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201211011
<br /> DEED OF TRt1S�"
<br /> Loan No: 81002047 (C01��iClLied) F'age 4
<br /> IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating
<br /> to governmental taxes,fiees and charges are a part of this Deed of Trust:
<br /> Current Taxes, Fees and Charges. Upon request by Lender, Trustor shall execute such documents in addition to
<br /> this Deed o'f Trust and take whatever other action is requested by Lender to perfiect and continue Lender's Iien on
<br /> the Reai Property. Ttustor shail reimburse Lender for all taxes, as described below, together witn aIi expenses
<br /> incurred in recording, perfec'ting or continuing this Deed oi Trust, including without limitation all taxes, fees,
<br /> documentary stamps, and other charges for recording or registering this Deed of Trust.
<br /> Taxes. The following shall constituYe taxes to which this section applies (1) a specifiic 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 specific tax on
<br /> Trustor which 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 this type of Deed of Trust chargeable against the Lender or the holder of the Note;
<br /> and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and i�nterest 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 event snail nave tne same effect as an Event ofi Default, and Lender may exercise any or all of its
<br /> available remedies 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 p�rovided above in tne 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 foJlowing 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 fixtures, and Lender shall have all of the rights ofi a secured party under the Uniform Commercial Code
<br /> as amended from time to time.
<br /> Security Interest. Upon request by Lender, Trustor shall 2ake whatever action is requested by Lender to perfect
<br /> and continue Le�nder's security interest in the Rents and Personal Property. !n addition to recording tnis Deed of
<br /> Trust in the real property records, Lender may, at any time and without further autho�rization from Trustor, file
<br /> executed counterparts, copies or reproductions ofi this Deed of Trust as a financing statement. TrusYor shall
<br /> reimburse Lender for all expenses incurred in perfecting or continuing tnis security interest. Upon default, Trustor
<br /> shail 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 reasonabiy convenieni 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. Tne mailing addresses ofi 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 ihe�First page of this Deed of Trust.
<br /> FURTHER ASSURANCES; ATTO�RNEY-IN-FACT.. The following provisions relating to further assurances 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 ofi 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, recoPded, refiled, or rerecorded, as the case may 6e, at such tirnes and in such offices
<br /> and places as Lender may deem appropri�:ate, any and ai! such mortgages, deeds of trust, security deeds, security
<br /> agreements, fiinancing statemen'ts, 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, compfete,
<br /> perfect, continue, or preserve (1) Trustor`s obligations under the Note, this Deed of Trust, and the Related
<br /> Documents, and f2) the liens and security interests created by this Deed of Trust as first and prior liens on the
<br /> Property, wheYher now owned or hereafiter acquired by Trustor. 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 io in this paragraph.
<br /> Attorney-in-Fact. If Trustor fai:ls 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 attomey-in-fact fior the purpose af making, executing, delivering, filing, recording, and doing all
<br /> other things as may be necessary or desirable, in Lender`s sole opinion, to accompiish tne matters referred to in
<br /> the preceding paragraph.
<br /> FULL PERFORMANCE. Ifi Trustor pays all ihe lndebtedness when due, anc! otherwise performs all the obligations
<br /> imposed upon Trustor under this Deed of TrusY, Lender shall execute and deliver to Trustee a request for full
<br /> reconveyance and shall execute and deliver to Trustor suitable statements of termination ofi any fiinancing statement on
<br /> file evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by law
<br /> shall be paid by Trustor,ifi permittetl by applicable law.
<br /> EVEIVTS OF DEFAULT. Each of the following, at Lender's opiion, shali 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 faiis to comply with or to perform any other term, obligation, covenant or cond:ition
<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 otner agreement between Lender and Trustor..
<br /> Compliance Default. Failure to comply with any other term, obligaiion, aovenant or condiiion contained in this
<br /> Deed of Trust,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 taxes o�insurance, or any other paymen�t necessary to prevent iiling of or to efifect 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 agreemeM, or any other agreement, in favor of any other creditor or person that may materially
<br /> affect any of Grentor's property or Grantor's ability to repay the Indebtedness or Grantor's ability to perform
<br /> Grantor's obfigations under this Deed of Trust or any of the Related Documents.
<br /> False Statements. Any warranty, represe:ntation or statement made or furnished to Lender by Trustor or on
<br /> Trustor's behalf under this Deed of Trust or the Reiated Documenis is false or misieading in any materi�al respect,
<br /> either now or at the time made or furnished or becornes false or misleading at any time thereafter.
<br /> Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to 6e in full force and
<br /> effiect (including fa:ilure of any collate�al documen2 to create a valid and perfected security interest or [ien) at any
<br /> time and for any reason.
<br /> Deatti or Insolvency. The death of Trusto�, ihe insolvency of Trustor,the appointment of a receiver for any part of
<br /> Trustor's property, any assignment for the benefit of creditors, any type of creditor workout, or the
<br /> commencement of any proceeding under any 6ankru�ptcy or insolvency laws by or against Trustor. �
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