202110684
<br />constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as
<br />amended from time to time.
<br />Security Interest. Upon request by Lender, Trustor shall take whatever action is requested by Lender to perfect and
<br />continue Lender's security interest in the Rents and Personal Property. In addition to recording this Deed of Trust in the
<br />real property records, Lender may, at any time and without further authorization from Trustor, file executed counterparts,
<br />copies or reproductions of this Deed of Trust as a financing statement. Trustor shall reimburse Lender for all expenses
<br />incurred in perfecting or continuing this security interest. Upon default, Trustor shall not remove, sever or detach the
<br />Personal Property from the Property. Upon default, Trustor shall assemble any Personal Property not affixed to the
<br />Property in a manner and at a place reasonably convenient to Trustor and Lender and make it available to Lender within
<br />three (3) days after receipt of written demand from Lender to the extent permitted by applicable law.
<br />Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which information concerning
<br />the security interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code)
<br />are as stated on the first page of this Deed of Trust.
<br />FURTHER ASSURANCES; The following provisions relating to further assurances and are a part of this Deed of Trust:
<br />Further Assurances. At any time, and from time to time, upon request of Lender, Trustor will make, execute and
<br />deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by
<br />Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and
<br />places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security
<br />agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other
<br />documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect,
<br />continue, or preserve (1) Trustor's obligations under the Note, this Deed of Trust, and the Related Documents, and
<br />(2) the liens and security interests created by this Deed of Trust as first and prior Liens on the Property, whether now
<br />owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writing, Trustor
<br />shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph.
<br />FULL PERFORMANCE. If Trustor pays all the Indebtedness when due, and otherwise performs all the obligations imposed
<br />upon Trustor under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall
<br />execute and deliver to Trustor suitable statements of termination of any financing statement on file evidencing Lender's
<br />security interest in the Rents and the Personal Property. Any reconveyance fee required by law shall be paid by Trustor, if
<br />permitted by applicable law.
<br />EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed of
<br />Trust:
<br />Payment Default. Trustor fails to make any payment when due under the Indebtedness.
<br />Other Defaults. Trustor fails to comply with or to perform any other term, obligation, covenant or condition contained in
<br />this Deed of Trust or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or
<br />condition contained in any other agreement between Lender and Trustor.
<br />Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of
<br />Trust, the Note or in any of the Related Documents.
<br />Default on Other Payments. Failure of Trustor within the time required by this Deed of Trust to make any payment for
<br />taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien.
<br />Default in Favor of Third Parties. Should Trustor default under any loan, extension of credit, security agreement,
<br />purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect
<br />any of Trustor's property or Trustor's ability to repay the Indebtedness or Trustor's ability to perform Trustor's obligations
<br />under this Deed of Trust or any of the Related Documents.
<br />False Statements. Any warranty, representation or statement made or furnished to Lender by Trustor or on Trustor's
<br />behalf under this Deed of Trust or the Related Documents is false or misleading in any material respect, either now or at
<br />the time made or furnished or becomes false or misleading at any time thereafter.
<br />Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and effect
<br />(including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for
<br />any reason.
<br />Death or Insolvency. The dissolution of Trustor's (regardless of whether election to continue is made), any member
<br />withdraws from the limited liability company, or any other termination of Trustor's existence as a going business or the
<br />death of any member, the insolvency of Trustor, the appointment of a receiver for any part of Trustor's property, any
<br />assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any
<br />bankruptcy or insolvency laws by or against Trustor.
<br />Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial
<br />proceeding, self-help, repossession or any other method, by any creditor of Trustor or by any governmental agency
<br />against any property securing the Indebtedness. This includes a garnishment of any of Trustor's accounts, including
<br />deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Trustor
<br />as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Trustor
<br />gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for
<br />the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate
<br />reserve or bond for the dispute.
<br />Breach of Other Agreement. Any breach by Trustor under the terms of any other agreement between Trustor and
<br />Lender that is not remedied within any grace period provided therein, including without limitation any agreement
<br />concerning any indebtedness or other obligation of Trustor to Lender, whether existing now or later.
<br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or
<br />accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or
<br />becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness.
<br />Adverse Change. A material adverse change occurs in Trustor's financial condition, or Lender believes the prospect of
<br />payment or performance of the Indebtedness is impaired.
<br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter,
<br />Trustee or Lender may exercise any one or more of the following rights and remedies:
<br />Acceleration Upon Default; Additional Remedies. If any Event of Default occurs as per the terms of the Note
<br />secured hereby, Lender may declare all Indebtedness secured by this Deed of Trust to be due and payable and the
<br />same shall thereupon become due and payable without any presentment, demand, protest or notice of any kind.
<br />Thereafter, Lender may:
<br />(a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed
<br />by a court and without regard to the adequacy of its security, enter upon and take possession of the Property,
<br />or any part thereof, in its own name or in the name of Trustee, and do any acts which it deems necessary or
<br />desirable to preserve the value, marketability or rentability of the Property, or part of the Property or interest in
<br />the Property; increase the income from the Property or protect the security of the Property; and, with or without
<br />taking possession of the Property, sue for or otherwise collect the rents, issues and profits of the Property,
<br />including those past due and unpaid, and apply the same, less costs and expenses of operation and collection
<br />
|