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201207892
<br /> DEED OF TRUST
<br /> Loan No: 373051729 (Continued) Page 4
<br /> ofi Deed of Trust; (3) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Note;
<br /> and (4) a specific tax on ail or any portion o#tne Indebtedness or on payments ofi principal and interest made by
<br /> Trustor.
<br /> Subsequent Taxes. If any tax to which this section appfies is enacted subsequent to the date of this Deed ofi
<br /> Trust, this event shall nave 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 provitled below un�less 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 casn or a sufficient corporate surety bond or other security satisfactory to Lender.
<br /> SECURITY AGREEMENT; FINANCWG 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 constifute a Security AgreemeM to the extent any of the Property
<br /> constitutes fixtures, 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 Mterest. Upon request by Lender, Trustor shall take whatever action is requested by Lender to perfect .
<br /> and continue Lender's security inte��rest in the Personal Property. In addition to recording this Deed of Trust in the
<br /> real property records, Lender may, at any time and without further authorization from Trustor, file executed
<br /> counterparts, copies or reproductions of this Deed ofi Trust as a financing statement. Trustor shall reimburse
<br /> Lender fior all expenses incurred in perfecting or continuing this security interest. Upon default, Trusior shall not
<br /> remove, sever or detach the Personal Property f�om ihe Property. Upon default, 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 tlemand from Lende� to the
<br /> extent permitted by applicable law.
<br /> Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which infiormation
<br /> concerning 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 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 /> Furthee Assurances. At any time, and from time to tiime, upon request of Lender, Trustor will make, execute and
<br /> deliver, or will cause to 6e 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 offi.ces
<br /> and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security
<br /> agreemenis, 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) Trustor's obligations under the Note, this Deed of Trust, antl the Related
<br /> Documents, and (2J the liens and security interests created by this Deed of Trust as first and prior liens on the
<br /> Property, whether now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to tne
<br /> contrary irt wriiing, Trustor shall reimburse Lender for all costs and expenses incurred in connection with the
<br /> matters referred to in this paragrapn.
<br /> Attorney-in-Fact. If Trustor fails to do any of the things referred to in the precedi.ng paragraph, Lender may do so
<br /> fior 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 /> other things as may be necessary or desirable, in Lender's sole opinion, to acco�mplish the matters referred to in
<br /> the preceding paragraph..
<br /> FULL PERFORMANGE. If Trustor pays all the Indebtedness, including without limitation all future advances, when due,
<br /> and otherwise performs all the obligations imposed upon Trustor under this Deed of Trust, Lender shall execute and
<br /> deliver to Trustee a request for full reconveyance and shall execute and deliver to Trustor suitable statements. of
<br /> termination of any financing siatement on file evidencing Lender's security interest in the Rents and the Personal
<br /> Property. Any reconveyance fee required by law shall be paid 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 tne Indebtedness.
<br /> Break Other PromiseS. Trustor breaks any promise 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 re�lated to tnis Deed of Trust�,
<br /> Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this
<br /> Deed of Trust,tne Note or in any of the Related DocumeMs.
<br /> Default on Other Payments. Failure of Trustor within the time required by this Deed of Trust to make any payment
<br /> for taxes or insurance, or any other payment necessary to prevent filing 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 agreeme.nt,
<br /> purchase or sales agreement, or any other agreement, in favor of any other creditor or person Chat may materially
<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 TrusYor or on Trustor's benalf
<br /> under this Deed of Trust or the Related Documents is false or misleading in any material respect, either now or at
<br /> the time made or furnished.
<br /> Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and
<br /> effect (including failure of any collateral document to create a valid and pe:rfected security interest or lien) at any
<br /> time and for any reason.
<br /> Death or Insolvency_ The deaih of Trustor,the insolvency of Trustor,the appointment of a receiver for any part of
<br /> Trustor's property, any assignment for the beoefit ofi creditors, any type of creditor workout, or ihe
<br /> commencement of any proceeding under any bankruptcy or insolvency laws by or against Trustor.
<br /> Taking of the Property. Any creditor or governmental agency tries to take any of the Property or any other of
<br /> Trustor's property in which Lender has a lien. This includes taking of, garnishing of or levying on Trustor's
<br /> accounts with Lender. However, if Trustor disputes 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 satisfactory to Lender to satisfy the claim, then this default provisfon will not
<br /> aPPly.
<br /> Breach of Other Agreement. Any breach by Trustor under the terms of any other agreement between Trustor and
<br /> Lender that is not remedied within any g�ace period provided therein, including without limitation any agreement
<br /> concerning any indebtedness or other obligation ofi Trustor Yo Lender, whetner existing now or later.
<br /> EvenYs Affecting Guarentor. Any of Yhe preceding events o�ccurs with respect to any guarantor, endorser, surety,
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