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20011277.9:- DEED OF TRUST
<br />Loan No: 19155 (Continued) Page 4
<br />Deed -Of Trust.
<br />fURTHEAAA SSWANCES;�ATTORNEY- IN_FACT: Jhefoilowing provisions-relating to4urtherassuiarides and'attorneyAn= fact-are a part of this
<br />Deed of Trust:
<br />4Further; Assurances. . %Atany- time; and.fromlim& =to °time ;'upon- request °of Lender ,iTtustdr- wiltmake,'execute,and deliver, or will cause to be
<br />mad%,exeeuted -or delivered, to'Lender=or to,Lender's designee, and 'when - requested by Lender, cause to-be filed, recorded, 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,
<br />certificates, and other documents as may, In the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect,
<br />continue, or preserve (1) Borrower's and Trustor's obligations under the Note, this Deed of Trust, and the Related Documents, and (2)
<br />the liens and security interests created by this Deed of Trust on the Property, whether now owned or hereafter acquired by Trustor. Unless
<br />prohibited by law or Lender agrees to the contrary in writing, Trustor shall reimburse Lender for all costs and expenses incurred in
<br />connection with the 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 Trustoes expense. For such purposes, Trustor hereby irrevocably appoints Lender as Trustor's attorney —in —fact for the
<br />purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole
<br />opinion, to accomplish the matters referred to in the,procedirig- paragraph.
<br />FULL PERFORMANCE.. If Borrower pays all the'tndebte4ness, including without limdation future advances, when due, and otherwise performs
<br />all the obligations imposed upon Trustcrunder this Deed "of Trust, Lender shall execute anr�jdeliver to Trustee a request for fullreconveyance and
<br />shall execute and deliver to Trustor suitable statements of termination of any financing statement on file evidencing Lender's security interest In the
<br />Rents and the Personal Property. Any reconveyance fee required by law shall be paid by Trustor, if permitted by applicable law.
<br />EVENTS OF DEFAULT. At Lender's option, Trustor will be in default under this Deed of Trust if any of the following happen:
<br />Payment Default. Borrower fails to make any payment when due under the Indebtedness.
<br />Break Other Promises. Borrower or Trustor breaks any promise made to Lender or fails to perform promptly at the time and strictly in the
<br />manner provided in this Deed of Trust or in any agreement related to this Deed of Trust.
<br />Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note or in
<br />any of.the.Related Documents. .lf =such a: failure is curable and -if Borrower or Trustor has -not been given a notice of a' breach of the same
<br />provision of this Deed of Trust within, the preceding .twelve (12) "months, it may be cured' (and, no Event ;vf, Default' will have occurred) if
<br />Borrower,prTrustor, after: Lender sends written notice demanding cure of'Such failure: '(a) cures the failure within thirty (30) days; 'or (b) if
<br />the;-cure; requires. more than thirty (30) days; immediately Initiates steps sufficient "to cure the failure and thereafter continues and completes
<br />alt, reasonable °and necessary steps sufficient toTprbdtice'oompliancb'as`` bbii,Wreasonably practical'..
<br />Defeult,on Other Payments. Failure of Trustor'within the time required,by this Deed of,Trustto make`any payment for taxes or insurance, or
<br />any'other payrnent'necessary to prevent filing of or to effect discharge of any lien:
<br />Default in Favor of Third Parties. cShould Borrower or any Trustor default under any loan, extension of credit, security agreement, purchase
<br />?. or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Trustoes property or
<br />Borrower's or any Trustor's ability to repay the Indebtedness or perform their respective' obligations under this Deed of Trust or any of the
<br />Related Documents.
<br />False Statements. Any representation or statement made or furnished to Lender by Borrower or Trustor or on Borrower's or Trustor's behalf
<br />under this Deed of Trust or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished.
<br />Defective Collateralizatlon. This Deed of Trust or any of the Related Documents ceases to be in full force and effect (including failure of any
<br />collateral document to create a valid and perfected security interest or lien),at any time and forany reason. ,
<br />Death or lnaolvenayr Tho death of Ber ower or -Trustorrth**O~er- tt�i ;iris "Ispj3i5trt ir+enf df a r (rn a`ny part of
<br />Borrower's or Trustor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any
<br />proceeding under any bankruptcy or insolvency laws by or against Borrower or Trustor.
<br />Taking of the Property. Any creditor or governmental agency tries to take any of the Property or any other of Borrower's or Trustor's
<br />property in which Lender has a lien. This includes taking of, garnishing of or levying on Borrower's or Trustor's accounts with Lender.
<br />However, if Borrower or Trustor disputes in good faith whether the claim on which the taking of the Property is based is valid or reasonable,
<br />and if Borrower or Trustor gives Lender written notice of the claim and furnishes Lender with monies or a surety bond satisfactory to Lender
<br />to satisfy the claim, then this default provision will not apply. w
<br />Breach of Other Agreement. Any breach by Borrower or Trustor under the terms of any other agreement between Borrowe`r or Trustor and
<br />" Lender that is not remedied within any grace- period `provided therein, including without limitation any agreement concerning any
<br />Indebtedness or other obligation of Borrower or Trustor to Lender, whether existing now'or fater
<br />4 .. .
<br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, oraccommodationparty
<br />of any of the indebtedness or any guarantor, endorser, surety, or accommodation party ^dies ,or becomes incompetent, or revokes or disputes
<br />the validity of, or liability under, any "Guaranty oi")he'lndeb�dness: ' Ir the event of'a`deatli,•Lender, at'its' option, "mif, but shall not be
<br />requiredyto, permit_ the guarantor's estate to assuTe unconditionally the obligations arising under the guaranty in a manner, satisfactory to
<br />' '� Lender, and, in ooing so, cure any 1 ='vent of DefauR.
<br />Insecurity., Lender in good faith believes itself insecure..;
<br />Existing Indebtedness. The payment of any installment of principal or any interest on the Existing Indebtedness is. not made within the time
<br />required by the promissory note evidencing such indebtedness, or a default occurs under the instrument securing such indebtedness and is
<br />not cured during any applicable grace period in'such instrument, or any suit or other action is commenced to foreclose any existing lien on
<br />the Property.
<br />Right to Cure. If such a failure is curable and if Borrower or Trustor has not been given a notice of a breach of the same provision of this
<br />Deed of Trust within the preceding twelve (12) months, it may be cured (and no Event of Default will have occurred) if Borrower or Trustor,
<br />after Lender sends written notice demanding cure of such failure: (a) cures the failure within thirty (30) days; or (b) if the cure requires more
<br />than thirty (30) days, immediately Initiates steps;_ sufficient to cure' the failure and thereafter continues and completes as reasonable and
<br />necessary steps sufficient to produce compliance as soon as reasonably practical.
<br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender may
<br />exercise anyone or more of the following rights kid remedies:
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<br />Acceleration Upon Default; Additibnal,Remedies. If any Event of Default occurs as.per the terms of the Note secured hereby, Lender
<br />may declare all Indebtedness secured by this Deed of Trust to be due and payable and the same shall thereupon become due and
<br />payable without 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
<br />without regard to the adequacy of its security, enter upon and take possession of the Property, or any part thereof, in its own name
<br />or in the name of Trustee, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability
<br />of the Property, or part of the Property or interest in the Property; increase the income from the Property or protect the security of
<br />the Property; and, with or without taking possession of the Property, sue for or otherwise collect the rents, issues and profits of the
<br />Property, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection attorneys'
<br />fees, to any indebtedness secured by this Deed of Trust, all in such order as Lender may determine. The entering upon and taking
<br />possession of the Property, the .collection .of such rents,. issues and profits, and the application thereof shalt not cure or waive any
<br />deefauliLor- notice of, default. under, this, Deed _of• Trust oranvalidateany:act done'in response to such default or pursuant to such
<br />notice "of default; and, notwithstanding the continuance in possession of the Property or the collection, receipt and application of
<br />rents, issues or profits, Trustee or Lender, shall be entitled to .exercise every, right ,provided for in the Note or the •Related
<br />Documents or by law upon-the occurrence of anyevenf of default, including the `right to exercise the power of saler °-
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