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201208582
<br /> DEED OF TRUST
<br /> Loan No= 1000413'1 (Co�Itillued) Page 4
<br /> extent permitted by applicable law.
<br /> Addresses. The mailing addresses ofi Trustor (debtor) antl Lender (secured party) fram which information
<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 ofi this Deed of Trust. �
<br /> FURTHER ASSURANCES; ATTORNEY-IN-FACT_ The fioliowing provisions relating to further assurances and
<br /> attorney-in-fact are a pa�t of this 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 /> Lender, cause to be filed, tecorded, refile.d, or rerecorded, as the case may be, at such times and in such offlces
<br /> and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security
<br /> agreements, financing statements, continuation statements., instruments of fiurther assurance, certificates, and
<br /> othet documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, compleYe,
<br /> perfect, continue, or preserve (1) Trustor`s obligations under the Note, this Deed ofi Trust, and the Related
<br /> Documents, and (2) the liens antl�se��curity interests created by this Deed of Trust as first and prior liens on the
<br /> Property, whether now owned or hereafter acquired by Trustor_ Untess prohibitec+ by law or Lender agrees ta tne
<br /> convary in writing, Trustor shall reimburse Lender for all costs and expenses incurred in cor,rsecYion wizFn the �
<br /> matters referred to in this paragrapn.
<br /> Attorney-in-Fact. If Trustor fails to do any of the things referred to in tfie preceding paragraph, �ender rnay do so
<br /> for and in the name of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocabiy appoints
<br /> Lender as Trustor's attorney-in-fact for the purpose of mai<i.ng, executing, deliveting, filing, recording, and doing ali
<br /> other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in
<br /> the preceding paragraph.
<br /> FULL PERFORMANCE. IF Trustor pays all the Indebtedness when due, and otherwise performs all the obligations
<br /> imposed upon Trustor under this Deed of Trust, Lender shali execute and deliver to Trustee a request fo� full
<br /> reconveyance and shali execute and deliver to Trustor suitable statements of termination ofi any financing statement on
<br /> file evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by law
<br /> shalf 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 malce any payment when due under tize Indebtedness.
<br /> Break Other Promises. Trustor brealcs any promise made to Lender or tails to perform promptly at the time and
<br /> strictly in the manner provitled in this Deed of Trust or in any agreement related Yo this Deed of Trust.
<br /> Compliance Default. Failure to comply with a:ny other term, obligation, covenanY or condition contained in this
<br /> Deed of Trust, the Note or in any of the Related Documents.
<br /> Defauk on Other Payments. Fai.lure of Trustor within the Time required by this Deed of Trust to mal<e any paymenT
<br /> for taxes or insurance, or any other payment necessary[o prevent filing of or to effect discharge of any li�en.
<br /> Default in Favor ofi Third Parties. Should Grantor default under any loan, extension of credit, securiiy agreement,
<br /> purchase or sales agreement, or any otner agre�.ement, in favor of any oYher creditor or person that may materially
<br /> affect any of Grantor's property or Grantor's ability to repay the Indebtedness or Grantor's ability Yo perform
<br /> Grantor's obligations under this Deed of Trust or any of the Related Docume�ts.
<br /> False Statements. Any representation or statement made or furnished to Lender by Trustor or on Trustor's 6etialf
<br /> under this Deed of Trust or the Related Documents is false or mislead�ing in any material respect, either now or at
<br /> tF�e 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 (induding failure of any collateral document to create a valid and perfected security interest or lien) at any
<br /> time and.for any reason: _
<br /> Death or Irrsolvency. The death of Trustor,the insolve�cy of Trustor,the appointmenY of a receiver for any part of
<br /> Trustor's property, any assignment for the benefit of credi4ors, any type of ereditor workout, or the
<br /> commencement of any p�oceeding under any ban(crupYcy or insolvency laws by or against Trustor.
<br /> Talcing of the Property. Any creditor or govemmeMal agency tries to take any of the Property or any other of
<br /> Trustor°s property in which Lender has a lien. This includes tal<ing of, garndshing of or levying on Trustor°s
<br /> accounts with Lencier. However, if Trustor disputes in good fadth whether the claim on vvhich the taking of the
<br /> Property is based is valid or reasonable, and if Trustor gives Lender written notice ofi �he elaim and furnishes
<br /> Lender with manies or a su�reYy bond satisfactory to Lendsr to satisfy tfie claim, then tihfs default provision will not
<br /> appiy:
<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 grace period� provided.therein, includi�ng without limitation any agreement
<br /> concerning any indebtedness or other obligation of Trustor to Lender, whether exi�sting now or later.
<br /> Events Affecting Guarantor. Any of the preceding events occurs with respect to any guaranEor, endorser, surety,
<br /> or accommodation party of any of tne indebtedness or any guarantor, endorser, surety, or accommodation party
<br /> dies or becomes incompetent, or revolces or disputes the validity of, or li�ability under, any Gu�arenty of the
<br /> indebtedness.
<br /> insecuriiy. Lender in good faith believes itself insecure.
<br /> Right to Cure. if any default, other than a default in payment is curabie and ifi Trustor has not been given a notice
<br /> of a breach of the same provision of this Deed of Trust within xhe preceding iwelve 41 2) montFs, it may be cured if
<br /> Trustor, afiter Lender sends written notice to Trustar demanding cure oi such defauft: 1'i i cures the default within
<br /> twenty (20) days; or (2) if the cure requires more ¢han twenty (20) days, immediately initiates steps wti.fch
<br /> Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter contirtues and
<br /> completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical.
<br /> RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter,
<br /> Trustee or Lender may exe�rcise any one or more ofi the following rights and remedies:
<br /> Acceleration Upon Default; Additional Remedies. If any Event of Default occurs as per tne terms of the Note
<br /> secured hereby, Lender may declare ali Indebtedness secured by this Deed of Trust to be due and payable and
<br /> the same shall thereupon become due and payable without any presentment, demand, protest or notice of a:ny
<br /> kind. Thereafter, Lender rnay:
<br /> (aD Either in person or by agent, with or without bringing any action or proceeding, or by a receiver
<br /> appointed by a court and without regar�+ to the adequacy of its secu�ity, enter upon and talce possession
<br /> of the F'roperTy, or any part thereof, in its owr.name or in ihe name of Trustee, and do any acts which ii
<br /> deems neeessary or desirabfe to preserve the value, marketability or rentability of the Property, or part of
<br /> the Property or interest in the Property; increase the income from the Property or protect the security of
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