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201210844
<br /> DEED OF TRUST
<br /> Loan No: '[21 (COntinued) Page 4
<br /> Current Taxes,Fees and Charges. Upon request by Lender,Trustor shall execute such documents in addition to
<br /> this Dee�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,togexher with all expenses
<br /> incurred in recording, perfecting or continuing this �eed of Trust, including without limitation all taxes; fees,
<br /> documentary stamps,and other charges for reco�ding or registering this Deed of Trust.
<br /> Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of
<br /> Deed of Trust or upon all or any part of the Indebtedness secured 6y this Deed of Trust; (2) a specific tax on
<br /> Trustor which Trustor is authorized or required to deduct from paymenis on the Indebtedness secured by this type
<br /> of Deed of Trust; (3) a tax on this type of Deed of Trust chargeable against the Lender or the hoider ef the Note;
<br /> and (4) a specific tax on all or aoy portion of the Indebtedness or on payments of principai and interest made by
<br /> Trustar.
<br /> Subsequent Faxes. lf any tax to which this section applies is enacted subsequent to the date of ihis 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 beiow uniess 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 /> Le�der cash or a sufficient corporate surety bond or oTMer security satisiactory to Lender.
<br /> SECURITY AGREEMENT; RNANCING STATEhVIENTS. 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 constiwte a Security Agreement io the extent any of the Property
<br /> constitutes fixtures,and Lender shall have all of the rights of a secured party under the Uniform Commercial Code
<br /> as amended itom time to time.
<br /> Security Interest. Upon re4uest by Lender,Trustor shall take whatever action is requested hy Lender to perfect
<br /> and continue Lender's security interest in the Rents and Personal Property. In adtlition m recordi�g this Deed of
<br /> Trust in the real property records, Lender may, at any time and without further authorization from Ttustor, file
<br /> executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Trustor shall
<br /> reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default,Trustor
<br /> shall not remove, sever or detach the Petsonal PropertV from the Property. Upon defauk,Trustor shall assembie
<br /> any Persooal Property noi affixed to the Property in a manner and at a place reasonably convenient to Trustor and
<br /> Lender and make it availahle to Lender within three (3) days after receipt of written demand from Lender to the .
<br /> extent permitted by applicable law.
<br /> Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which information
<br /> conceming the security interest granied by this Deed of Trust may be obtaioed(each as required by the Uniform
<br /> Commercial Code)are as stated on the first page of this Deetl of Trust.
<br /> FURTHER ASSURANCES; ATTORIUEY-IN-FACT. The following provisions relating �to further assurances and
<br /> attomey-in-fact are a part of this Deed of Trust:
<br /> Purther Assurances. At any time,antl from time to time,upon request of Lender,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,securfty 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 to effecYuate,complete,
<br /> perfect, conYinue, or preserve (1) Trustor's obligations undet the Note, this Deed of Trust, and the Related
<br /> Documents, and (2) the liens antl 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 law or Lender agrees to the �
<br /> contrary in writing, Trusior shall reimburse Lender for all costs and expenses incurred in connection with the
<br /> matters refetred to in this paragraph.
<br /> Attorney-in-Fact. if Trustor fails to do any of the thinds referred to in the preceding paragraph,Lender may do so
<br /> for and in the name of Trustor and at Trustor's expense. For s�ch purposes,Trustor herehy irrevocably appoinis
<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 reierred to in
<br /> the preceding paragraph.
<br /> FULL PER�ORMANCE. If Trustor pays alI the Indebtedness,including without Ilmitation all future advances,when due,
<br /> and otherwise performs all the obligations imposetl upon Trustor under this Deed ofi Trust, Lender shal.{execute and �
<br /> deliver to Trustee a request for full reconveyance and shall execute and deliver to Trustor suitable statements of
<br /> termination of any financing state�ment on file evidencing Lender's security interest in the Rents and the Personal
<br /> Property. Any reconveyance 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 /> Paymen#Default. Trustor fails to make any payment when due under the Indebtedness.
<br /> Other Defaults. Trustor fails to comply with or to perform any other term, obligation, covenant or condition
<br /> contained in this Deed of Trust or in any of the Related Documents or to comply with or m perform any term,
<br /> obligation,covenent 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 or in any of Yhe Related Documents.
<br /> Default on Other Payments. Fail�re of Trustor within the time required by this Deed of Trust to make any payment
<br /> for taxes or insutance,or any other payment necessary to prevent filing of or to effect discharge of any lien.
<br /> Default in Favar of Th'vd Parties_ Should Grantot defauit 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 Grzntor's property or Grantor's ability to repay the Indebtedness or Grantor's ability to perfor.m
<br /> Grantor`s obligations uoder this Deed of Trust or any of the Related Documents.
<br /> Palse Statements�. Any warranty, representation or statement made or fumished to Lender by Trustor or on
<br /> Trustor's behaif under this Deed of Trust or the Related Docume�ts is false or misleading in any material respect,
<br /> either now or at the time made or furnished or becomes talse or misleading at a�y time thereafter.
<br /> Defective Collateralization. This Deed ofi Trust or any of the Related Documents ceases to be in full force and
<br /> effect fincluding faiture of any collaterai document to create a valid and perfected security iMerest or lien)at any
<br /> time and for any reason.
<br /> insolvency. The dissoluYion or termination of Trustor's existence as a going business,the insolvency of Trustor,
<br /> the appointment of a receiver for any part of Trustor's property, any assignment for the benefit of creditors,any
<br /> type of creditor workout,or the commencement of any proceeding under any bankruptcy or insolvency laws by or
<br /> against Trustor.
<br /> Creditor os Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial
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