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<br />200204187
<br />15. TAXES AND ASSESSMENTS. Grantor shall pay all taxes and assessments relating to the Property when due and Immediately provide Lancer
<br />evidence of payment of Same. Upon the request W Under, Grantor shall deposit with tender each month one - twelfth (1112) of the estimated annual
<br />insurance premium, taxes and assessments pertaining to the Property. So long as there Is no default, these amounts shell be applied to the payment
<br />of taxes, assessments and Insurance as required on the Property. In the event of default, Lander shall have the fight, at Its sole option, to apply the
<br />funds so hold to pay any taxes or against the Obligations. My funds applied may, at Lender's option, be applied in reverse order of the due sate
<br />thereof.
<br />16. INSPECTION OF PROPERTY, BOOKS, RECORDS AND REPORTS. Grantor shall allow Under or its agents to examine and inspect the
<br />Property and examine, inspect and make copies of Grantor's books and records pertaining to the Property from time to time. Grantor shall provide
<br />my assistance required by Lander for these purposes. All of the signatures and information contained in Grantor's books and records shall be
<br />genuine, true, accurate and complete In all respects. Grantor shall note the existence of Lender's beneficial interest In its hocks and record.
<br />Pertaining to the Property. Additionally, Grantor shall report, in a farm satisfactory to Under, such information as Lender may request regarding
<br />Grantor's financial condition or the Property. The Information shall be for such periods, shall reflect Grantor's records at such time, and shall be
<br />rendered with such frequency as Lender may designate. All information fumiehad by Grantor to Lander shall be true, accurate and complete In all
<br />respects, antl Signed by Grantor If Lender requests.
<br />17. ESTOPPEL CERTIFICATES. Within ten (10) days after any request by Lander, Grantor shall deliver to Lander, or any intended transferee of
<br />Under's rights with respect to the Obligations, a Signed and acknowledged Statement specifying (a) the outstanding balance on the Obligations; and
<br />(b) whether Grantor possesses any claims, defenses, Setoffs or counterclaims with respect to the Obligations and, if so, the nature of such claims,
<br />defenses, set -offs or counterclaims. Grantor will be conclusively bound by any representation that Lender may make to the intended transferee with
<br />respect to these matters In the event that Grantor fails to provide the requested statement in a timely manner.
<br />10. EVENTS OF DEFAULT. M Event of Default shall occur under this Deetl M Trust and the Trustees power shall become operative In the event that
<br />Grantor, Borrower or any guarantor of the Obligations:
<br />(a) falls to pay any Obligation to Lander when due;
<br />(b) falls to perform any Obligation or breaches any warranty or covenant to Lander contained in this Dead of Trust or any other present or future
<br />agreement;
<br />(c) destroys, loses or damages the Property In any material respect or subjects the Property to seizure, confiscation, or condemnation;
<br />(d) seeks to revoke, terminate or otherwise limit ts liability under any guaranty to lender;
<br />(e) die,, becomes legally incompetent, Is dissolved or terminated, becomes insolvent, makes an assignment for the benefit of creditors, fails to
<br />pay debts as they become due, files a petition under the federal bankruptcy laws, has an Involuntary peffilon In bankruptcy filed in which Grantor,
<br />Borrower or any guarantor is named, or has property taken under any writ or process of court;
<br />0) allows goods to be used, transported of shared on the Property, the possession, transportation, or use of which, Is Illegal;
<br />(g) allows any party other than Grantor or Borrower to assume or undertake any Obligation without the written consent of Lender; or
<br />(h) causes Lender to deem haeft insecure due to a significant decline in the value of the Property; or if Lender, In geed faith, for any reason,
<br />believes that the prospect of payment or performance Is impaired,
<br />19. RIGHTS OF LENDER ON EVENT OF DEFAULT. Upon the occurrence of an Event of Default under this Deed m Trust, Lender shall be entitled to
<br />exercise ono or more of the following remedies without notice or demand (except ae required by law):
<br />(a) to declare the Obligations immediately tlua and payable In full, such acceleration shall be automatic and immediate If the Event of Default is
<br />a filing under the Bankruptcy Code;
<br />(b) to collect the outstanding Obligations with or without resorting to Judicial process;
<br />(c) to require Grantor to deliver and make available to Lender any personal property or Chattels constituting the Property at a place reasonably
<br />convenient to Grantor and Lender;
<br />(d) W enter upon and take possession of the Property without applying for or obtaining the appointment of a receiver and, at Lender's option, to
<br />appoint a receiver without bond, without first bringing suit on the Obligations and without otherwise meeting any statutory conditions regarding
<br />receivers, it being intended that Under shall have this contractual right to appoint a receiver;
<br />(e) M employ a managing agent of the Property and let the same, either in Trustee's own name, in the name of Under or In the name of
<br />Grantor, and receive the rents, Incomes, issues and profile of the Property and apply the same, after payment of all necessary charges and
<br />expenses, on account of the Obligations;
<br />(I) to pay any sums in any form or manner deemed expedient by Lender to protect the security of this Deed of Trust or to cure any default other
<br />than payment of Interest or principal on the Obligations;
<br />(g) to foreclose this Geed of Trust judicially or nonjudiclally and to direct the sale of the property through exercise of the power W sale as
<br />referenced in paragraph 20, herein, in accordance with applicable law;
<br />(h( to sntaH Grantor's Obligations against any amounts Owed Grantor by Under Including, but not limited to, monles, Instruments, and deposit
<br />accounts maintained with Under or any currently existing or future affiliate M Under; and
<br />(1) to exercise all other rights available to Lender under any ether written agreement or applicable lave
<br />Lender's rights are cumulative and may be exercised together, Separately, and in any order. In the event that Lender institutes an action seeking
<br />the recovery of any M the Property by way of a prejudgment remedy In an action against Grantor, Grantor waives the posting of any bond which
<br />might otherwlse be required. Lander or Under's designee may purchase the Property at any sale. Proceeds of any Trustee's sale hereunder
<br />shall be applied first, to the costs and expenses of exercising the power of sale and of the sale. Including the payment of the Trustee's tees
<br />actually incurred and not to exceed the amount which may be provided for In this Deed of Trust. second, to payment of the Obligations "cured
<br />hereby, third, to the payment of junior trust deeds, mortgages, or other lienholders, and the balance, if any, to the person or persons legally
<br />entitled thereto. The Property or any part thereof may be sold in one parcel, or in such parcels, manner or order as Under in its sole discretion
<br />may elect, and one or more exercises of the power herein greeted shall not extinguish or exhaust the power unless the entire Property Is sold or
<br />the obligations are paid in full.
<br />20. TRUSTEE'S EXERCISE OF POWER OF SALE ON DEFAULT. Upon default by Borrower In payment M any Obligations secured hereby, Under
<br />may declare all sums, secured hereby, Immediately due and payable and shall cause to be filed of record a written notice of default and election to
<br />sell the Property. After the lapse of such time as then may be required by law following recordation of such notice of default, and notice of Sale
<br />having been given as then required by law, Trustee, without demand on Grantor, shall sell such Property, either as a whole or in separate parcels, and
<br />in such order as it or Lander may dNermina, at public auction to the highest bidder. Trustee may postpone the sale of all or any portion of the
<br />Property by public announcement at the time and place of sale, and from time to time thereafter may postpone the sale by public announcement at
<br />the time and place fixed by the preceding postponement Trustee shall deliver to such purohaser its deed conveying the property, or portion thereof,
<br />so cold, but without any covenant or warranty, express or implied The recitals in such deed of any matters of fact or otherwise, shall be conclusive
<br />proof of the truthfulness thereof. My parson, including Grantor, Trustee or Under, may purchase at such sale.
<br />21. REQUEST FOR NOTICES. Grantor requests that a copy of any notice of default and a copy of any notice of sale hereunder bei mailed to each
<br />person who is a party homm, at the address of Such person set forth herein at the same time and In the same manner required as though a separate
<br />request thereof had been filed by each such parson.
<br />22 SECURITY INTEREST UNDER THE UNIFORM COMMERCIAL CODE. This Deed of Trust shall be considered a financing statement and a
<br />fixture tiling Pursuant to the provisions of the Uniform Commercial Code (as adopted in the state where the Property is located) covering fixtures,
<br />chattels, and articles of personal property now owned or hereafter attached to or to be used In connection with the Property together with any and all
<br />replacements thereof and additions therein (the 'Chattels'), and Grantor hereby grants Under a security interest in such Chattels. The debtor Is the
<br />Grantor described above. The secured party is the Lender described above. Upon demand, Grantor shall make, execute and deliver such security
<br />agreements (as such term is defined in said Uniform Commercial Code) as Lender at any time may doom necessary or proper or required to grant to
<br />Under a perfected security interest in the Chattels, and upon Grantor's failure to do so, Lender Is authorized to sign any such agreement as the agent
<br />of Grantor. Grantor hereby authorizes Under to file financing statements (as such term is defined in said Uniform Commercial Code) with respect to
<br />the Chattels, at anytime, without the signature of Grantor, Grantor will, however, at anytime upon request of Lender, sign such financing statements.
<br />Grantor will pay all filing fees for the filing of such financing statements and for the reflling thereof at the Nines required, In the opinion of Under, by
<br />sold Uniform Commercial Code. d the lien of this Deed of Trust is subject to any security agreement covering the Chattels, then In the event of any
<br />default under this Deed of Trust, all the right, his and Interest of Grantor in and to any and all of the Chattels is hereby assigned to Lender, together
<br />with the bera0t Of any deposits or payments now or hereafter made thereof by Grantor or the predecessors or successors in title of Granter in the
<br />Property.
<br />23. REIMBURSEMENT OF AMOUNTS EXPENDED BY LENDER. Lander, at Under's option, may expend funds (including attorneys' fees and legal
<br />expenses) to Perform any am required to be taken by Grantor or to exercise any right or remedy of Under under this Deed of Trust. Upon demand,
<br />Grantor shall immediately relmbu to Lander for all such amounts expanded by Lender together with interest thereon at the lower of the highest rate
<br />described In any Obligation or the highest rate allowed by law from the date of payment until the sate of reimbursement. These sums shall be
<br />included in the definition of Obligations herein and shall be secured by Me beneficial interest granted herein. If the Obligations are paid after the
<br />beginning of publication of notice of Sala, as herein provided, or In the event Lender shall, at its sole option, permit Grantor to pay any part of the
<br />Obligations after the beginning of publication of notice of sale, as herein provided, then, Grantor shall pay on demand all expanses incurred by the
<br />Trustee and I.ender in connection with Said publication, Including reasonable attorneys' fees to the attorneys for the Trustee and for the Lender, and a
<br />reasonable fee to the Tmstee, and this peed of Trust shall be Security for all such expenses and fees.
<br />20. APPLICATION OF PAYMENTS. All payments made by or on behalf of Grantor me y be applied against the amounts paid by Under (including
<br />attorneys' fees and legal expenses) In connection with the exercise of its rights or remedies described in this Deed of Trust and then to the payment
<br />of the remaining Obligations in whatever order Lender chooses.
<br />25. POWER OF ATTORNEY. Grantor hereby appoints Under as Its attorney -in -fact to endorse Grantor's name on all instruments and other
<br />documents pertaining to the Obligations or Ned of True. In addition, Under shall be entitled, but not required to perform any action or execute any
<br />document required to be taken or executod by Grantor under this Deed of Trust. Lender's performance of such action or execution of m,z
<br />documents shall not relieve Grantor from any Obligation or cure any default under this Deed M Trust All powers of attorney described In this Deed of
<br />Trust are coupled with an interest and are Irrevocable.
<br />25. SUBROGATION OF LENDER. Under shall be subrogated to the rights of the holder of any previous lien, security interest Or encumbrance
<br />discharged with funds advanced by Under regardless of whether these liens, security interests or other encumbrances have been released of record
<br />I PNEel W 0 uonn n. Attend Co. ty/m /eel fan] car anal hate a er e £ ' y
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