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2� 1 ��557�
<br /> vEEa oF TRusT
<br /> �Continued� Page 4
<br /> Taxes. The following shall cvnstitute taxes tv which this section applies; �i y a specific tax upvn this type of
<br /> ❑eed o# Trust or upon a!I or any part o�the Indebt�dness secured by this ❑�ed af Trust; ��� a speci�ic tax vn
<br /> Borrvwer which Borrowec is authorized vr required tv deduct from paymen�s vn the �ndebtedness s�cured by this
<br /> type �� Deed ❑f Trust; t3y a tax an this type of Deed of Trust chargeable against the Lender or th� hoider��the
<br /> Nnte; and t4y a spec�fiic tax on all or any portion of the Indebtedness or on payments ❑f principa! and �nterest
<br /> made by Borrower.
<br /> 5ubsequent Taxes. If any tax to wh�ch this section applies is enacted subsequent to the date af this ❑eed �f
<br /> Trust, this e�ent shall ha�e the same effect as an Event of Default, and Lender may exercise any or all of its
<br /> a�ailable remedies for an E�ent of De#ault as pro�ided bel�r►v uniess Trustor either �1 y pays the tax befare it
<br /> becomes del�nquent, or {2� contests the tax as pro�ided aba�e in the Taxes and L'r�ns section and depvsits with
<br /> Lender cash or a suf#��ient carpo�ate surety bond ar other security satisfactory to Lender.
<br /> SEGURITY AGREEMENT; FINANCING STATEIIAENTS. The follow�ng pro�isions relating to this �eed of Trust as a
<br /> security agreement are a part of this ❑eed of Trust:
<br /> Security Agreement. This instrument shali �onstitute a 5e�urity Agreement tv the extent any of the Prvperty
<br /> c�nstitutes fixtures, and Lender shall ha�e all of the rights of a secu�ed party under the Unifvrm Cvmmercial �ade
<br /> as amended from time to time.
<br /> Se�urity Interest. Upon request �y Lender, Trustor shall tak� whate►►er action is requested hy Lend�r t❑ perfect
<br /> and �ontinue Lender's security interest in the Rents and Persvnal Proper#y. In addition to recarding this Desd ofi
<br /> Trust in the real property recards, Lend�r may, at any time and withaut further author�zation f�om Trustor, file
<br /> executed cvunterparts, capies ar reproductions v# this ❑eed vf Trust as a financing statement. Trustvr shall
<br /> reimburse Lender for all exp�nses incurred in perfecting ❑r continuing this security interest. Upon default, Trustor
<br /> shall not remo�e, se�er or detach the Personal Prvperty from the Property. Upon de#ault, Trustvr shall assembl�
<br /> any Personal Property nvt affixed to the Property in a manner�nd at a place reasonably can�enient#o Trustor and
<br /> Lend�r and make it a�ailable to Lender r►vithin three t3� days after receipt vf written demand �rom Lender tv the
<br /> extent permitted hy app�icable law.
<br /> Addresses. The maiiing addresses af Trustor �debtory and Lender �secured partyy fram wh�ch inform�tion
<br /> concerning the security interest granted by this Deed of Trust may be obtained �each as required by the Uni#arm
<br /> Commercial Code; are as stated on the first page of this Deed of Trust.
<br /> FURTHER ASSIJRANCES: ATT�RNEY-IN-FACT. The foI#vwing pro�is�ons relating to further assurances and
<br /> attarney-in-fact are a part of this ❑eed vfi Trust:
<br /> Fur�her Assurances. At any time, and from time tv time. upon r�quest af Lender. Trustor wi�� mak�, exe�ute and
<br /> de�i�er, or will �ause t❑ be made, executed�r deli�ered, to Lender or to Lender's designee, and when requested k�y
<br /> Lender, cause to be filed, recorded, refiled, ❑r rerecarded, as the �ase may be, a# such �imes and in such o#ficgs
<br /> and places as Lender may deem appropriate� any and all such mvrtgages, deeds of trust, se�urity deeds. security
<br /> agreements, finan�ing statements, cvntinuativn statements, instruments of further assuran�e, cer#ificates� �nd
<br /> othsr documents as may, in the sole opinivn of Lender, be necessary or desirable in vrder to effeGtuate� complete,
<br /> perfsct, continue, or preser�� �1 y Bvrrower`s and T�ustor's obligations under the Note, this Deed of Trust, and
<br /> the Relat�d ❑ocuments, and �2� the liens and se�urity interests created by this Deed of Trust nn the P�rop�rty,
<br /> whether now�wned or hereafter acquired by Trustar. Unless prohibited by law or Lender agrees to the contr�ry in
<br /> writ�ng, Trustor shall reimhurse Lender for all costs and exp�nses incurred in c�nnec#ion with the matters referred
<br /> to in this paragraph.
<br /> Attorney-in-F�ct. If Trustv�r fails to do any of th�things referred to in the preceding paragraph, Lender may do sv
<br /> #ar and in the name of Trustor and at Trustvr's expense. For such purposes, Trusto� herehy ir�re�ocs�bly appoints
<br /> Lender as Trustvr`s at�vrney-in-fact fvr the purpose of making, exe�uting, deli�ering, filing, recording, and daing all
<br /> ather things as may be necessary or desirable, in Lender's sole vpinian, to accomplish the matters r�ferred ta in
<br /> the preceding paragraph.
<br /> FULL PERF�RMANCE. if Borrvwer and Trustar pay all the Inde�tedness when due. and Trustor atherwise performs all
<br /> the vh#igations imposed upon Trustor under this D��d of Trust, Lender shall execute and deli�er to Trustee a request#or
<br /> full recvn�eyance and shal#execute and deli�er t❑Trust�r suitable statements of terminati�n vf any financing statement
<br /> an file e�id�ncing Lender's security inte�est in the Rents and the Personal Property. Any rec�n�eyance #e� required by
<br /> law shall be paid I�y Trustor, if permitted by appiicable iaw.
<br /> EVENTS �F DEFAULT. Each of the foll�wing, at Lender's option, shall constitute an E�ent of ❑efault under this Deed
<br /> of Trust:
<br /> Payment Default. Borrower fails ta make any payment when due under the lndebtedness.
<br /> Dther Defaults. Bvrrower ❑r Trustor �ails tv comply with or-ta perfarm any oth�r term, ohligation, �v�enant ar
<br /> conditian cvnta�ned in this Deed of Trust or in any a#the R�lated Do�uments o�t� comply with or tv perfvrm any
<br /> term, abliga�ion, co�enant or cvndition contained in any vth�r agreement between Lender and Borcower or Trustor.
<br /> Compliance Default. Failure to comply with any other term, obligation, cv�enant or �onditian cantained in this
<br /> Deed of Trus�, the Not�or in any of#h�Related ❑ocuments.
<br /> []efault vn Other Payments. Failur�af Trus#or within the time required by this ❑eed of Trust to make any payment
<br /> for taxes or insurance, or any other payment necessary to pre�ent filing vf or to effect discharge of any 1ien.
<br /> Default in Fa�vr of Third Partiss. 5hould Borrower or any Grantor default under any laan. extensi�n of credi�#�
<br /> security agr�ement, purchase or sales agreement, or any❑ther agreement, �n fa�or of any oth�r creditor or person
<br /> that may materially aff�ct any of Borrow�r's or any Grantar's p�operty or Borrower's ahility #v repay the
<br /> Indebt�dness or gorrower's or Grantar's ahil�ty to perform their respect��e obligations under this Deed af Trust or
<br /> any of the Rslated Dvcuments.
<br /> False 5tatements. Any warranty, representation or statement made or furnished to Lender by Borrower vr Tr'ustar
<br /> vr vn Borrower's or Trustvr's behalf under this ❑eed of Trust or the Related Dacuments fs 'faise or misleading in
<br /> any material respect, either now or at the time made �r furnished or becomes false vr misl�ading at any time
<br /> thereaf�er.
<br /> D�#ecti�e Colla#eralization. This Deed v� Trust �r any o# the Related Do�uments ceases to be in full fvrce and
<br /> effect �inc�uding �ailure of any cvllateral document to create a �alid and perfected se�uri#y interes# or lien; at any
<br /> time and�vr any reason.
<br /> Death vr Insol�en�y. Th� dissolution of Trustor's �regardless of whe#her elec#ivn to �ontinug �s madej, any
<br /> member withd�aws frvm the limited�iability�ompany,or any oth�r termination o�8orrower's or Trustor's existen�e
<br /> as a g�ing husiness or the death of any member, the ins���en�y of Borrower vr Trustor, the appointment of a
<br /> recei��r for any part of gorrower's ar Trustor's prvperty, any assignment for the henefit of �reditors, any type �f
<br /> creditor workvut, or the cvmmencement of any proceeding under any k�ankrupt�y or insvl�ency laws by or against
<br /> �ot�rvwer or Trustor.
<br /> Crsditvr or Forfeiture Proc�edings. Commencement of forecfosure or forfeiture proceedings, whether by judicial
<br /> prviceeding, self-help, repossession or any other method, by any creditor of B�rrawer vr Trustvr or by any
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