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<br /> '' os-�o-�999 DEED O� TRUST �age 5
<br /> Loan No 764039 (Cor�tlnued) � : 9�- 1�59sEj
<br /> FURTHER ASSURANCES; A7TORNEY-iN-FACTa The following provisions relating to fur#her assurances and attomey-in-fact are a part of this
<br /> Deed of Trust.
<br /> Further AssuranCes. At any time, and from time to time, upOn request of Lender,Trustor wili make, execute and deliver, or will cause to be
<br /> made, executed or deliverad, to Lender or to Lender°s designee, and when requested by Lender, cause to be filed, recnrded, refiled, or
<br /> rerecorded,as the case may be,at such times and in such offices and places as Lender may deem appropriate,any and all such mortgages,
<br /> deeds of trust,security deeds,security agreements,financing statements,continuation statements,instruments of further assurance,cert�ificates,
<br /> and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect,continue, or
<br /> �reserve (a)the obligations of Trustor under the Note,this Deed of Trust,and the Related Documents,and (b)the liens and securiiy interests
<br /> created by this Deed of Trust as first and prior liens on the Property,whether now owned or hereafter acquired by Trustor. Unless prohibited by
<br /> law or agreed to the contrary by Lender in writing,Trustor shall reimburse Lender for all costs and expenses incurred in connection with the
<br /> matters referred to in this paragraph. • .
<br /> Attorney-in-Fact. If Trustor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of
<br /> Trustor and at Trustor's expense. For such purposes,Trustor hereby ircevocably appoints Lender as Trustor's attorney-in-fact for the purpose
<br /> of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole opinion, to
<br /> accomplish the matters refened to in the preceding paragraph.
<br /> FULL PERFORMANCE. If Trustor pays all the Indebtedness when due,and otherwise performs all the obligations imposed upon Trustor under this
<br /> Deed of Trust, Lender shall axecute and deliver to Trustee a request for full reconveyance and shall execute and dellver to Trustor suitable
<br /> statements of termination of any financing statement on file evidencing Lender°s security interest in the Rents and the Personal Property. Any
<br /> reconveyance fee requfred by law shall be paid by Trustor,if permitted by applicable Iaw.
<br /> DEFAULT. Each of the following,at the option of Lender,shall constitute an event of default("Event of Default")under this Deed of Trust:
<br /> Default on Indebtedness. Failure of Trustor to make any payment when due on the Indebtedness.
<br /> Default on Other Payments. Failure of Trustor within the hme required by this Deed of Trust to make any payment for texes or insuranceo or
<br /> any other payment necessary to prevent flling of or to effect discharge of any lien.
<br /> Compliance Default. Failure of Trustor to comply with any other term, obligarion, covenant or condition contained in this Deed of Trust, the
<br /> MVote or in any of the Related Documents.
<br /> False Statements. Any wananty,representation or statement made or furnished to Lender by or on behalf of Trustor under this Deed of Trust,
<br /> the Note or the Related Documents is false or misleading in any material respect,either now or at the time made or furnished.
<br /> Defective Collateralization, This Deed of Trust or any of the Related Documents ceases to be in full force and effect(including failure of any
<br /> collateral documents to create a valid and perfected security Interest or Ilen)at any time and for any reason.
<br /> Death or Insolvency. The death of Trustor, the insolvency of Trustor, the appointment of a receiver for any part of Trustor's prope�ty, any
<br /> assignment tor the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or
<br /> insolvency Iaws by or against Trustor.
<br /> �+oreclosure,Forfeiture,etc. Commencement of foreclosure or forfeiture proceedings,whether by judicial proceeding,self-help,repossession
<br /> or any other method,by any creditor of Trustor or by any governmental agency against any of the Property. However,this subsection shall not
<br /> apply in the event of a good faith dispute by Trustor as to the validiy or reasonableness of the claim which is the basis of the forectosure or
<br /> forefeiture proceeding, provided that Trustor gives Lender written notice of such clairh and furnishes reserves or a surety bond for the claim
<br /> satisfactory to Lender.
<br /> Breach of Other Ayreement. Any breach by Trustor under the terms of any other agreement between Trustor and Lender that is not remedied
<br /> within any grace period provided therein,including without limitation any agreement concerning any indebtedness or other obligaHon of Trustor
<br /> to Lender,whether existing now or Iater.
<br /> Events Affecting Guarantor. Any of the preceding events occurs with respeCt to any Guarantor of any of the Indebtedness or any Guarantor
<br /> dies or becomes incompetent,or�evokes or disputes the validity of,or liability under,eny Guaranty of the Indebtedness. Lender,at its option,
<br /> may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the obligations arising under the guaranty in �
<br /> manner satisfactory to Lender,and,in doing so,cure the Event of Default.
<br /> Adverse Change. A material adverse change occurs in Trustor°s financial condition, or Lender believes the prospect of payment or
<br /> performance of the Indebtedness is impaired.
<br /> Insecurity. Lender in good faith deems itself insecure.
<br /> Right to Cure. If such a failure is curable and if Trustor has not been given a notice of a breach of the seme provision of this Deed of Trust
<br /> within the preceding twelve (12) months, it may be cured (and no Event of Default will have occurred) if Trustor, after Lender sends written
<br /> notice demanding cure of such failure: (a)cures the failure within ten(10)days;or (b)if the cure requires more than ten(10)days,immediately
<br /> initiates steps sufficient to cure the failure and thereafter continues and completes all reasonable and necessary steps sufficient to produce
<br /> compliance as soon as reasonably practical.
<br /> RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any time thereafter,Trustee or Lender,at its option,
<br /> may exercise any one or more of the following rights and remedies,in addition to any other rights or remediss provided by Iaw:
<br /> Acceleratfon upon Default; Additional Remedies. If any event of default occurs as per the terms of the Note secured hereby,Lender may
<br /> declare all Indebtedness secured by this Deed of Trust to be due and payable and the same shall thereupon become due and payable�.vithout
<br /> any presentment,demand,protest or notice of any kind. Thereafter,Lender may:
<br /> (a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and without
<br /> r regard to the adequacy of its security,enter upon and take possession of the Property,or any part thereof,in its own name or in the name
<br /> of Trustee,and do any acts which it deems necessary or desirable to preserve the value,marketability or rentability of the Property,or part
<br /> of the Property or interest in 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 profiis of the Property, including those past due and
<br /> unpaid,and apply the same,less costs and expenses of operation and collection,including attorneys'fees,to any indebtedness secured
<br /> by this Deed of Trust,all in such order as Lender may determine. The entering upon and taking possession of the Property,the collection
<br /> of such rents,issues and profits,and the application thereof shall not cure or waive any default or notice of default under this Deed of Trust
<br /> or invalidate any act done in response to such default or pursuant to such notice of default; and, notwithstanding the continuance in
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