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201500966 DEED O� TRUST Loan No: 1a�092605 (Continued) Page 4 Trust, this evenT shall have the same efifect as an Event of Default, and Lender may exercise any or alE of its available remedies for an E�ent of Default as provided below unless Trustor either ;1) pays the tax before it 6ecomes delinquent, or f2) contests the tax as provided above in the Taxes and Liens section and depasits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECi1RITY AGR@EMENT; FINANCENG STATEIVEENTS. The foflowing provisions re€ating to this Deed of Trus't as a security agreement are a part of t[�is �eec[of Trust: Security Ngreement. This irsstrument shali constitute a 5ecurity Agreernent to the extent any ofi the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time_ Secari#y lrrterest. Upon reques# by Lender, 7rustor shall ta[ce whatever action is reqisesteci by Lender to perfect and continue Lender's security interest in the Personal Property. In addition to recording this Deed ofi Trust in the real properiy records, Lender may, at any time ancf without fe�rYher authorization from Trustor, file executed caunterparts, copies or reproductions of this deed vf Trust as a fir�ancing s#atemsn#. Trustor shal[ reirnburse Lender for a[I expenses incurred in perfecting or continuing this security interest. Upon default, Trustor shal] not remove, se�er or detach the Personal Property from the Property. Upon default, Trustor shall asserr�6Ee any Parsonal Properiy not affixed to the Property in a manner and at a place reasonably convenient to Trustor and Lender and make ix available to Lender within three [3} days afCer receipt of written detnand from Lender to the extent permitted by applicab�e law_ Addresses. The mailing addresses of Trustar (debtor} and Lender (secured party} from which information concerning the security interest granted by this deed of Trust may be obtained (each as required by the Uniform Corr�mercial Code} are as stated on the firsY page of this Deed of Trust. FURTHER ASSURANCES; ATTDRNEY-IN-FACT. The following provisions relating tv further assurances and attvrney-in-fac�are a part of this Deed of Trust: Further Assurances. At any time, and from time to time, upon request of Lender, Trustor will make, execute and deliver, or wiEl eause to be made, executed or deEivered,to Lender or to Lender's designee, and when requested by Lender, cause to be fiied, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and a!I such mortgages, deeds of trust, security deeds, security agreements, finarscing statements, continuation sEateme�ts, instruments of further assurance, certificates, and other documents as may, in the sole apinion af Lender, be necessary or desirab[e in order to effectuate, complete, perfect, continue, or preser�e {[} 7rustor's o6ligations under the f�lote, Chis Deed of Trust, and the Related Dacurrrents, and {2] the liens and security interests created by this Deed of Trust on the Property, whether now owned or hereafiCer acquired by Trustor. Unless prohibited by law or Lentler agrees to the contrary in writing, Trustor shall reim6urse Lender for all costs and expenses incurred in connectior�with the matters referred to in this paragraph. Attomey-in-Fact. If Trustor fails to do any of the things referred to in ti�e preceding paragraph, Lender may do so for and in the name ofi Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints Lender as Trustor's attorney-in-fact for the purpose of making, executing, delivering, filing, recording, and doing all other things as may i�e necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. Fl1LL P�RFORIUTANCE. If Trustor pays a[I the Indebtedness when due, and otherwise perForms a[I the obligations imposed upon TrusEor under this Deed of Trust, Lender shali execute and deliver to Trustee a request for full reconveyance and shall exeeute and deliver to Trustor suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by[aw shafl be paid by Trustor, if permitted by applicable law. EVENTS OF DEFAULT. At Lender's option, Trustor wiEl he in default under this Deed of Trust ifi any of the following happen: Payment default. 7rustor fails to make any payment when due under the [nde6tedness. Break Other Promises. Trustor breaks any promise made to Lender or fails to perform prosnptly at the time and strictly in the manner provided in this Deed of Trust or in any agreement related to this Deed of Trust. Compliance Default. Failure to comply with any other terrn, obligation, covenant or condition contained in this Deed of Trust,the Note or in any of Ehe RelaEed documents. Defau[t on Other Payments. Failure of Trustor within the time required by this Deed of Trust tp make any payment for taxes or insurance,or any other payment necessary to prevent filing of or to effect discharge of any[ien. Refau[t in Fa�or of Third Parties. Should Grantor default under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in fa�or of any other creditor or person that may materially affect any of Grantor's property or Gran#or's ability to repay the Indebtedness or Grantor's ability to perform Grantor's o6ligations under this Deed of Trust or any of the Related Documents. False Statements. Any representation or statement made or furnished to Lender by Trustor or on Trustor's behalf under this Deed of Trust or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished. Defecti�e Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and effect (inc[uding failure of any collateraE document to create a valid ancf perfected security interest or lien] at any time and ffor any reason. Death or �nsol�ency. The deaFh of Trustor, the insolvency of Trustor, the appointment of a receiver for any part of 7rustor's property, any assignment for tf�e benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankrupicy or insolvency[aws by or against Trustor. 'Faking of the Property. Any creditar or governmenta] agency tries to take any o€ the ProperCy or any ather of Trustor's property in wh'sch Lender has a lien. This includes taking pf, garnishing pf or le�ying on Trustor's accounts with Lender. However, if Trustor disputes in good faith whether the claim on whici� the taking of the Property is based is �alid or reasonable, and if Trustor gives Lender written notice of the claim and fumishes Lender with monies or a surety bond satisfactory to Lender to satisfy ihe c[aim, then this default provision wili not apply. Breach of Other Agreement. Any breach by Trustor under the terms of any ather agreemsnt between Trustor and Lender that is not remedied within any grace period provided therein, incfuding without [imitation any agreement concerning any indebtedness or other obligation of Trustor to Lender, whether existing now or[ater. Events Affecting Guararrtor. Any of the preceding e�ents occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the [ndebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or [iability under, any Guaranty of Ihe Indebtedruess. Insecurity. Lender in good faith believes itself insecure.