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2� 1 ��7228
<br /> DEED C�F TRUST
<br /> ��ontinued} � Page 4
<br /> Taxes. The following shall constitute taxes to which this sectivn applies: t1} a specific tax upan this type of
<br /> Deed of Trust or upon all or any part of the Indeb#edness secured by th�s Deed of Trus#; �2} a specific tax on
<br /> Trus#or which Trustor is authorized or requ�red to deduct frvm payments vn#he �nd�btedness secured by#his type
<br /> of Deed of Trust; �3} a#ax an this type of Deed of Trust chargeabl�against the Lender or the holder of the Note;
<br /> and �4} a specifc tax on all vr any portion o�the Indebtedness vr vn payments of princ�pal and interest made by
<br /> Trustor.
<br /> 5ubsequent Taxes. if any tax ta which this section appltes is enacted subsequen# ta the dat� of this D�eed of
<br /> Trust, thEs e�ent sha�� ha�e the same effect as an E�rent o# Defauit, and Lendsr may exerase any vr ail of its
<br /> a�ai#able remed�es for an E�nent v� Qefault as pro�ided below unless Trustor either (1� pays the tax before �t
<br /> becomes d�linquent,vr �2} contests the tax as pro�ided aba�e in ths Taxes and Liens sect�on and deposits with
<br /> Lender cash or a suff cient corporat�surety band or other security satisfact�ry ta Lender.
<br /> SEC�RlTY ACREENiENT; FINANCING STATEMENTS. The following pro�isions relating tv this ❑eed of Trust as a
<br /> security agreement are a part of this Deed af Trust:
<br /> Security Agreement. This instrument shaii �onstitute a Security Agreement tv the extent any af the Prvperly
<br /> canstitutes fixtures, and Lender shall ha�e all of the rights of a secured party under the Lln�fvrm Gammercial Cade
<br /> as amended frvm time ta time.
<br /> Security lnterest. Upon request by Lender, Trustor shall take whate�er a�tian is requested by Lender to perfect
<br /> and continue Lender's security interest in the Personal Property. In addition to recarding this Deed of Trust in the
<br /> rea[ praperty recvrds, Lender may, at any time and without 'fur#he� authorizatian from Trus#or, file executed
<br /> counterparts, capies ar reproductions a� th�s �]eed o# Trust as a financing sta�emen#. Trustor shall re�mburse
<br /> Lender'f�r a!I expenses incurred in perfec#ing or con#inuing this security interest. Upon default, Trustor shall nnt
<br /> remo�e, se�er or detach #he Personal Praperty from the Praperty. Upvn default, Trustor shail assemble any
<br /> Personal Properky not affixed to the Praperty in a manner and at a place reasonably con�enfent to Trustvr and
<br /> Lender and make it a�ailable ta Lender within three {3� days after receipt af written demand from Lender to th�
<br /> extent permitted by applicable�aw.
<br /> Addresses. The mailing addresses of Trustor �debtor) and Lender �secured party} from which information
<br /> concerning th� securi�y interest granted by this Deed of Trus# may be �btained (each as requir�d by the Uniform
<br /> Comm�rcia�Cvde}are as stated on the first page of this Deed of Trust.
<br /> FURTHER ASSURANCES; ATTQRNEY-lN-FAGT. The foilowing provisions relating to further assurances and
<br /> attvrr�ey-in-fact are a pa�t o�th�s Deed of Trust:
<br /> Further Assurances. At any time, and from time ta#ime, upon request af Lender, Trus#ar will make, exeaate and
<br /> d��i�er, or wi�I cause tv be m�te,executed or deli�er�d,tv Lender vr to Lender's desigr�ee,and when requested by
<br /> Lender, �ause to be filed, reoorded, refiled, vr rerecarded, as the case may be, a# sut��imes and in su�h affioes
<br /> and pl aves as Lender may deem appr�ariate,any and al i su�h mortgages, deeds af t�u st, se�urity deeds, secu rity
<br /> agreemen�s, financing statements, oantinuation statemen#s, �ns#ruments of further assuranoe, certifica#es, and
<br /> other documents as ma�, in the 9als opinion of Lender, be nevessary or desirable in arder#o effectuate, aorr�plete,
<br /> perfect, �orrtinue, vr preserve �'I} Trustor's obfi�a#ians unc�r the Nv#e, this Deed vf Trust, and #he F�ielated
<br /> Documerrts,and �2} the liens anal security interests crea#ad by th�s D�eed of Trust on the Property,whether nvw
<br /> owmed ar hereafter aoquired by Tnastar. Unl�ss prohibited by faw or Lender agrees ta the contrary in wri#ing,
<br /> Trus#ar shall r�imburse Lender for all oos#s and expenses ina.frred in oonnectivn wi#h the matters referred to in this
<br /> ��9�Ph.
<br /> Attorney-in-Fact. If Trustor�ails to do any of the#hings referred t� in the preaeding paragraph, Lender may dv so
<br /> for and in the name o�Trustar and at 7`rustvr's expense. For such purposes, Trustor hereby irre�ocably appaints
<br /> Lender as Trustor's attomey-i n-fact for the purpose of making,executi ng,dei i��ring,fi I�ng, rec�rdi ng,and doi ng ali
<br /> other things as may be necessary or des�rable, in Lende�'s sale apinion, to aovamplish the matters referred tfl in
<br /> the precedi ng paragraph.
<br /> FULL PERF�RMANCE. If Trustor pays all the �ndebtedness when due, and o#herwise per�orms all the obligations
<br /> imposed upon Trustor under this Deed of Trust, Lender shall execute and deli�er �a Trustee a request for full
<br /> reoan�eyanoe and shall execute and deli�er tv Trustor suitable statemen#s of termination o�any financing statement on
<br /> file e�idenang Lender's security interest in#he Rerrts and#he Persanal Praperty. Any recon�eyanoe fee requi�ed by law
<br /> shall be peaid b�Trustvr, if permitted by app�icabl�law.
<br /> EVENTS DF �EFAULT. At Lenders op#ion, Trustor will be in defaul# under this D�eed af Trust if any of the fv��vwing
<br /> happe�'i:
<br /> Payment Default. Trustor fails tv make any payment when due under the�ndebtedness.
<br /> Break �ther Promises. Trustor breaks any pramise made t� Lender ar fails #o perform prompt�y at the time and
<br /> stric#ly in the manne�pr��ided in this Deed of Trust or in any ag�eement related#o this Deed of Trust.
<br /> Campliance Default. Failure to comp�y with any other term, obiigation, covenant a� condition contained in this
<br /> Deed of Trust,the IVote or in any of the Re�ated Documents.
<br /> Defauit on Dther Payments. Fa��ure o�Trustor within the time required by this �eed af Trust to make any payment
<br /> for tax�s or insurance,or any o�her paymen�necessary to pre�ent f iing�f or ta effect dis�harge vf any lien.
<br /> [�efault in Fa�oc af Third Parties. Shou�d Grantar dsfault under any laan, extensian vf cred��, security agre�ment,
<br /> purchase vr sales agreement, or any other agreement, in fa�ar of any other cred�tvr or person that may materially
<br /> a�fect any of Grantar's praperty ❑r Grantor's ability tn repay the Indebtedness vr Grantar's ability to perfiorm
<br /> Grantor's obligations under this Deed of Trust or any vf the Related D�cuments.
<br /> False Statements. Any representatian❑r statement made vr furnished tv Lender by Trustor or on Trustor's behalf
<br /> under this 1]eed of Trust vr the Related Dvcuments is false or misleading in any mater�al respect, either naw or at
<br /> the time made ar fiurnish�d.
<br /> �efecti�e Coliatera�izativn. This Deed af Trust or any of the Related Docum�nts ceases to be in �ull �arce and
<br /> effect �includ�ng fai�ure of any cvllatera�dvcumen#ta create a�alid and perFected security interest ar lien) at any
<br /> time and for any reaso�.
<br /> �eath ar insal►►ency. Th�death of Trustor,the insolvency of Trustor,the appointment af a receiver for any part of
<br /> Trustor's praperty, any assignment for the benefit of creditors, any type af creditor workout, or the
<br /> commencement af any prviceeding under any hankruptcy or insolvency laws by ar against Trustvr.
<br /> Taking of the Property. Any creditor ��go�ernmental agency tries to take any of the Praperty or any other vf
<br /> Trustor's property in which Lender has a lien. This includes taking v�, garnishing of ar le�ying on Trustvr's
<br /> accounts with Lender. H�we�er, if Trus�vr dfisputes in good faith whether the claim an which the taking of the
<br /> Property is based is �al�d or reasonab�e, and if Trustvr gi�es Lender written notice of the claim and furnishes
<br /> Lender wi�h mvnies or a surety bond sat�sfac�ory to Lender to satisfy the claim,then th�s default prv�ision wil� not
<br /> appiy.
<br /> Breach of L]ther Agreement. Any breach by Trustor under the�erms af any other agreement be�inreen Trustor and
<br /> Lender that is nat remedied within any grace period prv�ided #herein, in�luding wi#hout limita#ion any agreement
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