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201400240
<br /> DE�D QF TRUST
<br /> Loan No: 10008537 {Corttinued) Page 4
<br /> becomes delinquent, or (2) contests the tax as pravided above in the Taxes and Liens section and deposits with
<br /> Lender cash or a sufficient corporate surety bond or otE�er security satisfactory to Lender.
<br /> SECURITlf AGREEMENT, FINANC[HG STA'fEMENTS. The following provisions relating to this DEECJ of Trust as a
<br /> security agreement are a part of this �eed of Trust:
<br /> 5ecurity Agreement. This instrumen# shall constitute a Security Agree�nent to the extent any of the Property
<br /> constitutss fixtures, and Lender shall have al� of the rights of a secured party uncfer the Uniform Commercial Code
<br /> as amended from time to time.
<br /> Security [nteresY. Upon request by Lender, Trustor shall take whaie�er action is requested by Lender to perfect
<br /> and continue Lender's securi�y interest in the Personal Property. In addition to recording this Deed of Trust in the
<br /> real properry recards, Lender may, at any time and without further authorization from Trustor, fife executed
<br /> counterparts, copies or reproductions of this Deed of Trust as a financing statement. Trustor shall reimburse
<br /> Lender for all expenses incurred in perfecting or coniinuing this security inierest_ Upon default, Trustor shall not
<br /> remo�e, sever or detach the Personal Property fram Yhe Property. Upon default, Trustor sha[I assemble any
<br /> Personal Property not a�fixed to #he Properiy in a manner and at a place reasonably canvenient to Trustor and
<br /> Lender and make it available to Lender within three ;3► days afYer receipt of wriYCen demand from Lenrier Yo the
<br /> ex#ent perrrtitted by applicable law.
<br /> Addresses. 7he mailing adciresses of Trustor {c[ebtor} and Lender {secured parCyl from which informatioro
<br /> concerning the securi'ry interest granted by this �eed af Trust may be ah#ained feach es required by the Uniform
<br /> Commercial Code} are as stated on tne first page of this Deed of Trust.
<br /> FllRTNER ASSURANCES: ATT�RNEY-[l�!-FACT. Fhe foElowing provisions rela#ing to 'further assurances and
<br /> attomey-in-fact are a part of this �eed of Trust:
<br /> FurEher Assorances. At any time, and from time to time, upon request of Lender, 7rustor 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 /> Le�der, cause to be filed, recorded, refi[ed, ar rerecorded, as the case may be, at such times and in such offices
<br /> and plaees as �ender may deem apprapriate, any and all such mortgages, deeds of trust, security deeds, security
<br /> agreemenis, financing statements, continuation statements, instruments of further assurance, certificates, and
<br /> other dacuments as may, in the sole opinion of Lender, be necessary or desira6le in order to effectuate, comple#e,
<br /> perfect, continue, or preser�e ;1} �rustor's obligations under the �Eote, this Deed of Trust, and the Re[ated
<br /> Documents, and {2I the liens and security interests created by this Deed of l-rust on the Property, whether now
<br /> owned or hereafter acquired by Trustor. lJnless prohibited by law ar Lender agrees to the contrary in writing,
<br /> Trustor shalf reimburse Lender fior all costs and expe�ses i�curred in connection with the matkers referred to i�this
<br /> paragraph.
<br /> Attorney-in-Fact. ff 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 3rustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints
<br /> Lender as Trustor's attarney-in-fact for the purpase 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 PERFQF€MANCE. If Trustor pays all the Indebtedness when due, and otherwise performs a!I the ohligations
<br /> imposed upon Trustor under tF�is Deed of Trust, Lender sE�al[ execute and deliver to Trustee a request for full
<br /> reconveyance and shall execute and deliver to Trustor suitable statements of termination of any financing statement on
<br /> file evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance fiee required by[aw
<br /> shall be paid by Trustor, if permiEied by applicab[e law.
<br /> EVEN7S OF �EFAUL7. At Lander's option, Trustor will be in default under this Deed o� 7rust if any of the following
<br /> happen:
<br /> Payment Default. Trustor fails to ma[ce any payment when due under the Indebtedness.
<br /> Break Other Promises. Trustor breaks any promise made to Lender or fails to perform prompt[y aY the time anci
<br /> strictly in the ma�ner provided in this Deed of Trust or in any agreement related to this �eed of Trust.
<br /> Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this
<br /> Deed of Tr�st, 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 or insurance, or any pther payment necessary to prevent filing of or to effect discharge of any[ien.
<br /> Default in Favor of Third Parties. Should Grantar defau[t under any ]oars, 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 Grarstor's property or Grantor's abi]ity to repay the Indebtedness or Grantor's ability to perform
<br /> Grantor's o6ligatibns under this Deed of Trust or any ofi the Related Documents.
<br /> False 5tatemenis. Any representation or statement made or furnished to Lender by Trustor or on Trustor's behalf
<br /> under this Deed of Trust or the Related Documents is false or misleading in any material respect, either now or at
<br /> the time rriade or f�rnished.
<br /> Defecti�e Collateralization. This Deed of Trust ar any of the Related Documents ceases to be in full force and
<br /> effect (including failure of any coliateral document to create a valid and perfected security interest or lien) at any
<br /> time and for any reasan.
<br /> Death or Insol�ency. l-he death of�Crustor,the insof�ency of 3�rustor,the appointment of a receiver for any part of
<br /> Trustor's properEy, any assignment for the benefit of creditors, any type o'f creditor workout, or the
<br /> commencement of any proceeding under any ban[cruptcy or insolvency[aws by or against Trustor.
<br /> Ta&ing of the Property. Any creditor or governmenta€ agency tries to take any of the Property or any other of
<br /> 7rustor's property in which Lender has a lien. This includes tafcing of, garnishing of or levying on Trustor's
<br /> accounts with Lender. Howe�er, if Trustar disputes in good faith whether the c[aim on which the Laking of the
<br /> Property is based is valid or reasona6le, and if Trustar gives Lender written notice of the claim and fumishes
<br /> Lender with rrtonies or a surety bond satisfac#ory to Lender to satis€y the claim, then this default provision wilt not
<br /> apply.
<br /> Breach of Other Agreement. Any breach by Trustor under the terms of any other agreement between Trustor and
<br /> Lender that is not ramedied within any grace period pro�icled therein, including without IimitaYion any agreemeni
<br /> concerning any indebiedness or other obligation of Trustor to Lender, w[�ether existing naw or[ater.
<br /> Errents AfFecting Guaran#or. Any of the preceding events occurs with respect to any guarantor, endorser, surety,
<br /> or accommodation party of any pf the Indebiedness or any guarantor, endorser, surety, or accommodation party
<br /> dies or becomes incompetent, or revokes or disputes the validity of, or liabili'ty under, any Guaranty of the
<br /> � Inde6tedness.
<br /> Insec�ritv. Lender in good faith 6elieves iYself insecure.
<br /> Existing Indebtadness. The payment of any installment of principa] or any interest on the F�cis#ing Indebtedness is
<br /> not made within che time required by ihe promissory note evidencing such indebtedness, or a defau[t occurs under
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