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201207641
<br /> DEED OF TRUST
<br /> Loan No: 87001263 (Continued) Page 4
<br /> IMPOSITION OF TAXES., FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating
<br /> to governmental taxes, fees and charges are a part ofi this Deed of Trust:
<br /> Current Taxes, Fees and Charges. Upon request by Lender, Trustor shall execute such documents in addition to
<br /> tnis 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 recordfng, perfecting or continuing this Deed of Trust, including without Iimitation 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 appliex (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 Trust; (2) a specific tax on
<br /> Borrower which Borrower is authorized or required to deduct from payments on the Indebtedness secured by this
<br /> type of Deed ofi Trust; (3) a tax on this type of Deed of Trust chargeable against 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 principal and interest
<br /> made by Borrower.
<br /> Subsequent "�axes_ If any tax to which this section applies is enacted subsequent to the date ofi this Deed of
<br /> Trust, this event shall. have the same effect as an Event of Default, and Lender may exercise any or all of its
<br /> available remedies for an Eveni of Defauk as provided below unless Trustor either (1) pays the tax before it
<br /> becomes delinquent, or (2) contests the tax as p�rovided above in the Taxes and Liens section and deposits with
<br /> Lender cash or a sufficient corporate surety bond or other security saiisfactory 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 ofi Trust:
<br /> Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property
<br /> constitutes fixtures, and Lender shall nave all ofi tne rights of a secured party under the Uniform Gommercial Code
<br /> as amended from time to time.
<br /> Security Interest_ Upon request by Lender, Trustor shall take whaiever action is requested by Lender to perfect
<br /> and continue Lender's security interest in the Rents and Personal Property. In addition io recording this Deed of
<br /> Trust in the real property recortls, Lender may, at any time and without further authorization from Trustor, file
<br /> executed co�unterparts, copies or re�productions of this Deed of Trust as a financing statement. Trustor shall
<br /> reimburse Lender for all expenses incurred in perfecting or continuing this security interesi. Upon defaulY, Trustor
<br /> shall not remove, sever or detach the Pe�sonal Property from the Propei'ty. Upon default, Trustor shall assemble
<br /> any Petsonal 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 perm�itted by a:pplicable law.
<br /> Addresses_ The mailing addresses of Trustor (debtor) and Lender (secured party) from which infiormation
<br /> conceming the security interest granted by this 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 ASSURAN�CES; ATTORNEY-IN-FACT_ The following provisions relating to further assurances and
<br /> attorney-in-fact are a part of this Deed ofi Trusi:
<br /> Further Assurances. Ai any time, and from time to time�., upon request of Lender, Trustor will make, execute and
<br /> deliver, or wifl 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, financing statemeMs, continuation statements, instruments of further assurance; certificates, and
<br /> other documents as may, in the sole o�pinion of Lender, be necessary or desirable in order to efifectuate, complete,
<br /> perfect, continue, or preserve (7) Borrower's and Trustor's obligations under the Note, this Deed of Trust, and
<br /> the Related Documents, and (2) the liens and security interests created by this Deed ofi 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, Trusior shall reimburse Lender for all costs and expenses incurred in connection
<br /> with the matters referred to in this paragraph.
<br /> Attomey-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 attorney-in-fact for the purpose of making, executing, delivering, filing, recording, and doing all
<br /> otner tnings as m.ay be necessary or desirable, in Lender's sole opinion, to accomplish the matters refierred fo in
<br /> tne precedi�ng paragrapn.
<br /> FULL PERFORMAIVCE_ If Bo�rtower and Trustor pay all the Indebtedness, including without limitation all fuwre
<br /> advances, when due,and Trustor otnerwise performs all the obligations imposed upon Trustor under this Deed of Trust,
<br /> Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to Trustor
<br /> suitable statements of termi.nation of any financing statement on file evitlencing Lender�'s security interest in the Rents
<br /> and the Personal Property. Any reconveyance fee required by law shall be paid by Trustor, if permitted by appl�icable
<br /> law.
<br /> EVENTS OF DEFAUJLT. Each of the foliowing, at Lender's option, shall constitute an Event of Defaulrt under tfiis Deed
<br /> of Trust:
<br /> Payment Default. Borrower fails to make any payment when d.ue undet the Indebtedness.
<br /> Other Defaults. Borrower or Trustor fails to comply 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 or condition contained in any other agreement between Lender and Borrower or Trustor.
<br /> Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this
<br /> Deed ofi Trust,the Note or in any of the Related Documents.
<br /> Default on Ot&eer Payments. Failure of Trustor within the time required by this Deed of Trust to make any p8yment
<br /> for taxes or insurance, or any otner payment necessary to prevent fili:ng of or to effect discharge of any lien.
<br /> Default in Favor of Third Parties. Should Bo�rower or any Grantor default under any loan, extension 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 Yo repay the
<br /> Indebtedness or Borrower's or Grantor's ability to pe�form their respective obligations undet this Deed of Trust or
<br /> any of the Related Documents.
<br /> False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or Trusto:r
<br /> or on Borrower's or Trustor's behalf under this Deed of Trust or the Related Documents is false or misleading in
<br /> any material Pespect, either now or at the time made or furnished or be�comes false or misleading at any time
<br /> thereafter.
<br /> Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and
<br /> effect (inclutling failure of any collateral document to create a valid and perfected security interest or lien) at any
<br /> time and for any reason.
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