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201207692
<br /> DEED OF l'Ri1Sl"
<br /> Loan iVo_ 870(D1338 (Co1,$inued) Page 4-
<br /> documentary stamps, and other charges for recording or registering this Deed of Trusc.
<br /> Taxes. The following shail constitute taxes to which this section appiies. (1) a specific tax upon this type ofi
<br /> IIeed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on
<br /> Trustor which Trustor is authotized or required to deduct from payments on the Indebtedness secured by this type
<br /> of Deed of Trust; (3) a tax on this type of Deed of Trust chargeable agai�ns[the Lender or the holder of the Note;
<br /> and (4) a specific tax on all o�r any portion of the Indebtedness or on payments of principal and interest made by
<br /> Trustor.
<br /> Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the d�ate of this Deed of
<br /> Trust, this event shalP 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 as provided below unless Trustor either {1) pays the tax before it
<br /> becomes delinquent, or t2) contests the tax as provided above in the Taxes and Liens section and depos�its with
<br /> Lender cash or a�sufficient corporaYe surety bond or other security satisfactory to Lender.
<br /> SECURITY AGREEMENT; FINANCWG STATEMENTS. The following provisions reiating to this Deed of Trust as a
<br /> security agreement are a part of this Deed ofi Trust:
<br /> Security Agreement.: This instrument shail constitute a Security Agreemeni to the extent any of the Property
<br /> constitutes fixtures, and Lender shall have ali of the rights of a se.cured party under the Uniform Commerci�al Code
<br /> as amended from time to time.
<br /> Security InYerest. Upon request by Lender, Trustor shall tal<e whatever action is requested by Lender to perfect
<br /> and continue LendePs secu�rity iriterest in the Rents and Personaf Property. In addition to reco:rding this Deed of
<br /> Trust in the real property records, Lender may, at any time and without further authorization from Trusto�, fiile
<br /> executed counterparts, copies or reprotl�uctions of ttris Deed of Trust as a financing statement. Trustor shali
<br /> reimburse Lender fior all expenses incurred in perfecting or continuing this security interest Upon defae�it,Trustor
<br /> shall not remove, sever or detach the Personal Property from the Property. Upon default, TrusYor shall assemble
<br /> any PersonaE 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 dema�nd from Lender to the
<br /> exie�nt perm.itted by appiicable iaw. .
<br /> Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which info:rmation
<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 ihis Deed of Trust.
<br /> FURTHER ASSURANCES; ATTORNEY�-IN-FACT. The fol:lowing provisions relating to further assurances and
<br /> attorney-in-fact are a part of ihis Deed of 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 /> Lencier, cause to be fiiled, recorded., refiled, or rerecorded, as the case may 6e, at such times and in such offices
<br /> and pYaces as Lender may d�eem appropriate, any and all such morCgages, deeds bf trust, security deeds, security
<br /> agreements, financi�ng s7atements, continuation statements, instruments of further assurence, certificates, and
<br /> other documents as may, in the so�le opinion of Lender, 6e necessa.ry or desirable in order to effectuate, complete,
<br /> perfect, continue, or preserve (1) Teusto�r's obligaiions under the Note, this Deed of Trust, and the Reiated
<br /> Documents, and (2) the liens anci security interests created by this Deed of Trust as first and prior liens on tne
<br /> Property, whether 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 con�nection with the
<br /> matters referred to in this paragraph: .
<br /> Attorney-in-Fact. If Trustor fiails to do any of the things refierred 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 Trustor's attorney-in-fact for the purpose of making, execu�ti�:ng, delivering, filing, �ecording, aod 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 paragrapi�. �
<br /> FULL PERF�FtMANCE. If Teustor pays all the Indebtedness, incluciing w�itnout Fim��itation ali future acivances, wfien due,
<br /> and otherwise performs a16 the obligations imposed upan Trusior under tnis Deed ofi Trust, Lender shall =xecute and
<br /> deliver to Trustee a request for fuli reconveyance and shall execute and deliver to Trustor suitabte staZements of
<br /> termination of any financing statement orr file evidencing Lender's security interest in the ReMs and the Personaf
<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 Deetl
<br /> of Trust:
<br /> Payment Default. Trustor fails to make any payment when due under the Inde6tedness.
<br /> Other Defaults. Trustor fails to comply with or to perform any otner term, obligation, covenant or conditio�n
<br /> contained in this Deed of Trust or in any of the Related Documents or to comply with or to perform any term,
<br /> obligation, covenant or condition contained in any other agreement between Lender and Trustor.
<br /> Comptiance Default. Fa�ilure to comply with any other term, obligation, covenant or cond'ition contained in this
<br /> Deed of Trust,the Note ar in any of the Related Documents.
<br /> Default on t7tk�er Payments. Failure of Trustor within the time required by this Deed of Trust to make any payrrreni
<br /> for taxes or insurance, or any other payment necessary To prevent filing of or ta effect discharge of any lien.
<br /> Default in Favo� 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 abil�ity to perform
<br /> Grantor's obiigations under this Deed of Trust or any ofi the Related Docurnents.
<br /> False StaTements. Any warrenty, represeniation or statement made o�r furnished to Lender by Trustor or on
<br /> Trustor's behalf under this Deed of Trusi or the Related Documents is fialse or misleading in any material respeci,
<br /> either now or at the time made or furnished or becomes fialse or misleading at any time thereafter.
<br /> Defective CoElateralization. Thi�s Deed of Trust or any ofi the Related Documents ceases to be in fiull force and
<br /> effect (including £aii�ure of any co9laterai documenY to create a valid and perfected security interest or lien) at a�ny
<br /> Yime ar�.d for any reason.
<br /> Ynsolvency_ The dissol:ution or termination of Trustor's existence as a going business, the insolvency of T�ustor,
<br /> The appointment of a receiver for any part ot Ttustor's property, any assignment foY the benefit of creditors, any
<br /> type of credito�workout, or the commencement of any proceeding u:nder any bankruptcy or insolvency laws by or
<br /> against Trustor.
<br /> Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial
<br /> proceeding, self-help, repossession or any otiher method, by any creditor ofi Trustor or by any govemmental agency
<br /> agai�nsY any property securing the Indebtedness. This includes a garnishment of any ofi Trustor'�s a.ccounts,
<br /> includi�ng deposit accounts, with Lender. However, ihis Event of Defiault shall noY apply if Yhere is a good faith
<br /> dispute by Trustor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture
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