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201208343
<br /> DEED OF TRIJST
<br /> Loan No: 8�001387 (COntlllUed) Pa e 4
<br /> 9
<br /> Current Taxes, Fees and Charges. Upon request 6y Lender, Trustor shall execute such documents in addition to
<br /> this Deed of Trust and Yake whatever other action is requested by Lender to perfect and continue Lender's lien on
<br /> the Rea� Property. Trustor shall reimburse Lender fior all iaxes, as described below, together with all expenses
<br /> inc�rred in recording, perfiecting or continuing this Deed ofi Trust, inGuding without limitation aIl taxes, fee5,
<br /> documentary stamps, and other charges'fo.r recording or registering this Deed of Trust.
<br /> Taxes_ The tollowing shai:l constitute taxes to which this section appliesz (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; t2) a specific tax on
<br /> Trustor which Trustor is authorized or required to detluct 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 against tne Lender or the hoider of the Note;
<br /> and (4) a specific tax on all or any portion of the Indebtedness or on payments of princi�pal and interest made by
<br /> Trustor.
<br /> Subsequent Taxes. If any tax to which this section appiies is enacted subs�equent to the date of this Deed ofi
<br /> Trust, this event shall h.ave the same effeot as an C-vent ofi Defiault, and Lender may exercise any or a�.11 of its
<br /> available remedi.es for an EvenY of Defiault 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 satisfiactory to Lender.
<br /> SECURITY AGREEMENT': FINANCING STATEMENTS. The following p�.rovisions relating to this Deecf of Trust as a
<br /> security agreement are a part of this Deed of Trust
<br /> Security Agreement_ This instrument sha❑ constitute a Security Agreement to Yhe extent any of the Property
<br /> constitu[es fixtures, and Lender snall have alt of the rights of a secured party under the Uniform Commercial Code
<br /> as ame:nd�ed firom time to time.
<br /> Security Interesrt. Upon request by Lender, Trustor shall tal<e whatever action is requested by Lender to perfect
<br /> and continue Lender's security interest in the Rents and Persona! Property. In addition to recording. this Deed of
<br /> Trust in the real property records, Lender may, at any time and without further authorization from Trustor, file
<br /> executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Trustor shall
<br /> reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon defauit, Trustor
<br /> s�.hall not remove, sever or detach the Personai Property from the Property. Upon default, Trustor shail assembie
<br /> any 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 wriiten demand from Lender to the
<br /> extent permiCted by applica6le law. �
<br /> Addresses. The mailing addresses of Trustor (debtor) and Lender isecured party) from which information
<br /> concerning the security interest granted by this Deed. ofi 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 ASSURANGES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and
<br /> attorney-in-Fact are a part of this Deed of Trust:
<br /> Further Assurances_ At any time; and from Yime to time, upon request of Lender, Trustor will malce, execute antl
<br /> deliver, or w�ili cause io be made, executed or delivered,t:o Lender or to Lender's designee, and when reques2ed 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 d�eem appropriate, any and all such mortgages, deeds of trusi, security deeds, security
<br /> agreements, financing statements, continuaiion statements, instruments of further assurance, certificates, and.
<br /> other documenYs as may, in the sole opinion of Lende�, be necessary or desirable in order to effectuate, complete,
<br /> perfect, continue, or preserve (1) Trustor's obligations under tne Note, this Deed of Trust, and the Related
<br /> Documents, and (2) the liens and security interests created by tnis Deed of Trust as first and prior liens on the
<br /> Property, whethe�r 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 expe�nses incurred in connection with the
<br /> mairters referred to in this paragraph.
<br /> Attorney-in-Fact_ If Tr�stor fails to do any o#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 attomey-in-fa.cC for tne purpose of making, executing, delivering, fil:ing, recording, and doing all
<br /> other things as may be necessary or desirable, in Lender's sole opinion, to accompiish the matters referred to in �
<br /> the preceding paragraph.
<br /> FULL PERFORMANCE. If Trustor pays all the lndebtedness, including without IimiYation alI future advances, when due,
<br /> and otiherwise performs aii the obligations imposed upon Trustor under thi.s Deed of Trust, Lender shall execute and
<br /> deliver to Trustee a request for (utl reconveyance and shall execute and de:liver to Trustor suitable statements of
<br /> termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal
<br /> Property. Any reconveyance fee required by law shali be paitl by Trustor,[i permitted by applicable Eaw.
<br /> EVENTS OF DEFAULT. Each of the following, at Lender°s option, shall constitute an Event of Default under this Deed
<br /> oP Trusi:
<br /> Payment Defau7t_ Trustor fails to malce any payment when due under the Indebtedness.
<br /> Other Defaults. Trustor faiis to comply with or to perform any other term, obligati:on, covenant or condiYion
<br /> contained in -khis Deed of Trust or in any of the Rslated Documenis or to comply with or to perform any term,
<br /> obligation, covenant or condition contained in any other agreement between Lender and Trusto�r.
<br /> Compliance Default Failure to comply with any othar term, obligation, covenaM or condition contained in this
<br /> Deed of Trust,the Note or in any of Yhe Related Documents_
<br /> Default on Otner Paymenls. Failure of TrusYor within the time required by this Deed of Trust to malce any payment
<br /> fior taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge ofi any lien.
<br /> Default in Favor of Third Parties. Should Grantor default under any loan, extension of credit, security agreement,
<br /> purch�ase or sales agreement, or any other agreernent, in favor of any other creditor or per5on that 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 ob(igations under this Deed of Trust ar any of the ReLated Documents.
<br /> Pa1se Statements. Any warranty, representation or statement made or furnished to Lender by Trustor or on
<br /> Trustor's behalf under this Deed of Trust or the Related Documents is false or misleading in any materia.l respect,
<br /> either now o�r at the time made or fumished or becomes Palse or misleading at any time thereafter.
<br /> Defective Collateralization. This Deed of Trust or any of tne Related Documents ceases to be in full force and
<br /> effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any
<br /> time and for any reason.
<br /> Insolvency. Tne dissolution or termination of Trustor's existence as a going business, the insolvency of Trustor,
<br /> the appointment of a receiver for any part ofi Trustor's property, any assignment for the benefit of creditors, any
<br /> type of creditor worlcout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or
<br /> against Trustor.
<br /> CPeditor or �orfeiture Proceed"engs. Commencement of foreciosure or forfeiture proceedings, whether by judiciai
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