the Indebtedness secured by this type
<br /> pf Deed of Trust; i3) a tax ort this type of Deed of TrusY chargeable againsi the Lender or the holder of the 3Vote;
<br /> and {4} a specific tax on al] or any portion of the Indebtedness or on payments of princlpal and InteresF inade by
<br /> Trustor.
<br /> Subsequent Taxes. 3f any tax to which this section applies is enacted subsequent to the date of this Deed of
<br /> Trust, tNis eveni sha][ have the same effect as an Eveni of Default, and Lender may exercise any or all of its
<br /> available remedies for an Eveni of Default es provicted below unless Trustor either [l1 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 corpprate surety hond or other securlty satisfactory to Lender.
<br /> SECURITY AGREEMENT; F[[1EANCWG STATE1111ENT5. Tne following provisions relating to this deed of Trust as a
<br /> security egreement are a part o#t3iis Deed of Trust:
<br /> Security Agreement. This instrument shall constitute a Security Agreement to Fhe exYent any of the Property
<br /> eonsEitutes #i�ctures, and Lender sha[I have all of the righ#s of a secured parYy under the Uniform Commercial Code
<br /> as amended from Cima to Lime.
<br /> Security Irrterest. Upon request by Lender, Trustor shall take whatever action is requested by Lender to perfect
<br /> and conEinue Lendar's security interesT in the Rents and Personal Property. In addition to recording this deed of
<br /> Trusf in the real proper[y records, Lender may, at any time and without turther authorization #rom Tr�sYor, file
<br /> executed courrCerparCs, copies or reproductions of this Deed of Trust as a financing statement_ Trustor shall
<br /> reim6urse Lender for a13 expenses incurred in perfecting or contfnuing Yhis security interest. Upon default, Trustor
<br /> shall nut rernove, sever or detach the Personal Property from the Property. Upon default, Trustor sha[I assemble
<br /> any Personal Property nnt affixed to the Property in a manner and at a place reasonably convenient io Tr�stor and
<br /> Lender and ma[ce it avai[a6Ee Yo Lender witE�in three (31 days after receipt of writteri demand from Lender #o the
<br /> eMent permitted by applica�le law.
<br /> Addresses. The mailing addresses of Trustor (debYorJ and Lender isecured partyl from whicYz information
<br /> cancerning thP serurity interest granted hy this DEE[I of Trust may be ohtained {each as required by the Unifarm
<br /> Commercial Code1 are as stated on the firsi page of this 6eed of TrusY.
<br /> FURTHER ASSURAfVCES; ATTORNEV-IN-FACT_ The following provisions rclating to fur[hcr assurances and
<br /> attomey-in-fact are a part of this Deed of Trust:
<br /> FurtBer Assurances_ A# any time, and from time to time, upon requcst of Lencler, Trustor will make, execuYe arZd
<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 tn he filed, recorded, refilecf, or rerecorded, as the case may be, at such times and in such o�ffices
<br /> and p[aces as Lender may deem appropriate, any and all s�ch mortgages, deeds of trust, security deeds, security
<br /> agreements, financiny stecemen�s, cuniinuation statements, instruments of further assurance, certificates, and
<br /> other documents as may, in ihe soie opinion of Lender, be necessary or desirab[e in order to effectuaie, complete,
<br /> perfect, continue, or preserve f1) Trusior's obligations under the Note, this Deed of Trust, and tl�e Fiefated
<br /> Docvments, and (2Y the [iens and security in#erests r.re�tYed hy this Deed o-F Trust as Pirst and prior fiens on the
<br /> Property, whether now owned or hereafter acq�ired by Trustor. Unless prohibited by law or Lender agrees to the
<br /> contr2ry in writing, Trustor sf�a]f reimEfurse Lender fnr all cos#s and expenses incurred in connection witFi t[�a
<br /> matters referred to in this paragraph.
<br /> Attorney-in-Fact_ If Trustor fai]s to do any of the tE�ings referred ta in the preceding paragraplt, Lender may do so
<br /> for and in the name of Trustor and ai Trustor's expense. For such purposes, Trustor hereby irrevocably appvints
<br /> Lender as Trustor's attorney-in-fact for the purpose of making, executirtg, delivering, fi[ing, recording, and doing a]l
<br /> other ihings as may be necessary or desirable, in Lender's sole opinivn, to accomplish the matters referred to in
<br /> th�Yrr�cediny parayraph.
<br /> FULL PERFOFtMANCE. !f Trustor pays all ihe Indebtedness, including without limitation a[I future advances, when due,
<br /> and otherwise per#orms a][ tFie ob[igaiions impased upon Trustor under Chis Deed of TrusL, Lertider sF7a[I execuCe ar�d
<br /> deliver to Trustee a request for full reconveyance and shal] exec�ie and deliver to Tre�stor suitable statements of
<br /> termination of any (inancing statemene on file evidencing Lender's security interest in the Rents and the Personal
<br /> Property. Any reeonveyance fee required by lew shall be paid by Trustor, if permitted t?y ap�lir,eble law.
<br /> EVETITS OF DEFAULT. Each uF tFie following, al Lerider's opiion, shaEl coEts�i�ute an Even�of �elau[t ur7d�r ttiis Deed
<br /> of Trust:
<br /> Paymerxt Default_ Trus#or fails to ma[ce any payrr�ent when dele�nder tF�e Indebtedness_
<br /> Other De#aults. Trustor fails m comply with or to perforrr� any other term, obligation, covenant or condition
<br /> COrttairted in this Deed of Trust or in any af the Rplated Documents or to cvmply with or to perfprm any term,
<br /> o5ligation, covenant or condiEion contained in any other agreement between Lender and Trustor.
<br /> Compliance Defau[t. Failure to comply with any other term, obligation, covenant or condition contained in Yhis
<br /> Deed ot`f'rust,the Note or in any of the Relaied Documents.
<br /> �efault on Other Payments. Failure of Trustor within Ehe time required 4y this Qeed of-frust to make any paymenE
<br /> for taxes or insurance,or any otE�er payment necessary to prevent filing ofi or to effect discharge of any lien.
<br /> Default in Fa�or of Third Parties. Should Grantor default under any loan, extension of credit, security agreement,
<br /> purchase or sales agreement, or any other agreemenk, in favor of any otFer creditor ar person thai may materially
<br /> affect any of Grantor's properly or Grantor's ability to repay #he lndebtedness or Grantor's ability to perform
<br /> Grantor's obligations under this Deed of'T'rust or any of the Re[aied Doc�ments_
<br /> False Statemerrts. Any warranty, representation or sEaEemenY made or furnished to Lender by Trustor or on
<br /> Trustor's behalf under this Deed of 7rust or the Related Dpc�menEs is false or misleading in any material respect,
<br /> either now or at the time made or fumished or becomes false or misleading at any time thereafter.
<br /> Elefective Cof�ateralizaYion. This Deed of Trust or any of the Related �vcuments ceases tu be in full force ar7d
<br /> e�Ffect (incEuding faifure of any collateral doc+�ment to create a valid and perfected security interest or IiaN at any
<br /> Eime and for arty reason.
<br /> Insolvency. The disso]uYion or termination of Trustor's existence as a r�oing husiness, the insolvency of Trt�stor,
<br /> Lhe appointment of a receiver for any part of Trusior's property, any assignment for the benefii of creditors, any
<br /> type of creditor workout, or the comrr�encement of any proceeding under any bankruptcy nr insnlvency�aws hy nr
<br /> against-I'rustor.
<br /> Creditor or FarFeit�re Proceedings. Commencement of foreclosure or forFeiture proceadings, whether by judicial
<br /> proceeding, self-help, rePossession or any other method, by arty creditor of Trustor or by any governmenta9 agency
<br /> against any property securin� the Indebtedness. This incfudes a �arnisMment of any of Trustor's accounts,
<br /> includirtg deposit accounis, with Lender_ However, this Event of default shall not apply if there is a good faith
<br /> dispuEe by Trustor as to the validity or reasonableness of the clairrt which is the basis of the creditar or forieiture
<br /> proceeding and if Trustor gives Lender written notice of the creditor or fiorfeiture proceeding and deposits with
<br /> Lender monics or a surety boncE for the credttor or forfeiture proceeding, in an amount determined 6y Lender, in its
<br /> sole discretion, as being an adequate reserve or bond Yor the dispute.
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