Laserfiche WebLink
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 />