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201208550
<br /> DEED OF TFiUST
<br /> Loan No: 10004098 (COntin9.eed) Page 4
<br /> Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (2) a specifiic tax on
<br /> T�ustor whic:h Trustor is authorized or required to deduct from payments on the Inde6tedness secured by this type
<br /> of Deed ofi Trust; (3) a tax on this type of Deed ofi Trust chargeable a:gainst the Lender or the holder of rthe IVote;
<br /> and (4) a specific tax on ali or any portion of the Indebtedness or on payments ofi principal and interest made by
<br /> Trustor.
<br /> Subsequent Taxes�. if any tax to which this section applies is enacted subsequent to the date of 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 fo.r an Event of Default as provided below uniess Trustor either (1) pays tne tax befiore 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 bortd or other security satisfactory to Lender.
<br /> SECIJRITY AGREEMEII{T; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a
<br /> security agreement are a part of this Deed of Trust: �
<br /> Securety Agreern�ent. This insvument shall constitute a Security Agreement to the extent any of the Property
<br /> constitutes fixtures, and Lender shali have all of the rights of a secuied pa.rty under the Unifiorm Commercial Code
<br /> as amended from time to time.
<br /> Security In4erest. Upon request by Lender, Trustor shall take whatever action is requested by Lende� to perfeci
<br /> and continue Lender's security interest in the Personal Property. In addition to recording this Deed of TrusY 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 of Trust as a financing statement. Trusto� snall reim�burse
<br /> Le:nder for ali expenses incurred in perfe.cting or conti�nuing this security interest. Upon default, Trustor sfiall not
<br /> remove, sever or detach the Personal Property from the Property. Upon default, Trustor sfiall 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 demand from Lender to tne
<br /> extert permitted by applicable law.
<br /> Addresses. The mailing addresses of Trustor (debtor) and Lender (securetl party) from which information
<br /> conceming the security interest granted by this Deed of Trust may be obtai.ned (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. Tne following provisio�ns relating to further assurances and
<br /> attorney-in-fact are a part of this Deed of Trust:
<br /> Further Assurances. At any time, a�nd from time to time, upon request of Lender, Trustor will make, execute and
<br /> deiiver, or will cause to be made, executed or defivered,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 mo�rtgages, deeds of trust, security cieeds, security
<br /> agreements, financing statements, continuation statements, instruments of further assurance, certifi:cates, and
<br /> other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, com.plete,
<br /> perfect, contin�e, or preserve (1) Trustot's obiigatio�ns under tne Note, this Deed of Teust, and tfie Related
<br /> Documents, and (2) the liens and security i:nterests created by this Deed of Trust as first and prior liens on the
<br /> Property, whether now owned or hereafter acquired by Trustor. Unless profiibited by law or Lender agrees to the
<br /> contrery in writing, Trustor shall reimburse Lender for all costs and expenses incurred in con:nection with the
<br /> matters referred to in ihis paragraph.
<br /> Attorney-in-Fact. If Trustor fails to do any of the things�eferred to in Lhe preceding paragraph, Lender may do so
<br /> for and in ihe name of Trustor and at Trustor's expense. For s�uch purposes, Trustor nereby irrevocably appoints
<br /> Lende�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., Yo accom�plish the matters referred to in
<br /> the preceding paragraph.
<br /> FULL PEff{FORMANCE. If Trustor pays all the Indebtedness when due, and otherwis�e perfiorms all�the obtigations
<br /> imposed upon Trustor under this Deed of Trust, Lender shatl execute and deliver to Trustee a requeSt for full
<br /> reconveyance and sha[I execute and deiiver to Trustor suiiabie statemerns of termination of any financing statement on
<br /> fiile evidencing Lender's security interest in the Rents and the Personal Pro�erty. Any reconveyance fee required by law
<br /> shall be paid by Trustor, if permitted by applicable law. �
<br /> EVENTS OF DEFAULT. At Lender's option, Trustor will be in defauit under this Deed of Trust if any of the tollowing
<br /> happen:
<br /> Payment Default. Trustor fails to make any payment when due under the Indebtedness.
<br /> Break Other Promises. Trus'tor breaks any promise made to Lender or fails to perform promptly at the time and
<br /> strictly in the manner provi,ded in this Deed of Trust or i�n any agreement related to this Deed of Trust..
<br /> Compliance Default. FaiCure to comply with any other term, obligation, covenant or condition contained in this
<br /> Deed of Trust,the Note or in any of the Related Documents.
<br /> Default on Otfier 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 preveM fiiling of or to effect discharge oF any lien.
<br /> Default en Favor of Third Parties. ShouJd Grantor default under any loan, extension of credit, security agreement,
<br /> purchase or sales agreement, or any other ag�eement, in favor of any other creditor or person that may materially
<br /> affect any of Grantor's ptoperty or Grantor's ability to repay the Indebtedness or Grantor`s ability to perform
<br /> G�rantor's obligations under thiS Deed of Trust or any ofi the Related Documents.
<br /> False Statements.. Any representati�o�n or statement made or fiurnished to Lender by Trustor or on Trustor's behalfi
<br /> under this Deed of Trust or the Related Documents is false or misleading in any materiat respect, either now or at
<br /> the time made or furnished.
<br /> Defective Collateralization. This Deed of Trust or any ofi the Related Documents ceases to be in full force and
<br /> effect (irtcluding failure of any collateral document to create a valid a�nd perfected security interest or lien) at any
<br /> time and for any reason.
<br /> Death or Insolvency. The death of Trustor; the insolvency of Trustor,the appointment of a receiver�or any part of
<br /> Trustor's property, any assignment for the benefit of creditors, any �type of creditor workout, or the
<br /> commenceme�nt of any proceeding under any bankruptcy or insoWency laws by oc 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 indudes taking of, garnishing of or levying on Trustor's
<br /> acco��unts with Lender. However, if Trustor disputes in good faith whether ihe 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 Lende�r to satisfy fne claim, tnen this default provision will not
<br /> appiy.
<br /> Breach of Other Agreement_ Any breach by Trustor under the terms ofi any oiher agreement between Trustor and
<br /> Lender that is not remedied witnin any grace period provided therein, including without limitation. any agreement
<br /> concerning any'sndebtedness or other obligation o#Trustor to Lender,whether existing now or iater.
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