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201209559
<br /> DEED OF TRIDST
<br /> �oan No: 10004676 (COn#iPtUed) Page 4
<br /> as amended firom time to time.
<br /> Security Interest. Upon requesY by Lender,Trustor shall take whatever action is requested by Lender to perfect
<br /> a�d continue Lender's security interest in the Personal Property. In addition to recording this Deed of Trust in the
<br /> real property records, Lende�r 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 convnuing this security interes[. Upon default,Trustor shall not
<br /> remove, sever or detach the Personal Property from the Property. Upon default, Trusmr shall assemble any
<br /> Personal Property not affixed to the Property in a manner and at�a place reasonably convenient to Trustor and
<br /> Lender and make it available to Lender wiYhin three (3? days after receipt of written demand from Lender to the
<br /> extent permitted by applicabie law.
<br /> Addresses. The mailing addresses of Trustor �debtor) and Lender (secured party) from which infiormation
<br /> conceming the security interest granYed by this Deed of Trust may be obta�ined (each as required by the Ur.itorm
<br /> Commercial Code1 are as stated on the first page or this Deed.of Trust.
<br /> FURTHER ASSURAl1lCES; 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 malce,execute and
<br /> deliver,or will cause to be made,executed or delivered,to Lender or to Lender's designee,and when requested 6y
<br /> Lender,cause to be 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 vust,securiry deeds,security
<br /> agreements, financing statements, continuation statements, instruments of further 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 (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,whetf�er now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to ihe
<br /> contrary in writing, Trustor shall reimburse Lender for all costs and expenses incurred in connection with the
<br /> mattsrs refierred to in this paragraph.
<br /> Attorney-in-Fact. if 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 Trusto�r's expense. For such purposes,Trustor heieby irrevocably appoints
<br /> Lender as Trustor's attomey-in-fact for the purpose 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 the matters referred to in
<br /> the preceding paragraph.
<br /> PULL PERFORMANCE. If Trustor pays all the Indebtedness when due, and otherwise performs all the obligations
<br /> imposed upon Trustor u�der this Deed of Trust, Lender shall execute and deliver to Trustee a request for full
<br /> reconveyance and shall execute and deliver to Trustor suitable statements of termination of any financing statement on
<br /> file evidencing Lender's secu�ity interest in the Rents and the Personal Property. Any reconveyance fee required by law
<br /> shall be paid 6y Trustor,if permitted by applicabie law.
<br /> EVENTS OF DEFAULT, At Lender's option,Trustor will be in default under this Deed of Trust if any of the following
<br /> happen:
<br /> Payment Default. Trustor fails to make any payment when due under the Indebtedness.
<br /> Break Other Promises. Trustor breaks any promise made to Lender or fails to perform promptly at the time and
<br /> sirictly 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, o6ligation, covenant or condition contained in this
<br /> Deed of Trust,the Note orin any of the Related Documents.
<br /> Default on Other Paymeots. Failure of Trustor within the time required by this Deed of Trust to make any payment
<br /> for taxes or dnsurance,or any other payment necessary to prevent filing of or to effect discharge of any lien.
<br /> Default in Favor of Third Parties. Should Grantor defiault under any loan,extension of credit,security agreement, �
<br /> purchase or sales agreement,or any oiher agreement,in favor of any other creditor or person that may materially
<br /> affect any of Grantor's property or Grantor's ability to repay the Indebtedness or Grantor's ability to perform
<br /> Grantor's obligations under this Deed of Trust or any of the Related�ocuments.
<br /> False Statements. A�y representation or statement made or furnished to Lender by Trustor or on Trustor's behalf
<br /> under this Deed of Trust or the Related Documents is false or misleading in any material respect,either now or ai
<br /> tlie time made or furnished.
<br /> Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to 6e in full force and
<br /> effect�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 /> Dea'th or Insolvency. The death of Trustor,the insolvency ofi Trustor,the appointment of a receiver for any part of
<br /> Trustor's property, any assignment for the benefit of creditors, any type of creditor workout, or the
<br /> commencemeni of any proceeding under any banlvuptcy or insolvency laws by or against Trustor.
<br /> Taking of the Property. Any crediYor or governmental agency tries to take any of the Property or any other of
<br /> Trustor's property in which Lender has a lien. This includes taking of, garnishing of or levyi�g on Trustor's
<br /> accounts wiYh Lender. However,if Trustor disputes in good faith whether the claim on which the taking ofi the
<br /> Property is based is valid or reasonable, and if Trustor gives Lender written notice oF the claim and furnishes
<br /> Lender with monies or a surety bond satisfactory to Lender to satisfy the claim,ihen this defauht provision will not
<br /> apply.
<br /> Breach of Other Agreement. Any breach by Trustor under the terms of any other agreement 6etween Trustor and
<br /> Lender that is not remedied within any grace period provided therein; including without limitation any agreement
<br /> concerning any indebtedness or other obiigation of Trustor to Lender,whether existing now or later.
<br /> Events Affecting Guarantor. Any of the precetling evenis occurs with respect to any guarantor,endorser,surety,
<br /> or accommodation party of any of the Intlebtedness or any guarantor, endorser,surety,or accommodation party
<br /> dies or oecomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the
<br /> indebtedness.
<br /> Insecurity. Lender in good faith believes itseif insecure.
<br /> Right to Cure. If any default,other than a default in payment is curable and if Trustor has not been given a notice
<br /> of a breach of the same provision of this Deed of T�ust within the preceding twelve(12)months,it may be cured if
<br /> Trustor,after Lender sends written noYice to Trustor demandi�g cure of such defaulT. (1) cures the default within
<br /> twenty (20) days; or (2) if the cure requires more than twenty (201 days, immediately initiates steps which
<br /> Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and
<br /> completes all�easo�able and necessary steps sufficient to produce compliance as soon as reasonably practical.
<br /> RIGHTS AND REMEDIES ON DEFAULT. If an Event of Defauli occurs under this Deed of Trust,at any time thereaftet,
<br /> Trustee or Lender may exercise any one or more of the foliowing rights and remedies:
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