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201210846
<br /> DEED OF TFiIlST
<br /> Loan No: 81001$66 (Continued) Page 4
<br /> documeMary stamps,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 or any part of the Ind.ebtedness secured by this Deed of Trust; (2) a specific tax on
<br /> Trustor which Trustoris authorized orrequired to deductfrom payments on the Indeotedness 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 holder of ihe Note;
<br /> and (4) a specific tax on all or any portion of the Indebtedness oi on payments of principai 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 eveM shall ha�e 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 (1) pays the tax before it
<br /> becomes delinquent,or 12) contests the tax as provided above in the Taxes and Liens section and deposits with
<br /> Lender cash or a sufficient corporate sureYy 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 constitute a Security Agreement to the extent any of the Property
<br /> constitutes fiMures,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 Interest. Upon request by Lender,Trustor shall take whatever action is requested by Lender to perfect
<br /> and continue Lender's security interestin the Rents and Personal Property. In addition to recording this Deed of
<br /> Trust in the real properry records, Lender may, at any time and without further authorization from Trustor, file
<br /> executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Trustor shall
<br /> �eimburse Lender tor all expe�ses 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 Prope�ty not affixed to tfie Property in a manner and at a place reaso�ably convenient to Trustor and
<br /> Lender and make it a�ailable to Lender wiihin three (31 days after receipt of written demand from Lender to fRe
<br /> extent permitted by applicable 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 Uniforrra
<br /> Commerciaf Code)are as stated on the first page of this Deed of Trust.
<br /> FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to fiurther assurances and
<br /> attorney-in-fact are a part of ihis Deed of Trust:
<br /> Further 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 made,executed or delivered,to Lender or to Lender's designee,and when requested tiy
<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 ali 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 to effectuate,complete,
<br /> perfect, continue, or preserve (1) Trustor's obiigations under the Note,this Deed of Trust, and the Related
<br /> Documents,and (21 the liens and security interests created by this Deed of Trust 8s 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, Trustor shall reimburse Lender for all costs and expenses incurred in connection with the
<br /> matters referred to in this paragraph.
<br /> Attomey-in-Fact. If Trustor fails to do any of the things referred to 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 of making,executing,delivering,fiNng,recording,and doing all
<br /> otfier 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 I.ndebtedness,including without limitation all future advances,when due,
<br /> and otherwise performs all the o6ligations imposed upon Trustor under this Deed of Trust, Lender shall execute and
<br /> d�eliver to Trustee a request for full reconveyance and shall execute and deliver to Trustor suitable statements of
<br /> termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal
<br /> Property. Any reconveyance fea required by law shalf be paid by Trustor,if permitted by applicable law.
<br /> EVENTS OF DEFAULT. Each of the following,at Lender's opaion,shall constitute an Event of DefauR under this Deed
<br /> of Trust:
<br /> Payment Default. Trustor fails to make any payment when due under the Indebtedness. �
<br /> OtRer Defaults. Trustor fails to comply with or to perform any other term, obligation, covenant or condotion
<br /> contained 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 /> Compliaoce Defauk, 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 /> Defauit on Othee Payments. Failure of Trustor within the time required by this Deed of Trust to make any paymeM
<br /> for taxes or insurance,or any other payment necessary to prevent filing of or to effect discharge of any lie�.
<br /> Default in Favor of Third Parties. Should G�antor defauR undet any loan,eztension ofi credit,security agreement,
<br /> purchase or sales agreement,or any other agreement,in favo�of any other creditor or person that may materially
<br /> affect any of Grantor's property or Grantor's a6iiity to repay the Indebtedness or Grantor's ability to perform
<br /> Grantor's o6ligations under thi5 Deed of Trust or any of dhe Rela{ed Documents.
<br /> False Statements. Any watranty, reoresentation oi staiement 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 /> eiiher now or at the time made or fumished 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 lien)at any
<br /> time and for any reason.
<br /> Insolvency. The dissolution or termination of Trustor's existe�ce as a going business,the insotvency of Trustor,
<br /> the appointrnent of a receiver for any part of Trustor's property,any assignme.nt for the benefit of creditors,any
<br /> type of creditor workout,or the commencement of any qroceeding under any bankruptcy or insoivency laws by or
<br /> against T�ustor.
<br /> Creditor or Forfeiture Proceedings. CommencemeM of foreciosure or forfeiture proceedings, whether by judicial
<br /> proceeding,self-help,repossession or any other method,by any creditor of Trustor or by any govemmental agEncy
<br /> against any property securing the Indebtedness. This indudes a garnishment of any of Trustor's accounts,
<br /> including deposit accounts,with Lender. However,ihis 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 c�editor or forfeiture �
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