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2� 1 ��5571
<br /> DEED �F TRUST
<br /> tCont�nued� Page 4
<br /> SECURITY AGREEMENT; FINANCING STATEIVIENTS. The following pro�isions relating tv this Deed of Trust as a
<br /> sscurity agr�em�nt are a part❑f this Deed vf Trust:
<br /> Sscurity Agreement. This instrumeni shall constitute a Security Agreement to the extent any of the Prvperty
<br /> constitutes fixtures, and Lendsr sha�l ha�e all of the rights of a secured party under the llniform Commercial Cvde
<br /> as amended fram time ta time.
<br /> 5e�urity �n#erest. Upon fequest by Lend�r, Trustor shall take whate�er actian is requested by Lender to per#ect
<br /> and cvntinue Lend�r's security inte�est in th� Rents and Personal Property. In add'+t�on to recvrding this Deed vf
<br /> Trust in the real prvperty recvrds, Lende� rnay, at any time and without further authorizativn from Trustor. file
<br /> executed cvunterparts, capies or �sproductions of th�s Deed af Trust as a finan�ing statement. Trustor shai�
<br /> reimburse Lender #or al! expenses incurred in perfecting or caniinuing this security interest. Upon dsfault, Trustor
<br /> sha11 not remo�e, se�e� or deta�h ths Personal Property from the Property. Upvn default, Trustv� shall asseml�le
<br /> any Pers�nal Prope�ty nat affixed to the Property in a manner and at a place reasonabiy can�enient to Trustor and
<br /> Lender and make it a�ailable to Lender within three {3j days after receipt of written d�mand from Lender to the
<br /> ext�nt permitted by applicable law.
<br /> Addresses. The mailing addresses of Trustor [dehtor} and Lender �se�ured party� from which inf�rrnati�n
<br /> concerning the security interest grant�d by this Deed of Trust may be ❑btained �eaGh as required by the Uniform
<br /> Commerciai Cvdey are as stated vn the first page af�his Deed vf Trust.
<br /> FURTHER ASSURANCES; ATT�RNEY-IN-FACT. The following prv�isions re�ating to further assurances and
<br /> attorney-in-fact are a part af this Deed o�Trust:
<br /> Further Assurances. At any time, and from time to time, upon request of Lender, Trustor will make, exe�ute and
<br /> deli��r,or will cause ta be made, exe�uted vr d�li�ered,to Lender�r to Lender's designee, and when requested by
<br /> Lender, cause to b� filed, recorded, reffiled, vr rerecorded, as the case may be, at such times and in such vffices
<br /> and piaces as Lender may deem appropriat�, any and all such mortgages, deeds o�t�ust, security de�ds, se�urity
<br /> agreements, financing statements, cvntinuation staternents, instruments vf further assurance, �ertificates, and
<br /> other d�cuments as may, in the sole opinian af L�nder, be ne�essary or d�sirable in vrder to effectuat�, complete,
<br /> perfect, �ontinue, vr preser�e �1 f Trustor's obligations under the IVote, this ❑eed of Trust, and the Reiated
<br /> �ocuments, and �2� the liens and security interests creatsd by this ❑eed ❑f Trust on the Prvp�rty, whether now
<br /> owned or herea#ter acquired by Trustor. Unless prohibit�d by law or Lender agrees ta the contrary in wri�ing,
<br /> Trustor shall reimburse Lender for all Gasts and expenses incurred in conne�tion with the matters referred tv 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 nam� vf Trustar and at Trustor's expense. For such purposes, Trustar he�ehy irre�ocably appoints
<br /> Lender as Trustor's attorney-in-fact for the purpvse vf making, �xecuting, deii�ering, fii�ing, rec�rding, and dving all
<br /> ather things as may be necessary or desirabie, in Lender's sole opinivn, to accomplish the matters re�erred to in
<br /> the preceding paragraph.
<br /> FULL PERF�RMANCE. If Trustor pays all the Indebtedness when due, and vtherwise performs all the ❑�ligatians
<br /> �mp�sed upon Trustor under this Deed of Trust, Lend�r shall execu#e and deli�er to Trustee a �equest for full
<br /> recon►►eyance and shall execute and deli�er to Trustor su�table statements o#te�mination o#any financing statement on
<br /> file e�idencing Lender's security interest in the Rents and th� Personal Property. Any recon�eyance fee required by iaw
<br /> shall be paid by Trustor, if permitted by applicable law.
<br /> EVENTS �F DEFAULT. Ea�h of the fvllowing, at Lender's op�ion, shall cvnstitute an E�ent of Default under this Deed
<br /> of Trust:
<br /> Payment Default. Trustvr fails to make any payment when due under the Indebtedness.
<br /> �ther �efaults. Trustar fails to �omply with �r to perfvrm any other term. vbiigation, cvvenant or condition
<br /> contained in this Deed of Trust or in any of the Related Documents or to comply with or to perform any term,
<br /> obligatian, co�enant or condi#ivn c�ntained in any�ther agreement hetween Lender and Trustvr.
<br /> Cvmpliance Default. Failure tv comp�y with any other term, olaligation, co�snant or condition contained in this
<br /> Deed ofi Trust,the Nvte or in any of the Relat�d Documents.
<br /> Defauit on Other Payments. Failure of Trustor within the time required by this Deed of Trust to make any payment
<br /> �or taxes or insurance, or any ather payment ne�essary t❑ pre►►ent filing of vr tv effe��discharge of any lien.
<br /> Default in Fa�or o#Third Parties. Should Grantvr default under any loan, extension af credit, s�curity agreement,
<br /> purchase of sales agreement, or any vther agreement, in fa�or vf any other�reditor or person that may materially
<br /> af�ect any of Grantor`s property or Grantor's ability to repay the �ndebtedness or Gxantvr's ahility to perform
<br /> Grantar's obligations unde�this❑eed of Trust or any of the Related Documents.
<br /> Faise Statemen#s. Any warranty, representation or statement made or furnished tv Lender by Trustor or on
<br /> Trustor's behalf under this Deed of Trust�r the Related Documents is false or misleading �n any material respect, ;
<br /> eith�r now ar at the time made or furnished❑r becomes false vr misleading at any time#hereafter.
<br /> Defecti�e Collateraliiation. This Deed ofi Trust ar any ofi the R�lated Documents ceases to be in full �arce and
<br /> e��e�t tincluding fiailure of any collateral d��ument to creat� a �a1�d and perfe�ted secu�ity interest vr lieny at any �
<br /> time and fivr any�eason.
<br /> �eath vr Insol�en�y, The dissolution af Trustor`s �rega�dless of whether election to c�ntinue is made�� any
<br /> member rrvithdraws fr�m th� limited liability campany, vr any ❑ther termination vf Trus�or's existence as a going
<br /> business ar �he death of any member, the insol�ency of Trustvr, the appointm�nt vf a recei��r for any pa�t of
<br /> T�ustvr's property� any assignm�nt �or the benefit of creditvrs, any type vfi Greditor workout. or the
<br /> cammencement of any praceed�ng under any bankruptcy ar insol�ency laws by or against Trustor.
<br /> Creditor or Farfeiture P�oceedings. Cammencement of forec�osure or fa�feiture proceedings, whether by judicial
<br /> pr�ceeding,self-help, repossession or any vther method, by any creditar of Trustor or by any gv�ernmental agency
<br /> against any prvperty securing the Indebtedness. This includes a garnishment of any of Trustor's accounts,
<br /> including deposit accounts, with Lender. Howe�er, this E�ent of Default shall not apply if there is a gvod faith
<br /> dispute hy Trustor as tv the �alid�ty or r�as�nableness vf the claim which is the hasis of the creditor or forfeiture
<br /> prvc�eding and if Trus�vr gi�es Lender written noti�e of the creditor or for#eitur� proceeding and deposits with
<br /> Lender monies or a surety bvnd for the creditor or forfeiture proceeding, in an amount determined by Lsnder, in its
<br /> sale discretivn, as t�eing an adequate reser�e or bond for the dispute.
<br /> 6reach of�ther Agrgement. Any breach by Trustor under the terms ❑f any other agreement between Trustar and
<br /> Lender tha� is not remedied ►►v+thin any grace period pro�ided therein. in�luding without limitati�n any agreement
<br /> concerning any indehtedness vr other obligativn o�Trustor tv Lender, whether existing nvw or later.
<br /> E�ents AfFe�ting Guarantor. Any of the preceding e�ents �ccurs with respect to any guarantor, endarser, surety,
<br /> or ac�ommadatian party of any of the Indebtedness or any guarantor, end�rser, sure#y, ar acc�mmvdation party
<br /> d�es ❑r becomes incompetent, vr re�akes ❑r disputes the ►►alidity of, ❑r liahility under, any Guaranty of the
<br /> Indebtedness.
<br /> Adr►erse Change. A material ad�erse change accurs in Trustor`s financial cvndi�ion� or Lender be�ie�es the
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