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201210369
<br /> DEED OF TRUST
<br /> Loan No: 81001726 (Coil$inued) Page 4
<br /> incurred by Trustee or Lender in connection with the condemnation.
<br /> IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating
<br /> to govemmental taxes,fiees and charges are a part of this Deed of Trust:
<br /> Current Ta�ces. Fees and Gharges. Upon request by Lender, Trustor shall execute such documents in addition to
<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 conti.nuing this Deed of Trust, including without limitation all taxes, fees,
<br /> documentary sYamps,. and other charges for recording or registering this Deed of Trust.
<br /> Taxes. The following shall constitute taxes to which this section appiies (1) a specific tax upon this type of
<br /> Deed of Trust or upon all ot any part of the Indebtedness secured by fhis Deed of Trust; (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 type of Deed of Trust chargeable against the Lender or the holder 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 /> Subsequen4 Taxes. If any tax to which this section ap�plies is enacted subsequent to the date ofi this Deed of
<br /> Trust, this event shall have the same effect as an Eveni of Defiault, and Lender may exercise any or all of its
<br /> available remedi�es for an Event ofi 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 securiiy satisfactory to Lender.
<br /> SECURITY AGREEMElVT; FINANCWG 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 instrumen:t shall constitute a Security Agreement to the eMent any of the Proper[y
<br /> constitutes fiixtures, and Lender shalf have all of the rights of a secured party under The Uniform Commercial 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 i�nterest in tne Rents and Parsanal Property. In addition to recording. this Deed of
<br /> Trust in the real property records, Lender may, at any time and without further authorization from Trustor, file
<br /> executed counterparts, co�pies or reproductions of this Deed of Trust as a financing statement. Trustor shall
<br /> reimburse Lender for all expenses incurred in perfecting or continuing tnis security interesY. Upon default, Trustor
<br /> shall not remove, sever or detach the Personal Property from the Property. Upon default, Trustor shall assemble
<br /> any Personal Property not afifixed to the Property in a manner and at a place reasonably convenient to Trustor and
<br /> Lender and make it avaiFable to Lender within three (3) days after receipt of written demand from Lender to the
<br /> exteni permitted by applicable Iaw.
<br /> Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which information
<br /> conceming the security interest granted by this Deed o'F 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 Yhis Deed of Trust
<br /> Furtiher Assurances_ At any time, and from time to time, upon request of Lender, Trustor wilF inake, 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 fii:led, 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 moRgages, deeds of trust, security deeds, security
<br /> agreements, financing siatements, continuation statements, instruments of further assurance, certifiicates, 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) Borrower's and Trustor's obligations under the Note, ihis Deed of Trust, and
<br /> the Related Documents, and (2) the liens and security interests created by this Deed ofi Trust as fi�st and prior
<br /> liens on the Property, whether now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender
<br /> agrees to the contrary in writing, Trustor shall reimburse Lender for all costs and expenses incurred in connection
<br /> with the matters refierred to in this paragraph.
<br /> Attorney-in-Fact. If Trustor fails to do any of the things referred to in the preceding pa.ragraph, 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 tne purpose of making, executing, delivering, fiiling, recording, and doing all
<br /> other things as may be necessary or desirable, in Lender's sole op�inion, to accomplish the matters referred to in
<br /> the preceding paragraph.
<br /> FULL PERFORMANCE. If Borrower and Trustor pay aIl the Inde�btedness, including without Iimitation all future
<br /> advances, when due, and Trustor otherwise performs all ihe obligations imposed upon Trustor under this Deed of Trust,
<br /> Lender shall execute and deliver to Trustee a request fior fiull reconveyance� and shall execute and deliver to Trustor
<br /> suitable statements of terrnination of any financing statement on file evidencing Lender's security interest in the Rents
<br /> and.the Personal Property. Any reconveyance fee required by Iaw sha�ll be paid by Trustor, if permitted by applicable
<br /> law.
<br /> EVENTS OF DEFAULT. Eacn of the following, at Lender's option, shall constitute an Event of Defa:uli under this Deed
<br /> of Trust:
<br /> PaymenY Default. Borrower fails to make any payment when due under tne Indebtedness.
<br /> Other Defaults_ Borrower or Trustor fails Yo comply with or to perform any otfier term, obligation, covenant or
<br /> condizion coniained in this Deed of Trust or in any of the Related DocumeMs or to comply with or to perform any
<br /> Yerm, obligation, covenant or condition contained in.any other agreemeni between Lender and Borrower or Trustor.
<br /> Compliance Default_ Faiture to comply with any other term, obligation, covenant or condition contained in tnis
<br /> Deed of Trust.,the Noie or in any of ihe Related Documents.
<br /> Defauk 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_ Snould Borrower or any Grantor default under any loan, extension of credit,
<br /> security agreement, purchase or sales agreement, or any other agraement, in favor of any other creditor or person
<br /> that may materially affect any of Borrower's or any G.rantor's property or Borrower's ability Yo repay the
<br /> Indebtedness or Borrower's or Grantor's ability to perform their respective obligations under this Deed of Trust or
<br /> any of the Related Documents.
<br /> False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or Trustor
<br /> or on Borrower's or Trustor's behaff under this Deed of Trust or the� Related Documents is fialse or misleading in
<br /> any material respect, either now o� at the time made or furnished or becomes false or misleading at any time
<br /> thereafter.
<br /> Defective Coltateralization. This Deed of TrusY or any of the Related Documents ceases to be in fiuii force and
<br /> effect (including failure of any coliateral document to create a valid and perfected security interest or lien) at any
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