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201209915
<br /> DEED OF TRUST
<br /> Loan No: 173051732 {Continued) 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 /> Subsequent 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 a!I ofi its
<br /> available remedies for an Event of Default as provided belov�� unless Trustor either (1] pays tne tax before it
<br /> becomes delinquent,or l2) comests the tax as provided above in the Taxes and Liens section and deposits with
<br /> Lender cash or a sufficient corporate surety bond or ather security satisfactory to Lender.
<br /> SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions rela#ing 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 extent any of the Proper[y
<br /> constitutes fixtures,and Lender shall ha�e all of the rights of a secured party under the Uniform Commercial Code
<br /> as amended from time to Yime.
<br /> Security Interest. Upon request 6y Lender,Trustor shall talce whatever action is requested by Lender to perfect
<br /> and continue Lsnder's security interest in the Personal Property. In addition to recording this Deed ofi 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. ?rustor shall reimburse
<br /> Lender for all expenses incurred in perfecting or continuing this security interest. Upon default,Trustor shall not
<br /> remove, sever or cletach the Personal Property from the Property. Upon defaulT, Trustor shal( assemble any
<br /> Personal Property not affixed to the ProperN in a manner and at a place reasonably convenient'o Trustor and
<br /> Lender and make it available tc Lender within three (3) days after receipt of writte�demand from Lender to the
<br /> extent permitYed by applicable law.
<br /> Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which in�ormation
<br /> concerning ihe security inierest granted by this�eed of Trust may be o6tained (each as required by the Uniform
<br /> Commercial Code)are as stated on the first page of this Deed of Trust.
<br /> FURTHER ASSURAN�CES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and
<br /> attomey-in-fact are a part of this Deed ofi Trust:
<br /> Further Assurances, At any time,and from fime to time,upon requesT of Lender,Trustor will mal<e,execute and
<br /> deliver,or wili cause to tie made,executed o�delivered,to Lender or Yo Lender's designee,and�vhen requested by
<br /> Lender,cause to 5e 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 documents as may,in the sole opinion of Lender,be necessary or desirable in order io effectuate,complete,
<br /> perfect, continue, or preserve (1) Trustor's obligations urrder the Note, this Deed of Trust, and the Related
<br /> Documents,and (2) tFe liens and security interests created by this Deed oi Trust as first and prior liens on the
<br /> Property,whether now owned or hereafter acquired by Trustor. Uniess prohibited by law or Lender agrees to the
<br /> contrary in writing, Trusmr shall reimburse Lender for all costs and expenses incurred in connection with the
<br /> matters referred to in this paragraph.
<br /> Attomey-in-Fact. li Trustor fails to do any of the things referred to in the preceding paragraph,�ender may do so
<br /> for and in the name of Trustor and at Trustor's expense. For such purposes,Trustor hereby irrevocably appoints
<br /> Le�der as Trustor's attorney-in-fact for the purpose of mal<ing,executing,delivering,filing,recording,and doing all
<br /> other things as may 6e 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 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#inancing statemenC on
<br /> file evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by law
<br /> shall be paid byTrustor,if permit[ed by applicable law.
<br /> EVENTS OF DEFAULT. At Lender's option,Trustor will be in default under this Deed of Trust iF any of ihe following
<br /> happen:
<br /> Payment Default. Trustor fails io make any payment when due under the IndebYedness.
<br /> Break Other Promises. Trustor breaks any promise made to Lender or fails to periorm promptly zt the iime and
<br /> strictly in the manne�r provided in this Deed of Trust or in any agreement related to this Deed of Trust.
<br /> Compliance Defiault. Failure to comply with any other term,abligati�on, covenant oe condition contained in this
<br /> Deed of Trust,the�ote or in any of the Related Documents,
<br /> Default on OtMer Payments. Failure of Trustor within the time required by this Deed of Trust to make any paymeni
<br /> for taxes or insurance,or any other payment necessary to prevent filing of or to effect discharge of any lien.
<br /> DefaulY in Favor of Third Parties. Should Grantor 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 repay the Indebtedness or Grantor's ability to perform
<br /> Grantor's obii�gations under this Deed of Trust or any of the Reiated Documents.
<br /> False Statements. Any representation or statement made or furnished to Lender by Trustor or on Trustor's behalf
<br /> under this Deed of Trust ot the Related Documents is false or misleading in any material respect,either�ow or at
<br /> Lhe time made or furnished.
<br /> Defective Collateraiization. This Deed of Trust or any of the�Related Documents ceases to be in full force and
<br /> effeci(including failure of any coflateral documerrf 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 appoinYment�f a receiver for any part of
<br /> Trustor's property, any assignment for the benefit o:f creditors, any type of creditor workouC, or the
<br /> commencement of any proceeding under any bankruptcy or insolvency laws by or against Trustor.
<br /> Taking of the Property. Any creditor nr 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 levying ott Trustor's
<br /> accounts with Lender. Hovvever, if Trustor dispuies in good faith whether ihe claim on which the tal<ing 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 6ond satisfactory m Lender to satisfy the claim,then this default provision will not
<br /> apply.
<br /> Bveach of Other Agreement. Any breach by Trustor under the terms of any other agreement bebmeen Trustor and
<br /> Lender that is not remedied within any g�ace period provided therein, inciuding without limitation any agreement
<br /> � concerning any indebtedness or other o6ligation of Trustor to Lender,whether existina now or later.
<br /> Events Affecting Guarantor. Any oi the preceding events occurs with respect'[o any guarantor,endorser,surety,
<br /> or accommodatio�n party of any of the Indebtsdness or any guarantor, endorser,surety, or accommodation party
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