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�2-03-�999, DEED OF TRUST Paye 4 '
<br /> Loan No 1050921 9 9 1116 91 (Continued)
<br /> part of the Indebtedness secured by this Deed of Trust; (b)a specific tax on Trustor which Trustor is authorized or required to deduct irom
<br /> payments•on ttie Indebtedness secured by this type of Deed Gf Trust; (c)a tax on this type of Deed of Trust chargeable against the lender or
<br /> the holder of the Note; and (d) a specific tex on aN or any po�tion of the Indebtedness or on paymenis of principal and interest made by
<br /> Trustor.
<br /> Subadquent Taxes. If any tax to which this sectlon 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 deBned below),and Lender may exercis�any or eN of i!s avaNabls remedbs for an Event'of DefaWt as
<br /> provided below uMess Tn�stor either (a)pays the tax before H becomes delinquent,or (b)contests the tax as provided above in the Taxes and
<br /> Liens secdon and deposHs with Lender cash or a suiNCierd corporate stuety bond or other security satlsfactory to Lender.
<br /> SECURITY AG�iEEMENT;FINANCING STATEMENT3. The foNowin�provisior�relatln�to this Deed of Tn�st as a sACUrity aqroement�re a part of
<br /> this Dead.of Trust. ,
<br /> Sacurity Apreement. This in.strument shaN constMule a security agreement to the ex�ent any of the Property constltutes lbctures or otFwr
<br /> persona!pro�erty, and Lsnder aha� hav�e all of the riphts of a secwed perty undar the UMform Commerdal Code as amend�ci irom 1krN b
<br /> tlme.
<br /> Sscurity IMerest. Upon request by Lender,Trustor shal eocecuEa Mandnp statements and take whatever othor acHon is roqusst�d by Land�r
<br /> to perfect and conMnW Lender's security fn�erest in tha Rsn�and Persor�al Property. In additlai to recordinp this Deed of Trust in fhe roel
<br /> properiy records,.Lander may,at any tlme and without further authorization from Trustor,iNe axecutsd counterparts,copies or reproductions of
<br /> this Deed of Trust as a finandny statement. Trustor shaA reimburse Lender for all expenses incurred in perfecting or conHnuing this securiiy
<br /> interest. Upon defauN,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 affer receipt of written demand from Lender.
<br /> AdiwNS. i'!�wMnp addaws d�ew1o�t�M�I�l�i�t�f�Y�, baons MAic�►� . .- -___ , , ..
<br /> prae�d by ilds DNd'of Trt�st may b�cbhhwd(M[�i ar nqti+�d by 1M tlnMom+Co�s�n+K+ciN Cc�d�j,w as stated a�Ihs Arst page of this O�sd
<br /> of firuat.
<br /> FURTFIER ASSURANCES; ATTORNEY-IN-FACT. Ths foNawirp provfsions relaHrp to further assurances and attomey-ir�fact are a part of thia
<br /> Deed ot Trust.
<br /> Further Assunncea. At any time,and irom tlme to Hme, upon request of Lender,Trustor wNl make,execute and deliver,or wiN cause to be
<br /> made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be }Ned, recorded, reNled, or
<br /> rerecorded,as the case may be,at such times and in such offices and places as Lender may deem appropriate,any and aA such mortgages,
<br /> deeds of trust,security deeds,securiiy egreements,flnancinp statemenis,condnuaHon statements,instruments of fu�ther assurance,certiNcates,
<br /> and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate,complete, perfect,contlnue, or
<br /> preserve (a)the obligatlons of Trustor under the Note,this Deed of Trust,and the Related Dxuments,and (b)the liens and security interesls
<br /> created by this Deed of Trust on the Properfy,whether now owned or hereatter ecquired by Trustor. Unless proMbited by law or agreed to the
<br /> contrary by Lender tn wriBnp,Trustor shall reimburse Lender for all cdsts and expenses incurred in conneciion with the matters�ed to in
<br /> thfs paragraph.
<br /> Attorney-in-Fect. If Trustor,fails to do any of the things referred to in the prace�np paragraph, Lender may do so for and in the name of
<br /> Trustor and at Trustor's expense. For such purposes,Trustor hereby krevocably appaMs Lender as Trustors attorney--in-fact for the ptrpose
<br /> of making, execuiing, deNvering, filing, recording, and doing aN other things as may be neoessary or desirable, in Lendar'a sole opiMon,to
<br /> accomplish the matters referred to in the preceding peragraph.
<br /> FW.PERFORMANCE. If Trustor pays all the Indebtedness when due,and otherwis�performs all the obligations imposed upon Trustor under this
<br /> Deed of Trust, Lender shaii execute and deliv�r to Trustee a request for fuA reconveyar�ce and shaN execute and deliver b Trustor suitabie
<br /> stetements of �ermina4on of any flnancin� statement on file evidencinp Lender's secu�ity interest in the Rents and the Personal Property. My
<br /> reconveyance fee required by law shaN be paid by Trustor,if permitted by applicable law.
<br /> DEFAI�T. Each of the foNowing,at the optlon of Lender,shaN consiitule an event of defauN("Event o(Defa�und�r this De�d of Trusr
<br /> D�tauM on N�debtednsts. Failun of Tn�stor b maks srhr paym�nt whsn due on the Indebtednas�.
<br /> DeipuH on Other Peyments. Failure of Trustor witNin t#w tims r�quire�d by 1Mis fl�sd of Trust to make any paymer�t for taxeis or h�aurance,or
<br /> any other payment necessary to prevent}Ning ot or to effect dlscharge of any lien.
<br /> Compll,pnce Default. Failure of Trustor to comply with any other term, obligaHon,covenant or conditlon contained in this Deed of Trust,the
<br /> Note or in any ot the Related Documents.
<br /> Fdse Statemsnb. Any warraniy,representetlon or statement r►wde or furnished b Londsr by or on behalf ot Trustor under tfds Deed�Tn�st,
<br /> the I�bte or the Related Dxuments is talse or misleadirp in any rtw�rid respec.i,eNher raw or at the Ume made or fumished.
<br /> Delecdve CollaterdlzMlon. This Deed of Trust or any of the Related Documents ceases to be in full fo�ce and effect(induding faflure ot arry
<br /> cdlaterat documenis to create a valid and pe�fected sectuHy iMerest or Nen)at any tlme and for any reason.
<br /> Dea1h or insolvency. The death of Trustor, the insolvency of Trustor, the appdntment of a receiver for any pert of Trustor's properiy,any
<br /> assiqnment for the beneNt of creditors, any type of creditor woricout, or the commencement of any proceedinp under any banlvuptcy or
<br /> insolvency laws by or aqainst Trustor.
<br /> Fonclosur�,Forfeiture,etc. Commencement of toreclosure or forfeiture proceedings,whether by judk�al proceedirp,self-help,repossassbn
<br /> or any other method,by any creditor of Trustor or by any governmental aqency against any of the Properiy. However,this subsecUon aheN not
<br /> apply in the event of a good taith dispute by Tn�stor as to the validity or reasonableness of the claim which is the basis of the foreclasure or
<br /> forefeiture proceeding,provided that Trustor gives Lender wriiten notice of such claim and fumishes reserves or a s�xety bond for the daim
<br /> satlsfactory to Lender.
<br /> Breach of Other Ayreement. My breach by Tn�stor under the terms of any other agreement between Trustor and Lender that is not remedied
<br /> withi�any grace period provided therein,indudirq without dmitation any agreement concerMng any indebtedness or other obHyatlon of Trustor
<br /> to Lender,whether e�asdng now or Iater.
<br /> Events Aflectin�Guuantor. Any of the preceding events occurs w�h respect to any Guarantor of any of the Indebtedness or any Guerantor
<br /> dies or becomes incompetent,or revokes or disputes the validiiy of,or kability under,any Guaranty of the Indebtedness. Lender,at iis option,
<br /> may, but shaa not be required to, permit the Guarantor's estate to assume unconditionaHy the obligatbr� arising under the guaraMy in a
<br /> menner saHsf�tory to Lend�,and,in ddny so,cure the Event of DsfauH.
<br /> InNqNlly. {.atldYt M�ood tYilh d�6rt�s HSYIf Ins�CUre.
<br /> Exlstiny Indebtedness. A default shall occur under any Existing Indebtedness or under any instrument on the P�operty securing any Existing
<br /> Indebtedness,or commenosment of any suit or other acNon to for�close any s�osstirp Men on ths Property.
<br /> Ripht b Cure. If such a faNure is curable and if Trustor h�s not baen qiven a nodce of a bra�h of the same prwdaion of this De�d ot Trust
<br /> wNhin the precedirp twelve (12) moMhs, it may be cured_(and no Event of Defauit wiN have occu►rod)M Trustor, aRer lender sends written
<br /> notice demanding cure of such faNure: (a)cures the faNure w�hin�n(10)days;or (b)if the cure requires more than ten(10)days,immediately
<br /> inidates steps suiRcient to cure the faNure and thereaRer contlnues and completes aN reasonable and necessary ateps sutRcient to produoe
<br /> compNance as soon as reasonably practical.
<br /> RIGHTS MID REMEDIES ON DEFAU..T. Upon the occurrence of any Event of Defautt and at any time thereafter,Trustee or Lender,at Nc op8on,
<br /> may exercise any one or more of the foNowin�rights and remedies,in addition to any other riyhts or remedies provided by lew:
<br /> Mxeleratlon upon Default; Additional Remediea 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 shali thereupon become due and payable without
<br /> any presentment,demand,protest or noBce of any kind. Thereafter,Lender may:
<br /> ' (a) Efther in person or by agent,with or without bringing any acHon or proceeding, or by a receiver appanted by a court and without
<br /> 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 rentabUity of the Property,or part
<br /> of the Propery or interest fn the Property;increase the income trom the Properiy or protect the security of the Property;and,with or without
<br /> taking possession of the Property,sue for or otherwise coNect the rents,issues and proAts of the Property,including those pasf due and
<br /> unpaid,and apply the same,less costs and e�enses of operatlon and coNecllon,indudirp attorneys'fees,to any indebtadnsss secured
<br /> by this Deed of Trust,all in such order as Lender may determirne. The enterinq upon and teking possession�the Property,the coNecdon
<br /> of such rents,issues and proNts,and the applfcaUon thereof shaH not curo or wafve any defeult or notice of detauR under this Deed ot Trust
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