201400262
<br /> DEED OF TRUST
<br /> Loan No: 10008363 (COt1tlnUed) Page 4
<br /> Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of
<br /> T�ust, this event shal! have the same effect as an Event of Default, and Lender may exercise any or all of its
<br /> aveifable remedies for an Event of Default as provided below unless Trustor eithar (1] pays the tax before it
<br /> becomes delinquent, or (2) contests the tex as provided above in the Taxes and Liens sectian and depasits with
<br /> Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender.
<br /> SECURITY AGREEMENT; FINANCIN(i STATEMENTS. Tha following provisions relating to this Deed of Trust as a
<br /> securlty agreement are a part of this Deed of Trust:
<br /> Security Agraement. This instrument sha11 constitute e Security Agreement to tha extent any of the Property
<br /> constitutes fixtures, and Lender shell have a!I 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 interest in the Personal Property. In additfon to recording this Deed of Trust in the
<br /> real property records, Lender may, et any time and without further authorization from Trustor, file executed
<br /> counterparts, copies or reproductfons of this Deed of Trust as a financing statement. Trustor shall reimburse
<br /> Lender for al! expenses incurred in perfecting or continuing this security interest. Upon default, Trustor shall not
<br /> remove, sever or detach the Personal Property from the Property. Upon default, Trustor shall assemble any
<br /> Personal Property not affixed to the Property in a menner and at a plece reasonably convenient to Trustor and
<br /> Lender and make it available to Lender within three (3! days efter receipt of written demand from Lender to the
<br /> extent permitted by applicable law.
<br /> Addresses. The mailing addresses of Truator (debtor) and Lender (secured party! from which information
<br /> concerning the security interest granted by thfs Deed of Trust may ba obtained (each as required by the Uniform
<br /> Commercia!Code) are as stated on the first page of this Deed of Trust.
<br /> FURTHER ASSURANCES; ATTORNEY-IM-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 of Lender, Trustor will make, execute and
<br /> deliver, or wi11 cause to be made, executed or delivered,to Lende�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, security deeds, security
<br /> agreements, financing statements, continuation statements, instruments of further assurance, certificates, and
<br /> other documents ae may, in the sole opinion of Lender, be�ecessary or desirable in order to effectuate, complete,
<br /> parfect, continue, or preserve (1) 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 of Trust on the Property, whether now
<br /> ownad or hereafter acquired by Trustor. Unfess prohibited by law or Lender agrees to the contrary in writing,
<br /> Trustor shall reimburse Lender for a11 costs and expenses incurred in connection with the metters referred to in this
<br /> paragraph.
<br /> Attornay-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 tha name of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appo9nts
<br /> Lender as Trustor's attorney-in-fact for the purpose of ineking,executing, delivering, filing, recording, and doing all
<br /> other things as may be necessary or desirable, in Lender's sole opinion, to eccomplish the matters referred to in
<br /> the preceding paragraph.
<br /> FULL PERFORMANCE. If Trustor pays all the Indebtedness when due, and otherwise performs all the obligations
<br /> imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full
<br /> reconveyance and shall execute and deliver to Trustor suitab�e statements of termination of any financing statement on
<br /> file evidencing Lender's security interest in the Rents and the Personal Properry. Any reconveyance fee required by law
<br /> shall be paid by Trustor, if permitted by epplicabfe law.
<br /> EVENTS OF DEFAULT. At Lender's option, Trustor will be in default under this Deed of Trust if any of the following
<br /> hapAen:
<br /> Paymant Dafauk. Trustor fails to make any payment when due under the Indebtedness.
<br /> Break Other Promises. Trustor breaks any promise made to Lender or fails to perform promptly at the time and
<br /> strictly in the manner provided in this Dead of Trust or in any agreement related to this Deed of Trust.
<br /> Compliance Dafauh. Failure to comply with eny other term, obligation, covenant or condition contained in this
<br /> Deed of Trust,the Note or in any of the Related Documents.
<br /> Defauft on Othar Payments. Failure of Trustor within the time required by this Deed of Trust to make any payment
<br /> for taxes or insurance,or any other payment necessary to prevent filing of or to effect discharge of any lien.
<br /> Defauft in Favor of Third Parties. Should Grantor dafault 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 materielly
<br /> effect any of Grantor's proparty or Grantor's ebility to �epay the Indebtedness or Grantor's ability to perform
<br /> Grantor's obligations under this Desd of Trust or any of the Related Documents.
<br /> False Statements. Any representation or statement made ar 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 tims made or furnished.
<br /> Defective Colleteralization. This Deed of Trust or any of the Related Documents ceases to be in full force and
<br /> effect (including failure of any collateral dacument to create a valid and perfected security interest ar Iien) at any
<br /> time end for eny reeson.
<br /> Death or Insolvency. The death of Trustor,the insolvency of Trustor,tha appointment of a receiver for any pert of
<br /> Trustor's proparty, any assignment for the benefit of creditors, any type of creditor workout, or the
<br /> commancement of any proceeding under any bankruptcy or insolvency laws by or against Trustor.
<br /> Taking of the Property. Any creditor or governmantel agency tries to take any of the P�operty or any other of
<br /> Trustor's property in which Lender has a Nen. Thls includes taking of, garnishing of or levying on Trustor's
<br /> accounts with Lender. However, if Trustor disputes in good faith whether the cleim on which the taking of the
<br /> Properry is besed is valid or reasonable, and tf Trustor gfves Lender written notice of the claim and furnishes
<br /> Lender with monies or a surety bond satisfactory to Lender to satisfy the claim, then ihis default provision will not
<br /> apply.
<br /> Breach of Other Agreemer�t. Any breach by Trustor under the terms of any other agreement between Trustor and
<br /> Lender that is not remediad within any grace period provlded therein, including without limitation any agreement
<br /> concerning any Indebtedness or other obligation of Trustor to Lender, whethar existing now or later.
<br /> Everrts Affecting (ivarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety,
<br /> or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party
<br /> dies or becomes incompetent, or revokes or disputes the valfdlty of, or liability under, any Guaranty of the
<br /> Indebtedness.
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