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201209636
<br /> DEED OF TRUST
<br /> Loan No:81001701 (COn#inued) Page 4
<br /> and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by
<br /> Trustor.
<br /> Subsequerrc Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of
<br /> Trust,.this event shall have the same effect as an� Event of Default, and Lender 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 befote it
<br /> becomes delinquent,oe (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; FINANqNG 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 insYrument shall constitute a Security Agreement to the extent any of the Ptoperty
<br /> constitutes fiMures,and Lendee shall have all of the rights of a secured party under the Uniform Commercial Code
<br /> as amended from time to time.
<br /> Security IMerest. Upon request by Lender,Trustor shall take whatever action is requested by Lender to perfect
<br /> and continue Lender's security interest in the Rents and Personal Ptoperty. In addition to recording this Deed of
<br /> Trust in the real property records, Lendee may, at any time and without further authorization from Trustor,file
<br /> executed counterparts, copies� or reproductions of this Deed of Trust as a financing sYatement. Trustor sha:ll
<br /> reimburse Lender for aII expenses incu�red in perfecting or continuing this security interest. Upon default,Trustor
<br /> shall not remove,sever or detach the Personal Properry from the Property. Upon default,Trustor shall assemble
<br /> any Personal Property not affixed to the Property in a manner and at a place reasonably convenienE to Trustor and
<br /> Lender and make it available to Lender within three(3) days after receipt of written demand from Lender to the
<br /> eztent permitted by applicable law.
<br /> Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which information
<br /> concerning the security interest granted by this Deed of Trust may be 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 of this Deed of Trust:
<br /> Further Assurances. At any time,and from time to time,upon request of Lendee,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 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 statemenis, instrumeMs 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 (1) T�ustor'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,whether now owned or hereafter acquired by Trustor. Unless prohibited by Iaw or Lender agrees to the
<br /> contrary in writing, Trustor shall reimburse Lender for all costs and expenses incurred in connection with the
<br /> matters referred to in this paragraph�.
<br /> Attorney-in•Fact. If Trusfor faiis to do any of the things referred to in the preceding paragraph, Lender may do so
<br /> for and in the name ofi Trusto�and at Trustor's expense. For such purposes,Trustor hereby 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 /> FULL PERFORMANCE. If Trustor pays all the Indebtedness,including without limitation alI 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 �equest for full reconveyance and shall execute� and deliver to Trustor suitable statements of
<br /> termination of any financing statement on file evidencing Lender's security irnerest in the Rents and the Personal
<br /> Property. Any rewnveyance fee required by law shall be paid by Trustor,if permitted by applicable law.
<br /> EVENTS OF DEFAULT. 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 Indetitedness.
<br /> Other Defaults. Trustor fails to comply with or to perform any other term, obligation, covenant or condition
<br /> contained in this Deed ofi Trust or in any of the Related Documents or to comply with or to perform any term,
<br /> o6ligation,covenant or condition contained in any other agreement between Lender and Trustor.
<br /> Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this
<br /> Deed of Trust,the Note orin any of the Related Documents.
<br /> Default on Other Payments. Failure 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 Grantor default under any loan,extension of credit,security agreemeni,
<br /> purchase or sales agreement,or any other'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 a6ility to perform
<br /> Grantor's obligations under this Deed of Trust or any of the Related..Documents.
<br /> False StaterreeMs. Any warranty, representation or statement made or furnished to Lender by Trustor or on
<br /> TrustoPs behalf under this Deed of Trust or the Related Documents is false or misleading in any material respect,
<br /> either now or at the time made or iurnished or becomes false or misleading at any time thereafter.
<br /> Defective Collateralization. This Deed of Trust or any of the Related Documents ceases io be in full force and
<br /> effect{including failure of any collateral document to create a valid and perfected security interest or IienD 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 fnr any part of
<br /> Trustor's property; any assignment for the 6enefit oi creditors, any type af creditor workout, or the
<br /> commencement of any proceeding under any bankrupicy or insolvency laws by ar against Trustor.
<br /> Creditor or Forfeiture Proceedings. Commencement of forecfosure or forfeifure 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 IndebYedness. This inGudes a garnishment of any ofi Trustor's accounts,
<br /> induding deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith
<br /> dispute by Trustor as to the validity or reasonableness of YhE claim which is the basis of the creditor or forfeiture
<br /> proceeding and if Trustor gives Lender written notice of the creditor or forfeiture proceeding and deposits with
<br /> Lender monies ot a surety bond for the creditoe or forfeiture proceeding,in an amount determined 6y Lender,in its
<br /> sole discretion,as being an adequate reserve or bond forthe dispute.
<br /> Breach of Other Agreement. Any breach by Trustor under the terms of any other agreement between Trusto�and
<br /> Lender that is not remedied within any grace period�provided therein,induding without limitation am/agreement
<br /> concerning any indebtedness or other obligation of Trustor to Lender,whether existing now or later.
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