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201210945
<br /> DEED OF TRUST
<br /> Loan No: 87007783 (COntinued) Page 4
<br /> to governmental taxes,fees and charges are a part of this Deed of Trusi:
<br /> Current Taxes, Fees and Charges. Upon request by Lender, Trustor shall execute such documeMs in addition to
<br /> this Deed of Trust and take whatever other action is requested by Lender io 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 continuing this Deed of Trust, including without limitation all taxes, fiees,
<br /> documentary stamps, and other charges for recording or registering this Deed of Trust.
<br /> Taxes. The foilowing shali constitute taxes to which this section applies: ('I) a specific tax upon this type ofi
<br /> Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust (2) a specifiic tax on
<br /> Trustor whi�ch Trustor is authorized or required to deduct from payments on the Indebtedness secured by this type
<br /> ofi Deed of Trust; (3) a tax on tnis type of Deed of Trust chargeable against the Lender or the holder of the Note;
<br /> and (4) a specifi�c tax on all or any portion of the Indebtedness or on payments o'f principal and interest made by
<br /> '�'Trustor.
<br /> Subsequent Taxes. If any tax to which this section appiies is enacted subsequent to the date of this Deed of
<br /> Trust, this event shall have the same effect as an Eve:nt of Defauk, and Lender may exercise any or all ofi its
<br /> available remedies for an Event of Default as provided below unless Trustor either ('I) 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 security satisfactory to Lender.
<br /> SECURITY AGREEMENT; FINANCING $TATEMENTS. The foflowing provisions relating to this Deed of Trust as a
<br /> security a.greement are a part of this Deed o#Trust:
<br /> Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property
<br /> constitutes fiixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Cotle
<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 the Rents and Personal Property. In addition to record�ing this Deed of
<br /> Trust in the real property records, Lender may, at any time and without further authorization from Trustor, fiile
<br /> executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Trustor shaii
<br /> reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Trusto�r
<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 Property in a manner and at a place reasonably convenient to Trustor and
<br /> Lender and make it available 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 (de6tor) 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 further assurences and
<br /> attorney-in-fact are a part of this 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 req.uested 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, 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 desi�able in ortler to efifectuate, complete,
<br /> perfect, continue, or preserve (9) Trustor's obligations under the Note, this Deed of Trust, and the Related
<br /> Documents, and (2) the liens and security interests created by this Deed ofi Trust as first and prior liens on the
<br /> Property, whether now owned or hereafter acquired by Trustor. Unless prohibited by Faw or Lender agrees to the
<br /> contrary in writing, Trustor shall ieimbuise Lender fior all costs and expenses incurred in connection with Yhe
<br /> matters referred to in tnis paragraph.
<br /> Attorney-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 irrevocabiy appoints
<br /> Lender as Trustor's attomey-in-facf fior 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 Indebtedness, including without limitation all future advances, when due,
<br /> and otherwise performs all the obligations imposed upon Trusior under this Deed of Trust, Lender shall 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 statement 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 /> Payment 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 ofi the Refated 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, o6ligation, covenant or condition contained i�n this
<br /> Deed of Trust,the Note ot in any of the Related Documents.
<br /> Default on Other Payments. Failure of Trusior within fhe time required by this Deed of Trust to make any payment
<br /> fior taxes or insurance, or any other payment necessary to prevent filing of or to effect discnarge of any lien.
<br /> Environmental Default. Failure of any party to comply with or perform when due any term, obligation, covenant or
<br /> condition contained in any environmenial agreement executed in connection with the Property. �
<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 crediior or person that may materiafly
<br /> affect any of Grantor's property or G.rantor's ability to repay the Indebtedness or Grantor's ability to perform
<br /> Grantor's obligations under this Deed of Trust or any ofi the Related Documents.
<br /> False Statements. Any warranty, re�.presentatio�n or statement made or furnished to Lender by Trustor or on
<br /> Trustor's behalf under this Deed of Trust or the Related Docnments is false or misleading in any material respect,
<br /> either now or at the time made or fumished or becomes false or misleading at any time thereafter.
<br /> Defective Coltateralization_ This Deed of Trust or any of the Related Documents ceases to be in full force and
<br /> effect (including failure ofi any collateral document to create a valid and perfected security interest or lien) ai any
<br /> time and for any reason.
<br /> Death or Insolvency. The death of Trustor,the insolvency of Trustor, the appointment of a receiver for any part of
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