DEED OF TRUST
<br />Loan No: 776465 200301441 (Continued) Page 5
<br />page of this Deed of Trust.
<br />FURTHER ASSURANCES: ATTORNEY -IN -FACT. The following provisions relating to further assurances and anorney -in -fact are a part of
<br />this Deed of Trust:
<br />Further Assurances. At any time, and from time to time, upon request of Lender, Truster will make, execute and deliver, or will cause
<br />to be made, executed or delivered, to Lender or fo Lender's designee, and when requested by Lender, cause to be filed,, recorded,
<br />refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all
<br />such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of
<br />further assurance, camf'icates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to
<br />effectuate, complete, perfect, continue, or preserve (1) Borrower's and Truster's obligations under the Note, this Deed of Trust, and
<br />the Related Documents, and 12) the liens and security interests created by this Deed of Trust on the Property, whether now owned
<br />or hereafter arquired by Truster. Unless prohibited by law or Lender agrees to the contrary In writing, Trustor shall reimburse Lender
<br />for all costs and expenses incurred in connection with the matters referred to in this paragraph.
<br />Attorney -In -Fact. If Truster fails to do any of the things referred to in the preceding paragraph, Lender may do an for and in the name
<br />of Truster and at Truster's expense. For such purposes, truster hereby irrevocably appoints Lender as Tractor's attorney in fact for
<br />the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's
<br />sole opinion, to accomplish the matters referred to in the preceding paragraph.
<br />FULL PERFORMANCE. If Borrower pays all the Indebtedness, including without limitation all future advances, when due, and otherwise
<br />performs all the obligations imposed upon Truster under this Deed at Trust, Lender shall execute and deliver to Trustee a request for full
<br />econveyanoe and shall a cute and deliver to Truster suitable statements of termination of any fmunciny statement on file evidencing
<br />Lender's security import in the Rents and the Personal Property. Any raconveyance fee required by law shall be paid by Truster, 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 Decd of Trust:
<br />Payment Default. Borrower fails to make any payment when due under the Indebtedness.
<br />Other Defects. Borrower or Truster fails to comply with or to perform any other term, obligation, covenant or condition conuined 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 condition
<br />contained in any ricer agreement between Lender and Borrower or Truster.
<br />Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note
<br />or in any of the Related Documents. If such a failure is curable and if Borrower or Truster has not been given a notice of a breach of
<br />the same provision of this Deed of Trust within the preceding twelve 1121 months, it may be cured fend ne Event of Default will have
<br />occurred) If Borrower or Truster, after Lender sends written notice demanding cure of such failure: (a) cures the failure within fifteen
<br />1151 days: of @I if the sure requires more than fifteen (15) days, Immediately initiates steps sufficient to cure the failure and
<br />thereafter continues and completes all reasonoblev and ncr,vs ary steps sufficient to produce compliance as soon as reasonably
<br />practical.
<br />Default on Other Payments. Failure of Truster within the time required by this Deed of Trust to make any payment for taxes or
<br />insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien.
<br />False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or Truster or on Borrower's or
<br />Tractor's behalf under this Deed of Trust or the Related Documents Is false or misleading in any material respect, either now or at the
<br />time made or furnished or becomes false or misleading at any time thereafter.
<br />Defective Collateralbbition. This Deed of Trust or any of the Related Documents Causes to be in IWI force and effect (including failure
<br />of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason.
<br />Death or Insolvency. The dissolution or termination of Borrower's nr Trustor's existence as a going business, the insolvency of
<br />Borrower or Truster, the appointment of a receiver for any part of Borrower's or Trustor's property, any assignment for the benefit of
<br />creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or
<br />against Borrower or Truster.
<br />Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self -help,
<br />repossession or any other method, by any creditor of Borrower or Truster or by any governmental agency against any property
<br />securing the Indebtedness. This includes a garnishment of any of Borrower's or Tructur's accounts including deposit accounts, with
<br />Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower or Trustor as to the validity or
<br />reacenableness of the claim which is the basis of ths creditor or forfeiture proceeding and if Borrower or Truster gives Lender written
<br />notice of the creditor or forfeiture proceeding and deposits with Lender monies rely bond for the creditor or forfeiture
<br />proceeding, In an amount determined by Lender, In its sole discretion, as being an adequate reserve or bond fur the dispote.
<br />Breach of Other Agreement. Any breach by Borrower or Trustor under the terms of any other agreement between Borrower or
<br />Truster and Lender that is not remedied within any grace period provided therein, including without limitation any agreement
<br />concerning any indebtedness or other obligation of Borrower or Trustor to Lender, whe Lher existing now orlater
<br />-
<br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation
<br />party of any at the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or hecomes Incompetent, or
<br />revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. In the event of a death. Lender, at its option,
<br />may, but shall mo be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in
<br />o manner satisfactory to Lender, and, in doing se, cure any Event of Default.
<br />Adverse Change. A material adverse change ocaurs in Borrower's or Truster's Financial condition, or Lender believes the prospect of
<br />payment or performance of the Indebtedness is impaired.
<br />Insecurity. Lender In good faith believes itself insecure
<br />
|