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201209429
<br /> DEED OF TRUST
<br /> Loan No: 10004528 {COntlttued) Page 4
<br /> this Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lender's lien on
<br /> the Real Property. Trustor shall reimburse Lender for all taxes, as described below,together with all expenses
<br /> incurred in recording, perfecting or continuing this Deed of Trust, including without limitation aIl taxes, fiees;
<br /> documentary stamps,and other charges for recording or registering this Deed of Trust.
<br /> Ta;ces. The following shall constitute taxes to which this sec.ion applies: (1) a specific tax upon this type of
<br /> Deed of Trust or upon all or any part of the Indebtedness secured by This Deed of Trost; (2) a specific tax on
<br /> Borrower which Borrower is authorized or required to deduct from payments on the Indebtedness secured by this
<br /> type of Deed of Trust; (3) a tax on this rype of Deed ofi Trust chargeable against the Lender or the hoider of the
<br /> Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest
<br /> made by Borrower.
<br /> Su6sequent Taxes. If any tax to which this section applies is enacted subsequent to the daYe of this Deed of
<br /> Trust, this event shali have the same effect as an Event of Default., and Lentler may exercise any or all of 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 section 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 ielating to this Deed o'F Trust as a
<br /> security agreement are a part ofi this Deed of Trust:
<br /> Security Agreemerrt. This insfrument shall constit�te a Security Agreement to the extent any of the Property
<br /> constituies fixtures,and Lender shall have all of+he rights of a secured party under the Uniform Commercial Code
<br /> as amended from time to time.
<br /> Securry Interest. Upon request by Lender,Trustor shall ialce 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 further authorization from Trustor, file executed
<br /> counterparts, copies or reproductions of this Deed of Trust as a financing statement. Trustor shall reimburse
<br /> Lender for all expenses incurred in perfecting or continuing this security interest. Upon default,Trustor shall not
<br /> remove, sever or detach the Personal Property from the Property. Upon default, Trustor shall assemble any
<br /> Personal Property not affixed to the Property in a manner and at z place reasona6ly convenient to Trustor and
<br /> Lender arid make ii available to Lender within three (3) days after receipt ofi written demand from Lendet to the
<br /> extent permitted by applicable law.
<br /> Addresses. The mailing addresses of Trustor (debtor) and Lender fsecured party) from which information
<br /> concerning ihe security interest grented by this Deeci of Trust may be obtained Ieach as required by the Uniform
<br /> Commerci.al Code!are as stated on tRe 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 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�6e filed,recorded,refiled,or rerecorded,as the case may 6e, at such times 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, continuation statements, instruments of further assuran�ce, certificates, and
<br /> other documents as may,in the sole opinion of Lender,6e necessary or desirable in order to effectuate,complete,
<br /> perfect,continue,or preserve (11 Borrower's and Trustor's o6tigations 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 on the Property,
<br /> wnether now owned or hereaiter acquired by Trustor: Uniess prohibited by law or Lender agrees to the contrary in
<br /> writing,Trustor shafl reimburse Lender for all costs and expenses incurred in connection with the matters referred
<br /> to in this paragraph.
<br /> Attorney-in-Fact. I#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 at Trustors expense. For such purposes,TrusYor hereby irrevocably appoints
<br /> Lender as TrusYor's attorney-in-fact for the purpose of making,executing,delivering,filing,recording,and doing aIF
<br /> other things as may be necessary or desirable, in Lencer's sole opinion,to accomplish the matters referred to in
<br /> the preceding paragraph.
<br /> FULL PERFORMANCE. 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 shali execute and deliver to Trustee a request for
<br /> full recro.nveyance and shall execute and deliver to Trustor suita6le statements of terminaiion of any financing statemeni
<br /> on file evidencirg Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by
<br /> law shali be paid by Trustor,if permitted by applica6le law•.
<br /> EVENTS OF DEFAUL"C. At Lender's option,Trustor will be in default under this Deed of Trust if any of the following
<br /> happen:
<br /> Payment Default. 3orrower fails to make any payment when due under the Indebtedness.
<br /> Break Other Promises. Borrower or Trustor breaks any promise made to Lender or fails to perform Promptly ax 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 /> Compiiance Default. Failure to comply with any other term, obligaYion, covenant or condition contained in this
<br /> Deed of Trust,the Note or in any of the Related Documents.
<br /> Default on Other Payments. Fai.lure of Trustor 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 of or to effect discharge of any lien.
<br /> Default in Favor of Third Parties. Should Borrower or any Grantor default under any loan, extension of cretlit,
<br /> security agreement,purchase or saies agreement,or any other agreement,in favor of any other creditor or person
<br /> that may materially affect any of Borrower°s or any Granior's property or Borrower's ability to reoaa the
<br /> Indebtedness�r Borrower`s or Grantor's ability to periorm Yheir respecfive obligations under this Deed or Trust or
<br /> any of the Related Documents.
<br /> False Statements. Any representation or statement made or iurnishetl to Lender by Borrower or Trustor or on
<br /> Borrower's or Trustor's behaVf under this Deed of Trust or the Related Documents is false or misleading in a�y
<br /> material respect,either�ow or at the 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)af any
<br /> time and for any reason.
<br /> Death or Insolvency. The tleath of Borrower or Trustor,the insolvency of Borrower or Trustor,the appointment of
<br /> a receiver for any part of Borrower's or Trustor's property,any assignment for the benefit of creditors,any type of
<br /> creditor workout;or the commencement of any proceeding under any bankruptcy or insolvency laws by or against
<br /> Borrower or Tnastor.
<br /> Taking of Yhe Property. Any creditor or govemmenial agency iries to Take any of the Property or any other of
<br /> Borrower's or Trustor's property in which Lender has a fien. Tnis inciudes taking of, gamishing of or levying on
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