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201404185
<br /> DEE� OF TRUST
<br /> Loan No: 10009881 (ContinUed) Page 4
<br /> Trust, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its
<br /> availabie remedies for an Event of DefauR as provided below unless Trustor either (1) 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 /> �ender cash Or a sufficient corporate surety bond or other security satisfiactory 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 shail constitute a Security Agreement to the extent any of the Property
<br /> constitutes fixtures, and Lender shali 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 interest in the Personal Property. In addition to recording this Deed of Trust in the
<br /> real property records, Lender may, at any time and without further authorization from Trusto�, file executed
<br /> counterparts, copies or reproductio'ns of this Deed of Trust as a financing statement. Trustor shall reimburse
<br /> Lender for all 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 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 (debtor) and Lender (secured party) from which in.formafion
<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 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 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, 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 desirable in order to effectuate, complete,
<br /> perfect, continue, or preserve (T) Trustor's obligations under the Note, this Deed of Trust, and the Refated
<br /> Documents, and (2) the liens and security interests created by this Deed of Tru§t on the Property, whether now
<br /> owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writing,
<br /> Trustor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this
<br /> 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 Trusrtor's expense. Fo�such purposes, Trustor hereby irrevocably appoints
<br /> Lender as Trustor's attorney-in-fact for 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 when due, and otherwise performs all the obfigations
<br /> imposed upon Trustor under this Deed of Trust, Lender shall executa and deliver to Trustee a request for full
<br /> reconveyance and shall execute and defiver to T�ustor suitable statements of termination of any financing statemeni on
<br /> file evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance fee �equired by law
<br /> shall be paid by Trustor, if permitted by applicable law.
<br /> EVENTS OF DEF/aULT. At Lender's option, Trustor will be in default under this Deed of Trust if any of the following
<br /> happen:
<br /> Payment De#ault. Trustor fails to make any paymenx when due under the Indebtedness.
<br /> Brealc 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 Deed of Trust or in any agreEment related to this Deed of Trust.
<br /> Compiiance Defaul#. Failure to comply with any other term, obligation, covenant or condition contained in this
<br /> Deed of Trust, tfie 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 other payment necessary to prevent filing of or to effect 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 agreement, or any other agreement, in favor of any other creditor or person that may materially
<br /> affect any of Grantor's property or Grantor's abitity to repay the Indebtedness or Grantor's abifity to perform
<br /> Grantor's obfigations under this Deed of Trust or any of the Related Documents.
<br /> Falss Statements. Any representation or statement made or fumished to Lender by Trustor or on Trustor's behalf
<br /> under this Deed of Trust or the Related Documerns is false or misleading in any material respect, either now or at
<br /> the time matle or furnished.
<br /> Defective Gollateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and
<br /> effect (including fail.ure of any collateral document to create a valid and perfected security interest or lienj at any
<br /> time and for any reason.
<br /> Death or Insolvency. The death of Trustor, the insoivency of Trustor, the appoin�ment of a receiver for any part of
<br /> Trustor's property, any assignment for the benefit ofi creditors, any type of creditor wori<out, or the
<br /> commencement of any proceeding under any bankruptcy or insolvency laws by or against Trustor.
<br /> Talcing of the Property. Any creditor or governmental agency tries to take any of the Property or any other of
<br /> Trustor's property in which Lender has a lien. This includes taking of, garnishing of or levying on Trustor's
<br /> accounts with Lender. However, if Trustor disputes in good faith whether the claim on which the taking of the
<br /> Property is based is valid or reasonable, and if Trustor gives Lender written notice of the claim and furnishes
<br /> Lender with monies or a surety bond satisfactory to Lender to satisfy the claim, then this defauit provision will not
<br /> aPP�Y•
<br /> Breach of Other Agreement. Any breach by Trustor under the terms of any other agreement between Trustor and
<br /> Lerader that is not rernedied within any grace period provideci theeein, including witfiou� limitation any agreement
<br /> concerning ar�y indebtedness or other obtigation of Trustor to Lender, whether existing now or iater.
<br /> Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety,
<br /> or accommodation party gf any of the Indebtedness or any guarantor, endorser, surety, or accommodation party
<br /> dies or becomes incompetent, or revol<es or disputes the validity of, or liability under, any Guaranty of the
<br /> Indebtedness.
<br /> Insecurity. Lender in good faith believes itself insecure.
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