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72-28-1999 �Q���� ��,9 DEED OF TRUST Page a
<br /> Loan No 1066406 (Continued)
<br /> payments on the Indebtedness secured by this type of Deed of Trust; (c)a tex on this type of Deed of Trust charpeable against the Lender or
<br /> the holder of the Note; and (d) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest 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 Trust,this event shaN have the
<br /> same effect as an Event of Default(as defined below),and Lender may exercise any or all of its available remedies for an Event of Defauft as
<br /> provided below unless Trustor either (a)pays the tax before it becomes delinquent,or (b)contests the tax as provided above in the Taxes and
<br /> Liens section and dep�iis with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender.
<br /> SECURITY AGREEMENT;FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part of
<br /> thls Deed of Trust. "
<br /> Security Aprsement. This instrument shall constitute a security agreement to the extent any of the Property constitutes fixtur� or other
<br /> personat property, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended kom Ume to
<br /> iime.
<br /> SecuHty Interest. Upon request by Lender,Trustor shall execute financing statements and take whatever oth�action is requested by Lender
<br /> to perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Deed of Trust in the real
<br /> property records,Lender may,at any time and without further suthorization from Trustor,file executed counterpe�ts,copies or reproductlons of
<br /> fhis Deed of Trust as a financing statement. Trustor shall reimburse Lender for all expenses incurred in perfectlnp or condnuirp this securlty
<br /> int�est. Upon default,Trustor shall assemble the Personal Property in a manner and at a place reasonably convenient to Trustor and Lender
<br /> and make it available to Lender within three(3)days after receipt of written demand from Lender.
<br /> Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party), '�om which information concerning the security interest
<br /> aantad by this Daad of Trust may be obtained(each as required by the Uniform Commercial Coda),aro as statad an fba 8rsst papo of INs D�ad
<br /> of Trust.
<br /> FURTHER ASSURANCES; ATTORNEY-IN-FACT. The foliowing provisions relating to further assurances and attorney-ir�fact are a pa�t of this
<br /> Deed of Trust.
<br /> Further Assurances. At any time,and from time to time, upon request of Lender,Trustor will make,execute and deliver, or will cause to be
<br /> made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, reNled, or
<br /> rerecorded,as the case may be,at such times and in such o�ces and plac�s as Lender may deem appropriate,any and all such mortgages,
<br /> deeds of trust,security deeds,security agreemenis,financing statements,continuation statements,instruments of further assurance,certiflcates,
<br /> and other documenis as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate,complete, perfect,condnue, or
<br /> preserve (a)the obligations of Trustor under the Note,this Deed of Trust,and the Related Documents,and (b)the liens and security interests
<br /> created by this Deed of Trust on the Property,whether now owned or hereafter acquired by Trustor. Unless prohibited by law or agreed to the
<br /> contrary by Lender in writing,Trustor shall reimburse Lender for all costs and expenses incurred in connec8on with the matters refen'ed to in
<br /> this paragraph.
<br /> Attomey-In-Fact. If Trustor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of
<br /> Trustor and at Trustor's expense. For such purposes,Trustor hereby ircevocably appoints Lender as Trustor's attorney-irHact for the pwpose
<br /> of making, executing, delivering, filing, recording, and doi�g all other things as may be necessary or desirable, in Lender's sole opiMon, to
<br /> axomplish the matters referred to in the preceding paragraph.
<br /> FIiL PERFORMANCE. If Trustor pays all the Indebtednass when due,and otherwise performs all the obligations imposed upon Trustor under this
<br /> Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to Trustor suitable
<br /> statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Any
<br /> reconveyance fee required by law shall be paid by Trustor,if permitted by applicable law.
<br /> DEFAI�T. Each of the foilowing,at the option of Lender,shall constitute an event of default("Event of Default'�under this Deed of Trust:
<br /> Def�ult on Indebtedness. Failure of Trustor to make any payment when due on the Indebtedness.
<br /> Defauit on Other Payments. Failure of Trustor within the time required by this Deed of Trust to make any payment for taxes or insurance,or
<br /> any other payment necessary to prevent filing of or to effect discharge of any lien.
<br /> Compliance Default. Failure of Trustw tb comply with any other term, obligaUon,covenant or condidon confained in this Deed of Trust,th�
<br /> Note or in any of the Related Documents.
<br /> False Statements. Any warranty,representation or statement made or furnished to Lender by or on behalf of Trustor under this Deed of Tnrst,
<br /> the Note or the Related Documents is false or misleading in any material respect,either now or at the time mede or furnished.
<br /> Defective CollateraBzation. This Deed of Trust or any of the Related Documents ceases to be in full force and effect(includinq failure of any
<br /> collateral documents to create a valid and perfected security interest or lien)at any 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 Trustor's property, any
<br /> asst�nment for the benefit of creditors, any lype of creditor workout, or the commencement of any proceeding under any bankruptcy or
<br /> insdvency taws by or against Trustor.
<br /> Foreclosure,Forfelture,etc. Commencement of foreclosure or forfeiture proc6edings,whether by judicial proceeding,selt-help,repossession
<br /> or any other method,by any creditor of Trustor or by any governmental agency against any of the Property. However,this subsection shaN not
<br /> apply in the event of a good faith dispute by Trustor as to the validity or reasonableness of the claim which is fhe basls of fhe foredosure or
<br /> forefefture proceeding, prov(ded that Trustor gives Lender written notice of such claim and furnishes reserves or a surety bond for the daim
<br /> saHstactory to Lender.
<br /> Breach of Other Apreement. Any breach by Trustor under the terms of any other agreement between Trustw and Lender that is not remedied
<br /> within any grace period provided therein,including withoutaimitation any agreement concerning any indebtedness or other oblipatlon of Trustor
<br /> to Lender,whether existing now or later.
<br /> Eventa Affectiny Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness ar any Guerantor
<br /> dies or becomes incompetent, or revokes or disputes the validity of,or liability under,a�y Guaranty of the Indebtedness. Lender,at its opHon,
<br /> may, but shall not be required to, permit the Guarantor's estate to assume uncondidonally the obligations arisinq under the guarany in a
<br /> manner satisfactory to Lender,and,in doing so,cure the Event of Default.
<br /> InaeCu�lty. Lender in good faith deems itself insecure.
<br /> E�dstin�Indebtedness. A default shall occur under any Existing Indebtedness or under any instrument on the Property securing any Existlng
<br /> Ind�tedness,or commencement of any suit or other action to foreclose any existing lien on the Property.
<br /> Filyht to Cure. If such a failure is curabte and if Trustor has not been given a notice of a breach of the same provision of this Deod of Trutt
<br /> within the preceding twelve (12) months, it may be cured (and no Event of Default will have occurred) if Trustor, after Lender sends wriHen
<br /> notice demanding cure of such failure: (a)cures the failure within ten(10)days;or (b)if the cure requires more than ten(10)days,immediately
<br /> initlates steps sufficient to cure the failure and thereafter continues and complates all reasonable and necessary steps suffident to produoe
<br /> compliance as soon as reasonably practical.
<br /> RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any Nme thereafter,Trustee or Lender,at Hs option,
<br /> may exercise any one or more of the following rights and remedies,in addition to any other rights or remedies provided by law:
<br /> Acceleration upon Defeufl; Additional Remedies. If any event of default occurs as per the terms of the Note secured hereby,Lender may
<br /> declare ali Indebtedness secured by this Deed of Trust to be due and payable and the same shall thereupon become due and payeble without
<br /> any pr�entment,demand,protest or notice of any kind. Thereafter,Lender may:
<br /> (a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and withoW
<br /> regard to the adequacy of its security,enter upon and take possession of the Property,or any part thereof,in its own name or in the name
<br /> of Tn�tee,and do any acts which it deems necessary or desirable to preserve the value,marketabiliiy or rentability of the Properiy,or pert
<br /> of the Prope�ty or interest in the Property;Increase the income from the Properiy or protect the security of the Property;and,with or wNhout
<br /> taking possession of the Property,sue for w othervvise collect the rents,issues and profits of the Property, includinq those past due and
<br /> unpaid,and apply the same,less costs and expenses ot operation and collection,including attorneys'fees,to any indebtedness secured
<br /> by thls Desd of Trust,all in such order as Lender may determine. The entering upon and taking possession of the Property,the cdlectlon
<br /> of such rents,issues and profits,and the application thereof shall not cure or waive any defautt or notk;e of default under this Deed of Trust
<br /> or invalidate any act done in response to such default or pursuant to such notice of default; and, notwithstanding the conHnuance In
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