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<br />Loan No: 5189188
<br />
<br />DEED OF TRUST
<br />(Continued)
<br />
<br />200609006
<br />
<br />Page 4
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<br />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 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 appropriate, any and all such mortgages,
<br />deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance,
<br />certificates, and other documents as may, in the sole opinion of lender, be necessary or desirable in order to effectuate, complete, perfect,
<br />continue, or preserve (1) Borrower's and Trustor's obligations under the Note, this Deed of Trust, and the Related Documents, and (2)
<br />the liens and security interests created by this Deed of Trust as first and prior liens on the Property, whether now owned or hereafter
<br />acquired by Trustor. Unless prohibited by law or lender agrees to the contrary in writing, Trustor shall reimburse lender for all costs and
<br />expenses incurred in connection with the matters referred to in this paragraph.
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<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 of
<br />Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints lender as Trustor's attorney"in-fact for the
<br />purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in lender's sole
<br />opinion, to accomplish the matters referred to in the preceding paragraph.
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<br />FUll PERFORMANCE. If Borrower and Trustor pay all the Indebtedness, including without limitation all future advances, when due, and Trustor
<br />otherwise performs all the obligations imposed upon Trustor under this Deed of Trust, lender shall execute and deliver to Trustee a request for full
<br />reconveyance and shall execute and deliver to Trustor suitable statements of termination of any financing statement on file evidencing lender's
<br />security interest in the Rents and the Personal Property. Any reconveyance fee required by law shall be paid by Trustor, if permitted by applicable
<br />law.
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<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.
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<br />Other Defaults. Borrower or Trustor fails to comply with or to perform any other term, obligation, covenant or condition contained in this
<br />Deed of Trust or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in
<br />any other agreement between lender and Borrower or Trustor.
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<br />Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note or in
<br />any of the Related Documents.
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<br />Default on Other Payments. Failure of Trustor within the time required by this Deed of Trust to make any payment for taxes or insurance, or
<br />any other payment necessary to prevent filing of or to effect discharge of any lien.
<br />
<br />Default In Favor of Third Parties. Should Borrower or any Trustor default under any loan, extension of credit, security agreement, purchase
<br />or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Trustor's property or
<br />Borrower's or any Trustor's ability to repay the Indebtedness or perform their respective obligations under this Deed of Trust or any of the
<br />Related Documents.
<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 time
<br />made or furnished or becomes false or misleading at any time thereafter.
<br />
<br />Defective Collaterallzatlon. This Deed of Trust or any of the Related Documents ceases to be in full force and effect (including failure of any
<br />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 or termination of Borrower's or Trustor's existence as a going business, the insolvency of Borrower or
<br />Trustor, the appointment of a receiver for any part of Borrower's or Trustor's property, any assignment for the benefit of creditors, any type of
<br />creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower or Trustor.
<br />
<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 Trustor or by any governmental agency against any property securing the
<br />Indebtedness. This includes a garnishment of any of Borrower's or Trustor's accounts, including deposit accounts, with lender. However,
<br />this Event of Default shall not apply if there is a good faith dispute by Borrower or Trustor as to the validity or reasonableness of the claim
<br />which is the basis of the creditor or forfeiture proceeding and if Borrower or Trustor gives lender written notice of the creditor or forfeiture
<br />proceeding and deposits with lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by lender,
<br />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 agreernent between Borrower or Trustor and
<br />lender that Is not remedied within any grace period provided therein, including without limitation any agreement concerning any
<br />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 of any of the Indebtedness or any
<br />Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. In the
<br />event of a death, lender, at its option, may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the
<br />obligations arising under the guaranty in 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.
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<br />Insecurity. lender in good faith believes itself insecure.
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<br />Right to Cure. If any default, other than a default in payment is curable and if Trustor has not been given a notice of a breach of the same
<br />provision of this Deed of Trust within the preceding twelve (12) months, it may be cured if Trustor, after receiving written notice from lender
<br />demanding cure of such default: (1) cures the default within twenty (20) days; or (2) if the cure requires more than twenty (20) days,
<br />immediately initiates steps which lender deems in lender's sole discretion to be sufficient to cure the default and thereafter continues and
<br />completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical.
<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 may
<br />exercise anyone or more of the following rights and remedies:
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<br />Acceleration Upon Default; Additional Remedies. If any Event of Default occurs as per the terms of the Note secured hereby, lender
<br />may declare all Indebtedness secured by this Deed of Trust to be due and payable and the same shall thereupon become due and
<br />payable without any presentment, demand, protest or notice of any kind. Thereafter, Lender may:
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<br />(a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and
<br />without regard to the adequacy of its security, enter upon and take possession of the Property, or any part thereof, in its own name
<br />or in the name of Trustee, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability
<br />of the Property, or part of the Property or interest in the Property; increase the income from the Property or protect the security of
<br />the Property; and, with or without taking possession of the Property, sue for or otherwise collect the rents, issues and profits of the
<br />Property, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection attorneys'
<br />fees, to any indebtedness secured by this Deed of Trust, all in such order as lender may determine. The entering upon and taking
<br />possession of the Property, the collection of such rents, issues and profits, and the application thereof shall not cure or waive any
<br />default or notice of default under this Deed of Trust or invalidate any act done in response to such default or pursuant to such
<br />notice of default; and, notwithstanding the continuance in possession of the Property or the collection, receipt and application of
<br />rents, issues or profits, Trustee or Lender shall be entitled to exercise every right provided for in the Note or the Related
<br />Documents or by law upon the 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 cause
<br />Trustor's interest in the Property to be sold, which notice Trustee shall cause to be duly filed for record in the appropriate offices of
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