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<br />Loan No: 809348
<br />
<br />DEED OF TRUST
<br />{ Continued}
<br />
<br />200608237
<br />
<br />Page 4
<br />
<br />this Deed of Trust:
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<br />Further Assurances. At any time, and from time to time, upon request of Lender, Trustor will make, execute and deliver, or will cause
<br />to be made, executed or delivered, to Lender or to 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 arprorriate, any and all
<br />such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instrumoPis of
<br />further assurance, certificates, and other documents as may, in the sole orinion of Lender, be necessary or desirable in order to
<br />effectuate, complete, perfect, continue. or preserve (1) Borrower's and Trustor's obligations under the Note, this Deed of Trust, and
<br />the Related Documents. and (2) the liens and security interests created by this Deed of Trust as first and prior liens on the Property.
<br />whether now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writing, Trustor
<br />shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph.
<br />
<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
<br />of Trustor and at Trustor's expense, For such purposes, Trustor hereby irrevocably appoints Lender as Trustor's attorney-in-fact for
<br />the purpose of making, executing, delivering, filing, recording, and doing all other things as may be ner.essary or rJesirable, in Lender's
<br />sole opinion, to accomplish the matters referred to in the rreceding paragrarh.
<br />
<br />FULL PERFORMANCE. If Borrower and Trustor pay all the Indebtedness, including without limitation all future advances, when due,
<br />terminates the line of credit, and Trustor otherwise performs (lll the obligations imposed upon Trustor under this Deed of Trust, Lender shnll
<br />execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to Trustor suitable statements of termination of
<br />any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyanr.e fee
<br />required by law shall be paid by Trustor, if permitted by applicable law.
<br />
<br />EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed of Trust:
<br />
<br />Payment Default. Borrower fails to make any payment when due under the Indebtedness.
<br />
<br />Other Defaults. Borrower or Trustor fails to comply with or to perform nny other term, obligation, covenant or condition contained in
<br />this Deed of Trust or in any of the Related Documents or to comply with or to rerform any term, obligation, covenant or condition
<br />contained in any other agreement between Lender and Borrower or Trustor.
<br />
<br />Compliance Default. Failure to comply with any other term, obligation, covenant or r.ondition contained in this Deed of Trust, the Note
<br />or in any of the Related Documents.
<br />
<br />Default on Other Payments. Failure of Trustor within the time required by this Deed of Trust to make nny payment for tnxes or
<br />insurance, or any other rayment necessary to prevent filing of or to effect discharge of any lion.
<br />
<br />Default in Favor of Third Parties. Should Borrower or any Trustor default under any loan, extension of credit, security agreement,
<br />purchase or sales agreement, or any other agreement, in favor of any other creditor or person tt1flt may materially affect any of
<br />Trustor's property or Borrower's or any Trustor's ability to repay the Indebtedness or perform their resrective obligations under this
<br />Deed of Trust or any of the Related Documellls.
<br />
<br />False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or Trustor or on Borrower's or
<br />Trustor'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 />
<br />Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force nnd 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 />
<br />Death or Insolvency. The dissolution of Trustor's (regardless of whether election to continue is made), any member withdraws from
<br />the limited liability company, or any other termination of Borrower's or Trustor's existence as a going business or the death of any
<br />member, the insolvency of Borrower or Trustor, the appointment of a receiver for any part of Borrower's or Trustor's property, any
<br />assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy
<br />or insolvency laws by or against Borrower or Trustor.
<br />
<br />Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judir.ial proceeding, self-help,
<br />repossession or any other method, by any creditor of Borrower or Trustor or by (lny governmental agency against any proreny
<br />securing the Indebtedness. This includes a garnishment of any of Borrower's or Trustor's accoullls, including deposit accounts, with
<br />Lender. Howevor, this Event of Default shall not apply if there is a good faith dispute by Borrower or Trustor 1IS to the validity or
<br />re/lsonableness of the claim which is the basis of the creditor or forfeiture rroceeding and if Borrower or Trustor gives Lender written
<br />notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety 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 for the dispute.
<br />
<br />Breach of Other Agreement. Any breach by Borrower or Trustor under the terms of any other agreement between Borrower or
<br />Trustor 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, whether existing now or later.
<br />
<br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation
<br />party of any of the Indebtedness or any guarantor, endorser, surety, or ar.commodation party dies or ber.omes incompetent, or
<br />revokes or disputes the validity of, or liability under, /lny Guaranty of the Indebtedness. In the event of a death. Lender. at its option,
<br />may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in
<br />a manner satisfactory to Lender, and, in doing so, cure any Event of Default.
<br />
<br />Adverse Change. A material adverse change occurs in Borrower's or Trustor's financial condition, or Lender believes the prospect of
<br />payment or performance of the Indebtedness is impaired.
<br />
<br />Insecurity. Lender in good faith believes itself insecure.
<br />
<br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender
<br />may exercise anyone or more of the following rights and remedies:
<br />
<br />Acceleration Upon Default; Additional Remedies. If any Event of Default occurs as per the terms of the Note secured hereby,
<br />Lender may declare all Indebtedness secured by this Deed of Trust to be due and payable and the same shall thereupon become
<br />due and payable without any presentment, demand, rrotest or notice of any kind. Thereafter, Lender may:
<br />
<br />(a) Either in person or by agent, with or without bringing any action or proceeding. or by a receiver appointed by a r.ourt and
<br />without reg/lrd to the adequacy of its security, entor upon and take possession of the Property. or any rart thereof, in its
<br />own name or in the name of Trustee, and do any acts which it deems necessary or desirable to rreserve the value,
<br />marketability or rentability of the Prorerty, or part of the Property or interest in the Property; increase the income from the
<br />Property or protect the security of the Property; and, with or without taking possession of the Property, sue for or otherwise
<br />collect the rents, issues and profits of the Property, including those past due and unraid, and apply the same, less costs and
<br />expenses of operation and collection attorneys' fees, to any indebtedness secured by this Deed of Trust, all in such order as
<br />Lender may determine. The entering upon and tnking rossession of the Prorerty, the collection of such rents, issues and
<br />profits, and the arplication thereof shall not cure or waive any default or notice of default under this Deed of Trust or
<br />invalidate any act done in response to such default or pursuant to such notice of default; and, notwithstanding the
<br />continuance in possession of the Property or the collection, receipt and application of rents, issues or profits, Trustee or
<br />Lender shall be entitled to exercise every right provided for in the Note or the Related Documents or by law upon the
<br />occurrence of any event of default, including the right to exercise the power of sale;
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<br />(b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically enforce any of the
<br />covenants hereof; and
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<br />(c) Deliver to Trustee a written declaration of default and demand for sale and a written notice of default and election to
<br />cause Trustor's interest in the Prorerty to be sold, whir.h notice Trustee shall cause to be duly filed for record in theoapprorriate offices of the County in which the Property is located;
<br /> and
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