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201209204
<br /> DEED OF TF�UST
<br /> Loan No: 89001354 (Contlnued) Page 4
<br /> Taxes_ The following shall constitute taxes to which this section applies (1) a specifiic tax upon this type of
<br /> Deed ofi Trust or upon ail or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on
<br /> Trustor which Trustor is authorized or requtred to deduct from payments on the Indebtedness secured by this type
<br /> of Deed of Trust; (3) a tax on this type of Deed of Trust chargeable against the Lender or the hoider of the Atote;
<br /> and (4) a specifiic tax on all or any portion of the Indebtedness or on payments ofi principal and interest made by
<br /> Trustor.
<br /> Subse.quent Taxes. If any tax to whi.ch this section applies is enacted subsequent to the date ofi this Deed ofi
<br /> Trust, ThFs event shall have the same effect as an Event of Default, and Lender may exercise any or all ofi its
<br /> available remedies for an Event of Default as provided below unless Trustor either (1) pays the tax before it
<br /> becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens seciion and deposits with
<br /> Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender.
<br /> SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed ofi Trust as a
<br /> security agreement are a part of tnis Deed of Trust:
<br /> Security Agreement. This instrument shall constitute a Se.curity Agreement to the extent any of the Property
<br /> constitutes fixtures, and Lender snall have all of the rights of a secured party under tne Uniform Commercial Code
<br /> as amended from time to time. '
<br /> Security Nnterest. Upon request by Lender, Trustor sh211 take whatever action is requested ey Lende� to perfect
<br /> and continue Lender's security inYerest in the Rents and Personal Ptoperty. in addition to recording this Deed ofi.
<br /> Trust in the re.al property records, Lender may, at any time and wirthout further authorization from i rustor, �ile
<br /> executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Trustor snali
<br /> reimburse Lender fior all expenses incurred in perfecting or continuing this security interest: Upon default, Trustor
<br /> shall not remove, sever or detach the Personal Property from the Property: Upon default, Trustor shall assemble
<br /> any Personal Property not affixed to the Property in a manner and at a place reasona6ly convenient to Trustor and
<br /> Lender and make iY available to Lender within three (3) days after receipt of written demand from Lender to the
<br /> extent permitted by applicable law.
<br /> Addresses. The mailing addresses ofi Trustor (debtor) antl Lender (secured party) from which infiormation
<br /> conceming the security interest g�anted by this Deed of Trust may be obtained (each as required by the Uniform
<br /> Commerciai Code) are as stated on tne first page of this Deed of Trust.
<br /> FURTHER ASSURANCES; ATTORNEY-IIV-FACT. The fiollowing provisions relating to further assurances and
<br /> attorney-in-fact are a part 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, recorded, refiled, or rerecorded, as the case may be, at such ti�mes and in such offices
<br /> and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security
<br /> agreements, financing statements, continuati�on statements, instruments ofi further assurance, certificates, and
<br /> other documents as may, in the sole opinion ofi Lender, be necessary or desirabie in order to effectuate, complete,
<br /> perfect, continue, or preserve 11) Trustor's obligations under the Note, this Deed of Trust, and the Related
<br /> Documents, and (2) the liens and security interests created by this Deed of Trust as first and prior liens on the
<br /> Property, whetner now owned or hereafter acquired by Trustor. Unless prohibited by law ar Lender agrees to Yhe
<br /> contrary in writing, Trustor shall reimburse Lender for all costs and expenses incurred in connection with the
<br /> matters referred to in tMis paragraph.
<br /> Attorney-in-Fact. li Trustor fails to do any of the things referred to in the preceding paragraph, Lender may do so
<br /> for and in the name of Trustor and aY Trustor's expense. For such purposes, Trustor hereby irrevocably appoi.n'cs
<br /> Lender as Trustor's attomey-in-fact for the pu:rpose of making, executing, delivering, filing, recording, and doing all
<br /> other things as may be necessary or desirable, in Lender's sole opinion, to accomplish tne matters referred to in
<br /> the preced�ing paragraph.
<br /> FULL PERFORMANGE. If Trustor pays all the Indebtedness, including witho�ut limitation all future advances, when due,
<br /> and otherwise performs all the obligations imposed upon Trustor under this Deed of Trust, Lender shall execute and
<br /> deliver to Trustee a request for fu:U reconveyance and s.hall execute and deliver to Trustor suitable statements of
<br /> termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal
<br /> Property. Any reconveyance fee required by law shall be paid by Trustor, if permitted by appficable law.
<br /> EVENTS OF DE�AULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed
<br /> of Trust:
<br /> Payment Default. Trustor fails to make any payment when due under the Indebtedness.
<br /> Other Defaults. Trustor fails to comply with or to perform any other term, obligation, covenant or condition
<br /> contained in ihis Deed o'f Trust or in any of the Related Doa.uments or to comply with or to perform any term,
<br /> obligation, covenant or condition contained in any other agreement between Lender and Trustor..
<br /> Compliance Default.. Failure to comply with any otheY term, o�bligati.on, covenant or condition contained in this
<br /> Deed of Trusi,the Note or in any of the Related Documents.
<br /> Default on Other Payments_ Failure of TrusYor within�the time required by this Deed of Trust to make any payment
<br /> for taxes or insurance, or any other payment necessary to prevent filing ofi oY to effect discharge of any lien.
<br /> Default in Favor of Third Parties_ Should Grantor default under any loan, extens�ion ofi credit, security agreemeni,
<br /> purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially
<br /> afifect any of Grantor's property or Gtantor's ability to �epay the Indebtedness or Grantor's ability to perform
<br /> Grantor°s obligations under this Deed of Trust or any of the Related Documents.
<br /> Fapse Staterttents. Any warranty, .representation or statemeret made or furnished to Lender by Trustor or on.
<br /> TrusYor°s behalf under this Deed ofi Trust or ihe Reiated Documents is false or misleading in any materiai respect[,
<br /> either now or ai the time made or furnished or becomes false or misleading at any time thereafter.
<br /> Defective Collateaalization_ This Deed of Trust or any of ihe Reiated Documents ceases to be in full rorce and
<br /> effect (induding fiailure 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 Trustor,the insolvency of Trustor, the appointment of a receiver for any part of
<br /> Trustor's property, any assignment for the benefit of creditors, any type ofi crediYor workout, or the
<br /> commencement of any proceeding untler any bankruptcy or insolvency laws by or against Trustor.
<br /> Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial
<br /> proceeding, self-help, repossession or any other method, by any creditor of Trustor or by any govemmental agency
<br /> against any property securing The InciebYedn,ess. This inciudes a garnishment of any of Trustor's accounts,
<br /> inciuding deposit accouMs, with Lender. However, Yhis Event of De�fault shall not apply if tnere is a good faith
<br /> dispute by Trustor as to tfie validity or reasonableness of the claim which is the basis of the creditor or forfeiture
<br /> proceeding and if Trustor gives Lender written notice of the c�edito� or forfeiYure proceeding and deposits with
<br /> Lende� m�onies or a surety bond for the cred.itor or forfeiture proceeding, i�n an amou.nt determined by Lender, in its
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