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201209196
<br /> DEED OF TRUS-f'
<br /> Loan No: 10004�288 (CO�$9tlued) Page 4
<br /> SECURITY AGREEMEIVT; FIIVANCING STATEMENTS. The following provisions relating to this Deed of Trust as a
<br /> security agreement are a part of this Deed of Trust:
<br /> Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property
<br /> constitutes fixtures, and Lender shall have all of the rights of a secured party under the Unifiorm Commercial Code
<br /> as amended from time to time. '
<br /> Security Interest. Upon request by Lender, Trustor shall take whatever action is requested by Lender to perfect
<br /> and continue Lender's security interest in the Personal Property. In addition to recording this Deed of Trust in the
<br /> real property records, Lender may, at any time and without fiurther authorizetion from Trustor, file executed
<br /> counterparts, copies or reproductions of this Deed of Trust as a financing statement. Trustor shaii reimburse
<br /> Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Trustor snall not
<br /> remove, sever or detach the Personal Property from the Property. Upon default, Trustor shail assemble any
<br /> Personal Property not afifixed 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 ofi written demand from Lender to the
<br /> extent permitted by applicable law_
<br /> Addresses_ The mailing addresses of Trustor (debtor) and Lender (secured party) from which information
<br /> conceming the security interest granted by this Deed of Trust may 6e obtained (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. The following provisions relating to further assurances and
<br /> attorney-in-fact are a part ofi this Deed of Trust:
<br /> Further Assurances. At any time, and from time to time, upon request of Lender, Trustor wilt mal<e, 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 fiiled, recorded, refi.led, or rerecorded, as the case may be, at such times and in sucfn.offices
<br /> and p[aces as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security
<br /> agreements, financing statements, continuation statements, instruments of fiurYher assurance, certificates, and
<br /> other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete,
<br /> perfect, continue, or preserve (9) Borrower's and Trustor°s obligations under the Note, this Deed of Trust, and
<br /> the Related Documents, and (2) the liens and security interests created by this Deed of Trust as first and prior
<br /> fiens on the Property, whether now owned or hereafter acquired by Trusto:, Uniess pronibited by law or Lentler
<br /> agrees to the contrary in writing, Trustor shall reimburse LendeY for all costs and expenses incurred in connection
<br /> with the matters referred To in this paragraph. .
<br /> Attorney-in-Fact. If Trustor fails to do any of the things referred to in the preceding paragraph, Lende�may do so
<br /> for and in the name of Trustot and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoirts
<br /> Lender as Trustor's attorney-in-fact for the purpose of mal<ing, executing, delivering, 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 PERFORMARtCE. If Borrower and Trustor pay all the Indebtedness when due, and Trustor otherwise performs all
<br /> the obligations imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to Trustee a request for
<br /> fiull.reconveyance and shall execute and deliver Yo Trustor suitable statements of termination of any financing statement
<br /> on file evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by
<br /> 9aw shall be paid by Trustor,if permitted by applicable law.
<br /> EVENTS OF DE�AULT. At Lender's option, Trustor will be in default under this Deed of Trust if any of the fol7owing
<br /> happen:
<br /> PaymenY Default. Borrower fails to make any payment when due under the Indebtedness.
<br /> Brealc Other Promises. Borrower or Trustor 6reaks any promise made to Lender or fails to perform promptfy at the
<br /> time and strictly in the manner provided in this Deed of Trust or in any agreement related to this Deed of Trust.
<br /> Compliance Default_ Failure to comply with any other term, obligation, covenant ot condition contained in this
<br /> Deed of Trust,tne Note or in any of the Related Documents.
<br /> Default on Other Payments. Failure of Trustor within the time required by this Deeel ofi Trust to make any payment
<br /> for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien.
<br /> Default in Favor of TF�ird Parties. Should gorrower or any Grantor defa.uR under any �oan, extension of credit,
<br /> security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person
<br /> that may materially affect any ofi Borrower's or any Grantor's property or Borrower's ability to repay the
<br /> Indebtedness or Borrower°s or Grantor's ability to perfofm their respective obtigations under this Deed of Trust or
<br /> any of tfie F?eiated Documents.
<br /> Faise Staternents. Any representation or statement made or furnished to Lender by Borrower or Trustor or on
<br /> Borrower's or Trustor's behalfi under this Deed of Trust or the Related Documents is false or misleading in any
<br /> material respect, eitfier now or at the time made or furnished.
<br /> Defective Collateralization. This Deed of Trust or any of the Related Docurnents ceases to be in full force and
<br /> effecrt (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 /> Death or Insolvency. The death of Borrower or Trustor,the insolvency of gorrower or Trustor, the appointment of
<br /> a receiver far any part of Borrower's ar Trustor's property, any assignment for the benefit of creditors, any type of
<br /> creditor workout, or the commencement of any proceeding under any banleruptcy or insolvency laws by or against
<br /> Borrower or Trustor.
<br /> Tak�ng of the Property. Any creditor or govemmentaB agency trie5 to take any of ihe Property or any other of
<br /> Borrower°s or Trustor's property in whici`o Lender has a lien. This indudes taking of, garnishing of ar Bevying on
<br /> Borrower's or T.rustor°s accounts with Lender. However, if Borrower or Trusior disputes in good faith whether the
<br /> claim on which the taking of the Proper[y is based is valid or reasonable, and if Borrower or Trustor gives Lender
<br /> written notice of the claim and fiurnishes Lender with monies or a surety bond satisfactory to Lender to satisfy the
<br /> claim,then this default provision will not apply.
<br /> Breach of Other Agreement. Any breach by Borrower or Trustor under the terms of any other agreement between
<br /> Borrower or Trustor and Lender that is not remedied within any grace period provided therein, including without
<br /> limitation any agreemeni concerning any indebtedness or other obligation of Borrower or Trustor to Lender,
<br /> whether existing now or later.
<br /> Events Affecting Guarantor_ Any of the preceding events occurs with respect to any guarantor, endorser, surety,
<br /> or accommodation pariy of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party
<br /> dies o.r becomes i.ncompetent, or revolces or disputes the validity of, or liability under, any Guaranty of the
<br /> indebtedness.
<br /> Insecurity. Lender in good faith believes itseFf insecure.
<br /> Right to Cura. if any default,other than a defauk in paymeM is curable and if Trustor has not been given a notice
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