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�o-oa-1999 DEED OF TRUST
<br /> �oan No 1021948 9 9 1 0 9 7 9 $ Page 4
<br /> (Continued)
<br /> covenants and agrees to pay,or see to the payment of,the Existing Indebtedness and to prevent any default on such indebtedness,any default
<br /> under the instruments evidencing such indebtedness,or any default under any security documents for such indebtedness.
<br /> Default. If the payment of any installment of principal or any interest on the Existing Indebtedness is not made within the time required by the
<br /> note evidencing such indebtedness, or should a default occur under the instrument securing such indebtedness and not be cured during any
<br /> applicable grace period therein, then, at the option of Lender, the Indebtedness secured by this Deed of Trust shall become immediately due
<br /> - and payable,and this Deed of Trust shall be in default.
<br /> No Modification. Trustor shall not enter into any agreement with the holder of any mortgage, deed of trust, or other security agreement which
<br /> has priority over this Deed of Trust by which that agreement is modified, amended, extended, or renewed without the prior written consent of
<br /> Lender. Trustor shall neither request nor accept any future advances under any such security agreement without the prior written consent of
<br /> Lender.
<br /> CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust.
<br /> Appflcation of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedin s or b an
<br /> ndebtednesseor the epairnoaresto ae oneof the Pr peertyctThernet p ocheedslof the award shall mean the award 9 Y y Proceeding or
<br /> y portion of the net proceeds of the award be applied to the
<br /> costs,expenses,and attorneys'fees incurred b y Tr u s t e e o r L e n d e r i n c o n n e c t i o n wi t h t he condemnation.
<br /> a ft e r p a y m e n t o f a l l r e a s o n a b le
<br /> Proceedings. If any proceeding in condemnation is filed,Trustor shall promptly notify Lender in writing, and Trustor shall promptly take such
<br /> steps as may be necessary to defend the action and obtain the award. Trustor may be the nominal party in such proceeding, but Lender shall
<br /> be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Trustor will deliver or
<br /> cause to be delivered to Lender such instruments as may be requested by it from time to time to permit such participation.
<br /> IMPOSITION OF TAXE"S, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The followin
<br /> fees and charges are a part of this Deed of Trust:
<br /> g provisions relating to governmental taxes,
<br /> Current Taxes,Fees and Charges. Upon request by Lender,Trustor shall execute such documents in addition to this Deed of Trust and take
<br /> whatever other action is requested by Lender to pertect and continue Lender's lien on the Real Property. Trustor shall reimburse Lender for all
<br /> taxes, as described below, together with all expenses incurred in recordin
<br /> limitation all taxes,fees,documentary stamps,and other charges for recording or�reg stelring th s De�ed'ogT u�st Deed of Trust, including without
<br /> Taxes. The following shall constitute taxes to which this section applies: (a)a specific tax upon this
<br /> Part of the Indebtedness secured by this Deed of Trust; (b)a specific tax on Borrower which Borrower is authorized or required to deduct from
<br /> payments on the Indebtedness secured b this tYPe of Deed of Trust or upon all or any
<br /> the holder of the Note; and (d) a specif c tax op apfof a d of Trust; (c)a tax on this
<br /> type of Deed of Trust chargeable against the Lender or
<br /> Borrower. y portion of the Indebtedness or on payments of principal and interest made by
<br /> Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall have the
<br /> same effect as an Event of Default(as defined below),and Lender may exercise any or all of its available remedies for an Event of Default as
<br /> provided below unless Trustor either a
<br /> Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender.
<br /> )pays the tax before it becomes delinquent, or (b)contests the tax as provided above in the Taxes and
<br /> SECURITY AGREEMENT;FINANCING STATEMENTS. The foliowing provisions relating to this Deed of Trust as a security agreement are a part of
<br /> this Deed of Trust.
<br /> Security Agreement. This instrument shall constitute a security agreement to the extent any of the Property constitutes fixtures or other
<br /> personal property, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to
<br /> time.
<br /> Security Interest. Upon request by Lender,Trustor shall execute financing statements and take whatever other action is requested by Lender
<br /> to perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Deed of Trust in the real
<br /> property records, Lender may,at any time and without further authorization from Trustor,file executed counterparts,copies or reproductions of
<br /> this Deed of Trust as a financing statement. T�ustor shall reimburse Lender for all expenses incurred in pertecting or continuing this security
<br /> interest. Upon default,Trustor shall assemble the Personal Property in a manner and at a place reasonably convenient to Trustor and Lender
<br /> and make it available to Lender within three(3)days after receipt of written demand from Lender.
<br /> Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party), from which information concernin the securi
<br /> granted by this Deed of Trust may be obtained(each as required by the Uniform Commercial Code),are as stated on the first page of this Deed
<br /> of Trust. 9 ty interest
<br /> FURTHER ASSURANCES; ATTORNEY—IN—FACT. The following provisions relating to further assurances and attorney—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 will make, execute and deliver, or will cause to be
<br /> made, executed 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 a
<br /> deeds of trust,security deeds,security agreements,financing statements,continuation statements,instruments of further assurance,certificates,
<br /> and other documents as may, in the sole opinion ot Lender, be necessary or desirable in order to e ectuate,tcompletetlpertect contnue,eor
<br /> preserve (a) the obligations of Trustor and Borrower under the Note, this Deed of Trust, and the Related Documents, and (b) the liens and
<br /> security interests created by this Deed of Trust on the Pro e
<br /> or agreed to the contrary by Lender in writing,Trustor shall reimburse Lender for all costs and expenses incurred in connection with the matters
<br /> P ,whether now owned or hereafter acquired by Trustor. Unless prohibited by law
<br /> referred to in this paragraph.
<br /> Attorney—in—Fact. If Trustor fails to do any of the things referred to in the precedin
<br /> Trustor and at Trustor's expense. For such purposes,Trustor hereby irrevocabl a 9 paragraph, Lender may do so for and in the name of
<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 /> Y ppoints Lender as Trustor's attorney—in—fact for the purpose
<br /> accomplish the matters referred to in the preceding paragraph.
<br /> FULL PERFORMANCE. If Borrower pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Trustor under
<br /> this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver 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 required by law shall be paid by Trustor,if permitted by applicable law.
<br /> DEFAULT. Each of the following,at the option of Lender,shall constitute an event of default("Event of DefaulP')under this Deed of Trust:
<br /> Default on Indebtedness. Failure of Borrower to make any payment when due on the Indebtedness.
<br /> Default on Other Payments. Failure of Trustor within the time re uired b this Deed of Trust to make an
<br /> any other payment necessary to prevent filing of or to effect discha ge of any lien.
<br /> Y payment for ta�ces or insurance, or
<br /> Default in Favor of Thlyd Parties. Should Borrower or any Trustor default under any loan,extension of credit,security agreement,purchase or
<br /> sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or
<br /> Borrower's or any Trustor's ability to repay the Loans or perform their respective obligations under this Deed of Trust or any of the Related
<br /> Documents.
<br /> Compliance Default. Failure of Trustor or Borrower 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 /> False Statements. Any warranty, representation or statement made or furnished to Lender by or on behalf of Trustor or Borrower under this
<br /> Deed of Trust,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 Collateral(zatlon. 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 lien)at any time and for any reason.
<br /> Insolvency. The dissolution or termination of Trustor or Borrower's existence as a going business, the insolvency of Trustor or Borrower, the
<br /> appointment of a receiver for any part of Trustor or Borrower's property, any assignment for the benefit of creditors, an
<br /> workout,or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Trustor or Borrower.
<br /> Y tYpe of creditor i
<br /> Foreclosure,Forteiture,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 validity or reasonableness of the claim which is the basis of the foreclosure or
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