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2®2 10605
<br />may sell or dispose of fixtures and Equipment in the ordinary course of their business so long as such items
<br />are replaced with items of equal or greater value and utility; (2) if Trustor is a corporation, any transfer or
<br />transfers of shares of more than ten percent (or such other portion, if any, permitted under the Note) of the
<br />voting power or the direct or indirect beneficial ownership of Trustor, on a cumulative basis, or any
<br />dissolution of the corporation; (3) if Trustor is a partnership, withdrawal or removal of any general partner,
<br />dissolution of the partnership under applicable law, or any transfer or transfers of more than ten percent (or
<br />such other portion, if any, permitted under the Note) of the partnership interests, on a cumulative basis; (4)
<br />if Trustor is a limited liability company, withdrawal or removal of any manager or managing member,
<br />termination of the limited liability company or any transfer or transfers of more than ten percent (or such
<br />other portion, if any, permitted under the Note) of the voting power or the ownership of the economic interest
<br />in the Trustor, on a cumulative basis; or (5) if Trustor is a trust, withdrawal or removal of any trustee or
<br />revocation of the trust.
<br />Prohibited Transfer Rate. If there is a Prohibited Transfer, Beneficiary may deem the principal balance
<br />of the Loan and, to the extent permitted by applicable law, all other Obligations, increase at the Contract
<br />Rate (as defined in the Note) by 2.000% per annum, retroactive to the date of the Prohibited Transfer.
<br />Beneficiary's rights under this Section are an option available to Beneficiary, and unless elected by
<br />Beneficiary, a Prohibited Transfer will constitute an Event of Default and all Obligations will bear interest at
<br />the Default Rate (as defined in the Note).
<br />Compensation and Reimbursement of Costs and Expenses. Trustor shall pay (1) for any services
<br />rendered in connection with this deed of trust; (2) all of Trustee and Beneficiary's costs and expenses
<br />incurred in rendering any such services; and (3) all costs, expenses and other advances incurred or made
<br />by Trustee or Beneficiary in an effort to enforce the terms of this deed of trust or protect the Property,
<br />whether any lawsuit is filed or not, including any bankruptcy or other voluntary or involuntary proceeding,
<br />in or out of court, or in defending any action or proceeding arising under or relating to this deed of trust,
<br />including Legal Fees, and costs of any Foreclosure Sale. If Beneficiary chooses to dispose of Property
<br />through more than one Foreclosure Sale, Trustor must pay all costs, expenses or other advances incurred
<br />by Trustee or Beneficiary in each of those Foreclosure Sales.
<br />Indemnification. TRUSTOR SHALL INDEMNIFY TRUSTEE AND BENEFICIARY AGAINST AND SHALL
<br />HOLD THEM HARMLESS FROM ALL LOSSES, DAMAGES, LIABILITIES, CLAIMS, CAUSES OF
<br />ACTION, JUDGMENTS, COURT COSTS, LEGAL FEES, COST OF EVIDENCE OF TITLE, COST OF
<br />EVIDENCE OF VALUE, AND OTHER COSTS AND EXPENSES WHICH EITHER OF THEM MAY SUFFER
<br />OR INCUR: (1) IN PERFORMING ANY ACT REQUIRED OR PERMITTED BY THIS DEED OF TRUST OR
<br />ANY OF THE OTHER LOAN DOCUMENTS OR BY LAW; (2) BECAUSE OF ANY FAILURE OF TRUSTOR
<br />TO PAY OR PERFORM ANY OF THE SECURED OBLIGATIONS; OR (3) BECAUSE OF ANY ALLEGED
<br />OBLIGATION OF OR UNDERTAKING BY TRUSTEE AND BENEFICIARY TO PERFORM OR
<br />DISCHARGE ANY OF THE REPRESENTATIONS, WARRANTIES, CONDITIONS, COVENANTS OR
<br />OTHER OBLIGATIONS IN ANY DOCUMENT RELATING TO THE PROPERTY (OTHER THAN SUCH
<br />WARRANTIES, CONDITIONS, COVENANTS OR OTHER OBLIGATIONS IN THE LOAN DOCUMENTS).
<br />THIS AGREEMENT BY TRUSTOR TO INDEMNIFY TRUSTEE AND BENEFICIARY SURVIVES THE
<br />RELEASE AND CANCELLATION OF ANY OR ALL OF THE SECURED OBLIGATIONS AND THE FULL
<br />OR PARTIAL RELEASE AND/OR RECONVEYANCE OF THIS DEED OF TRUST.
<br />Payments Due Under This Deed of Trust. Trustor must pay all obligations to pay money arising under
<br />this deed of trust immediately upon demand by Trustee or Beneficiary. Each such obligation shall bear
<br />interest from the date the obligation arises at the Default Rate (as defined in the Note).
<br />ARTICLE 6 — EVENTS OF DEFAULT AND REMEDIES
<br />Events of Default. The following each shall be an event of default under this deed of trust (an "Event of
<br />Default"): (1) an Event of Default (as defined in the Note); (2) a Prohibited Transfer; (3) the filing of a
<br />Maximum Amount Notice; (4) if Trustor is in default beyond applicable notice and grace periods under any
<br />other mortgage, deed of trust, deed to secure debt or other security agreement covering any part of the
<br />Harrenstein
<br />Deed of Trust, Assignment of Rents, Security Agreement, and Fixture Filing
<br />Loan no. 202190
<br />6
<br />Rev. 03.17.2017
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