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201208583 DEED OF Ti-iUST Loan IVo: 70004731 (ContlnUeCl) Page 4 Lender cash or a sufficient corporate surety bond or other security satisfiactory to Lender. SECURITY AGREEMENT: FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part of this Deed of Trust: Security Agreement. This instrument shail constitute a Security Agreement to the extent any of the Property constitutes fiixtures, and Lender shall have all of the rights ofi a secured party under the Uniform Commercial Code as amended from time to time. � Security Interest: Upon request by Lender, Trustor shail tal<e whatever action is requested by Lender to perfect and continue Lender's security interest in tne Personal Property. lra�addition to recording this Deed of Trust in the real property records, Lender may, at any time and without further autt�orization from T;ustor, file executed counterparts, copies or reproductions of this Deed of TrusY as a financing statement. T.ustor shall reimburse Lender for all expenses incurred in perfecting or continuing tKis security interest. Upon default, Trustor shali not remove, sever or detacn the Personai Property from the Property. Upon default, Trustor shali assembie any Personal Property not affixed to the Property in a manner and at a place reasonabiy convenient to Trustor and Lender and malce it available to Lender withi�.n three (3) days after recei.pt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which information conceming the security interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Deed of Trust. FURTliER ASSURANCES; ATTORNEY-IN-FACT_ The foJlowing provisions relating to further assurances and attomey-i�n-iact are a part of this Deed of Trust: Further Assurances. At any time, and from time Yo time, upon recquest of Lender, Trustor will ma1<e, execute and deliver, or will cause to i�e made, execuYed or delivered, to Lender o�to Lender's designee. and when requested by Lender, cause to be fiiied, recorded, refiiled, or rerecorded, as �tne case may be, at such times and in such offices and places as Lender may deem appropriate, any and all su.ch mortgages, deeds of trust; security deeds, security agreements, financing statements, continuation statements, instruments of fiurther assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve ("I) Borrower's and Trustor's obligations under the Note, this Deed of Trust, and the Rel�ated Documents, and (2) the liens and securiLy interests created by this Deed of Trust as first and prior liens on the Property, whether now owned or hereafter acquired by Trusto�r. Unless prohibited by law or Lender agrees to the contrary in writing, Trus�tor shall reimburse Lender for all costs and expenses incurred in connection with the matters refierred to i�ihis paragraph. Attorney-in-Fact_ If Trustor fails to do any of the things reierred to in the preceding paragraph, Lender may do so fior and in tne name of Trustor and at Trustor's expense. For sucn purposes, Trustor hereby irrevocably appoints Lender as Trustor°s attorney-in-fact for the purpose of malcing,executing, delivering, fil�ing, recordina, and doing.all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish tne ma#ters refierred to in � the preceding paragrapfi. FULL PERFORMANCE. If Borrower and Trusior pay all the Indebtedness when due, and Trustor otherwise performs all the obiigations imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to Trustee a request for fuil teconveyance anei shall exe�cute and deliver to Trustor sui2able statements of termination ofi any financing statement on file evidencing LendePs securitiy interest in the Rents and the Personal Property. Any reconveyance fee required by law shall be pa.id by TrusYor, if permiited by applicable law_ EVENTS OF DEFAULT. At Lender's option, Trusmr will be in default under lhis Deed of Trust if any of the fiollowing happen: Payment Defiault. Borrower fa.ils to make any payment when due under the Indebtedness. B�eak Other Promises. Borrower or Trustor breaks any promise made to Lender or fails to perfiorm prompUy at ine time and strictly in the manner provided in this Deed of Trust or in any agreement re�lated tc thds Deed of Trust. Compliance Default. Failure to comply wi[h any other term, obligation, covenant or condiiion contained in this Deed of Trust,the iVote or in any of the Reiated Documenzs. Default on Other Payments. Failure ot Trustor within the time required by this Deed of Trust to maf<e any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Default In Favor ot Third Parties. Snould Bortower or any Grantor default under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agree-ment, in favor of any other creditor or person that may materially affect any of Borro�wer's or any Grantor's property or Borrower's ability to repay the Indebtedness or BorrowePs or Grantor's ability to perform their respective obligaiions under this Deed of Trust or any of the Related Documents. False Staternents. Any representation or statement made or turnished to Lender by Borro-wer or Trustor or on Borrower's oe Trustor°s behalf under this Deed of Trust or the Related Documents is false or misleading in any materia7 raspect, either now or at the time made or furnishecl. Defeeteve Col�ateralizatior�.. Tnis iDeed of Trust or any o# the hZelated Documents ceases to be in fuil fiorce and �ifect (inciuding failure of any colfateral document to create a valid and perfected security fnterest or Iien) at any time and for any reason. Insolvency_ The dissolution or termination of the Trust.,the insolvency of Borrower or Trustor, the appointment ofi a receiver for any part of Borrower's or Trustor's property, any assignment for the benefit of creditors, any type ot � creditor workoui, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower or Trustor. Taking of the Property. Any creditor or governmentai agency tries to take any of the Property or any other ofi Borrower's or Trustor's property in which Lender has a lien. This includes tal<ing of, garnishing of or levying on Borrowe�r"s o.r Trustor's accounts with Lender. However, if Borrower oe Trustor disputes in good.faith wheYher the clai�m on which tf�e tal<ing of the Property is based is valid or reasonable, and if Qorrower or Trustor gives Lender written notice of the claim and furnishes Leader wiih monies or a surety bond satisfactory to Lender Yo satisfy the claim,the�n this default provision wiil not appiy. Breach of Other Agreeiment. Any breach by �Borrower or Trusior under ihe terms af any other agreement between Borrower or Trustor and Lender ihat is not remedied within any grace period provided therein, induding without limitation any agreement concerning any indebtedness or other obligation oF Borrower or Trustor to Lender, whethe�r existing now or later. Events Affecting Guarantor. Any ofi the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the Indebtedness or any guarantior, entlorser, surety, or accommodation party dies or becomes incompetent, or revolces or disputes the validity of, or liability under, any Gua�anty of the Indebtedness. Insecurity. Lender in good faith 6elieves itself insecure.