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201209932
<br /> DEED OF TRUST
<br /> Loan No: 70004734 (Continued) Page 4
<br /> available remedies for an Event ofi Defiault as provided below unless Trustor either (1) pays the tax befiore it
<br /> becomes delinquent, or (2) contests Yne 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 /> SECURITV AGREEMENT; FINANCING STATEMENTS. The foilowing 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 eMent any of the Property
<br /> constitutes fixtures, and Lender shall have all of ihe rights of a secured party under the Uniform Commerciai 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 i:n ihe Personal Praperty. In addition to recording this Deed of Trust in the
<br /> real property records, Lender may, at any time and without fiurtner authorization from Trustor, file executed
<br /> counterparts, copies or reproductions of this Deed of Trust as a financing siatement. Trustor shall reimburse
<br /> Lender for all expenses incurred in perfecti:ng or continuing this security interest. Upon default, Trustor shall not
<br /> remove, sever or detach the Personal Property from the Property. Upon default, Trustor snall assemble any
<br /> Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Trusmr and
<br /> Lender and make it available To Lender within tnree (3) days after receipt of written demand firom Lender to the
<br /> extent permitted by applicable law.
<br /> Addresses. The mailing addresses of Trustor (debtoa) and Lender (secured party) from which infotmation
<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 ofi 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 ofi Lender, Trustor will make, execute and
<br /> deliver, or wll 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 statements, instruments of further assurance, certificates, and
<br /> other documerts as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete; �
<br /> perfect, continue, or preserve (1) 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 on the Property, whether now
<br /> owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the conirary in writing,
<br /> Trustor shall refmbuPse Lender for all costs and expenses�incurred in connection with the matters referred to in th�is
<br /> paragraph�.
<br /> Attorney-in-Fact. If Trustor fails to do any of the things referred Yo in the preceding paragraph, Lender may do so
<br /> for and in the name of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints
<br /> Lender as Trustor's attorney-in-fact for the purpose ofi ma:king, 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 refierred to in
<br /> the preceding paragraph.
<br /> FULL PERFORMANCE. If Trustor pays all the Indebtedness when due, and otherwise performs all the obligations
<br /> imposed upon Trustor under 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 ofi any financing statement on
<br /> file evidencing Lender's security interest in tne Rents and the Perso�nal Property_ Any reconveyance fee required by law
<br /> shal:l be paid by Trustor,if permitted by applicable 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. TrusYor faiFs 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 /> strictly in the manner provided in this Deed of Trust or in any agreement related to tfiis Deed of Trust.
<br /> Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this
<br /> Deed of Trust,the Note or in 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 insu.rance, or any other paymeni necessary to prevent filing of or to effect discharge of any lien.
<br /> Default in Favor of Third Parties. Should G�aMor default under any loan, extension of credit, security agreement,
<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 �epay the Indebtedness or Grantor's ability to perform
<br /> GraMor`s o�bligations under this Deed of Trust or any of the Related Documents_
<br /> False Statements. Any representation or statement made or furnished to Lender by Trustor o�r on Trustor's behalf
<br /> under this Deed of Trust or the Rel�ated Documents is false or misleading in any material respect, either now or at
<br /> the time made or furnished.
<br /> Defective Collateralization. Tnis Deed of Trust or any of the Related Documents ceases to be 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 /> Death or Insolvency_ The death of Trustor,the insolvency of Trustor,the appointment ofi a receiver for any part of
<br /> Trustor's proper[y, any assignment for tne benefit of creditors, any type of creditor workout, or the
<br /> commencement of any proceeding under any bankruptcy or insolvency laws by or against Trustor.
<br /> Taking of the Property. Any crediior or govern:mental agency tries to take any of the Praperty or any other of
<br /> Trustor's property in which Lender has a lien. This indudes taking of, garnishing of or levying on Trustor's
<br /> accounts with Lender. However, if Trustor disputes in good faith whether the claim on which the taking of 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 tio Lender to saiisfy the daim,tnen this default provision will not
<br /> apply.
<br /> � Breach of Other Agreement. Any breach by Trustor under the terms ofi any other agreement between Trustor and
<br /> Lender that is not remedied within any grace period provided therein, including without limitation any agreernent
<br /> concerning any indebtedness or other obligation of Trustor to Lender, whether existing now or later.
<br /> EveMs Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety,
<br /> or accommodaiion party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party
<br /> dies or 6ecomes incompetent,. or revokes or disputes the validiYy of, or liability under, any Guaranty of the
<br /> Indebtedness.
<br /> Insecurity. Lender in good faith believes itself insecure.
<br /> 6cisting Indebtedness. The payment of any installment ofi principal or any interest on the Existing Indebtedness is
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