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201210698
<br /> DEED OF TRUST
<br /> Loan No: 81000934 (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 Ta�ces. If any ta�c to which this section applies is enacted su6sequent 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 f1) pays the tax before it
<br /> becomes delinquent,or (2) contests the tax as provided ahove 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; FINANCING 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 instrument shall constitufe a Security Agreement m the extent any of the Property
<br /> constitutes f�tures,and Lender shall have all of the rights of a secured party under the Uniform Commercial Code
<br /> as amended from time to time.
<br /> Security lnterest. 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 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 T�ustor,file
<br /> executed counterparts, copies or repmductions of this Deed of Trust as a financing statement. Trustor shall
<br /> reimburse Lender for alt expenses incurred in perfecting or continuing this security interest. 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 affixed to the Praperty in a manner and at a place reasonably conve�ient to Trustor and
<br /> Lender and make it available to Lender within three (31 days after receipt of written demand from Lender to the
<br /> extent permitted by applica6le 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 furtfiet assurances and
<br /> attomey-in-fact are a part of this Deed of Trust:
<br /> Purther Assurances. At any time,and from time to time,upon request of Lender,Trustor will make,execute and
<br /> deliver,or will cause to be matle,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,ai such times and in such offices
<br /> and places as Lender may tleem appropriaYe,any and all such mortgages,deeds of trust,security deeds,security
<br /> ag�eements, financing statements, continuation statements, instruments of further assurance, cert'rficates, and
<br /> other documents as may,in ihe sole opinion of Lender,be necessary oi desirable in o�der to effectuate,complete,
<br /> perfect, continue, or preserve (1) Trustor's obligations under the Note, this Deed of Trust, and ihe 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 Trusfor. Unless prohibited by law or Lender agrees to the
<br /> contrary in writing, Trustor shall reimburse Lender for alI costs and expenses incurred in connection with the
<br /> matters referred to in this paragraph.
<br /> Attorney-in-Fact. If Trustor fails to do any of the things referred to i�the preceding paragraph,Lender may do so
<br /> for and in the name of Trustor and at Trustar's expense. For such purposes,Trustor hereby irrevocably appoints
<br /> Lender as Trustor's attorney-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 Inde6tedness,including without limitation all future advances,when due,
<br /> and otherwise performs all the obliga#ions imposed upon Trustor under this Deed of TrusL Lender shall execute and
<br /> deliver to Trustee a request for fuH reconveyance and shall execute and deliver to Trustor suita6le statements of
<br /> termination of any financing statement on file evidencing Lender's security iMerest in the Rents and the Personal
<br /> Property. Any reconveyance fee required by law shall be pafd by Trustor,if permitted by appfica6le 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 Indebtedness.
<br /> Other Defauhs. Trustor fails to comply with or to perform any other term, obligation, covenant or condition
<br /> concained in this Deed of Trust or in any of the Related Documents or to comply with or to perform any term,
<br /> obligation,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 TrusL 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 taices or insurance,or any otfier 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 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 6rantor'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 Documents.
<br /> False StatemeMs. Any warranty, representation or statement made or furnished to Lender by Trustor or on
<br /> Trustor's 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 furnished or becomes false or misleading at any time thereafter.
<br /> Defective Collateralization. This 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 IieN at any
<br /> time and for any reason.
<br /> Death orinsolvency. The dissolution ortermination of Trustor's existence as a going business orthe death of arry
<br /> partner,the insolvency of Trustor,the appointment of a receiver for any part of Trustor's property,any assignment
<br /> for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any
<br /> bankruptcy or insolvency laws by or against Trustor.
<br /> Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial
<br /> proceeding,self-help,repossession or any other method,by any creditor of Trustor or by any governmental agency
<br /> against any property securing the Indebtedness. This includes a garnishment of any of Trustor's accounts,
<br /> including 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 the claim which is the basis of the creditor or forfeitu�e
<br /> proceeding and if Trustor gives Lender written notice of the creditor or forfeiture proceeding and deposits with
<br /> Lender monies or a surety bond for the creditor or forfeiture proceeding,in an amount determined by Lender,in its
<br /> sole discretion,as being an adeqvate reserve or bond for the 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, including without limitation any agreement
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