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201208792 DEED OF TRUST Loan No: 10004387 (GOntlnued) Page 4 Subsaquent Ta�cas. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall have the same effect as an Event of Default, and Lender may exercise any or aII of its available remedies for an Event of Default as provided below urtless Trustor either ('I) pays the tax before it becomes delinquent, or (2) contes'ts the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfac.tory to Lender. SECU�RITY AGREEMEIVT; FINANCING STATEMENTS. The following provisi�ons re{ating to this Deed ofi Trust as a securiYy agreemenY are a part o#this Deed of Trust: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shali have all of ihe rights ofi a secured party under the Uniform Gommercial Code as amended from time to time. Security Interest.. Upon request by Lender, Trustor shall talce whatever action is requested by Lender to perfect and continue Lender's security interest in the Personal Property_ In addiYion to recording this Deed of Trust in the real property records, Lender may, at any time and without further authorization from Trustor, file executed counterparts, copies or reproducti�ons ofi this Deed of Trust as a financing statement. Trustor shail reimburse Lender for all expenses incurred in perfecYing or continuing this security interest. Upon default, Trustor shall not remove, sever or detach the Personal Property from the Property. Upon defiault, Trustor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Trustor and Lender and make it avaiiable to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by appiicable law. Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) frorn whicn i�nform�ation concerning the security interest granYed by this Deed ofi TrusY may oe obtai�ned (each as required by Yhe Uniform Commercial Code) are as stated on the first page ofi this Deed of Trust. FURTHER ASSURANCESt ATTORIVEY-[N-FACT, The fo�tlowi�:ng p�ovisions relating to furtner assurances and attorney-i�n-fact are a part of this Deed of Trust: Further Assurances. At any time, and from time m time, upon request of Lender, TTustor wi[I make, execute and del:iver, or will cause to be made, executed or delivered, to Lend�er or to Le�nder's designee, and wnen requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, secu:rity agreements, financing statements, continuation statements, instruments ofi further assuran�ce, certifiicates, and other documents as may, in the sole opinion of Lender, be necessary or desi�rable in order to effectuate, complete, perfect, co:hYinue, or prese�rve (1) Trustor's obligations under the Note, this Deed of Trust, and the Related DocumeMs, and i2i the liens and security interests created by this Deed ofi Trust as first and prior liens on the Property, whether now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writing, Trustor shall reimburse Lender fior ali costs and expenses incu�red in connection with the matters referred to in this paragraph. Attorney-in�-Fact. If Trustor fails to do any of the things referred to in the preceding pa:ragraph, Le:nder may do so for and in the name of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably a�points � Lender as Trustor's attorney-in-fact for the purpose of making, executing, delivering, fiiling, recording, and doing all other things as may be necessary or desirable, in �ender's sole opinion, to accomptish the matters referred to in the preceding paragraph. FULL PERFO�RMANCE. If Trustor pays all the IndebYedness when due, and otherwise performs all the obfigations imposed upon Trustor �nder this Deed ofi Trust, Lender shali execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to Trustor suitable statements of terminaYion of any fiinancing statement on file evidencing Lend.er's security interest in the Rents and the Persona! Property. Any reconveyance iee requi:ted by law shali be paid by Trustor, if perrnitted by appficable taw. EVENTS OF DEFAULT. At Lender's option, Trustor wilF be in defiault under this Deed of Trust if any of the fiollowing happen: Payment Defautt: Trustor fiails to make any payment when due under the indebtedness. Break Other Promeses. Trustor breaks any promise made to Lender or fails to perform promptly at the time and strictly in the manner provided in.this Deed of Trusi or in any agreement related to this Deed of Trust. Cornpliance De#ault_ Failure to co�mply with any other term, ob[igation, covenant or condition contained in this � Deed of Trust,the Note or in any of the Refated�Doeuments. Default on Other Payments. FaiJure of Trustor within the time required by this Deed�of Ttust to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to efiFect discharge of any lien. Default in Favor of'9'hird Par4ies. Should Grantor default under any loan, extension of crecPit, security agreement, purohase or sales agreement, or any other agreement, in favor of any other creditor or ,�erson that rnay maYerially affect any of Grantors property or Grantor's ability io repay ihe Indebtedness or Grantor's ability to perform Grantor's obligatio:ns under this Deed of Trust or any ofi the Related Docu�ments. False Staternents. Any representation or staternent made or furnished to Lender by Trusto�r or on Trustor's behalf under tnis Deed of Trust or the Related� Documents is false or misleading in any materi��al respect, either now or at the time made or furnished. Defective Collateraliza4ion. This Deed of Trust or any of the Related Documents ceases to be in fuli force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and fior any reason. Death or Insolvency. The death of T�ustor, the insolvency of Trusior,the appointment of a receiver for any part of Trustor's properTy, any assignment for Yhe benefit of creditors, any type of creditor workout, or the commencement of any proceed�ing under any bankruptcy or insolvency laws by or against Trustor. Taking of the Property. Any creditor or governmentai agency tries to take any of the Property or any other of Trustor's property in which Lender has a lien. This includes taking of, garnisning of or fevying on Trustor's accounts with Lentler: However, if Trustor dis�putes in good fiaith whether the claim on which tne taking of the Property is based is valid or reasonable, and if Trustor gives Lender written notice of the c:laim and fumishes Lender with monies or a surety bond satisfactory to Lender to satisfy the claim, tnen tnis default provision wili not appiy. Breach of Other Agreement. Any breach by Trustor under the terms of any other agreement between Trustor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Trustor to Lender, whether existing now or later. Events Affecting Guaranrtor. Any of the preceding events occurs with respect to any guarantor, endorser, surety; or accommodation party ofi any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or Iiabiiity under, any Guaranty of the Indebtedness.