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<br />Loan No: 87355
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<br />DEED OF TRUST
<br />(Continued)
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<br />200609333
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<br />Page 4
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<br />applied in the manner provided in this Deed of Trust. Lender's receipt of such condemnation proceeds and the application of such
<br />proceeds as provided in this Dead of Trust shall not affect the lien of this Deed of Trust.
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<br />IMPOSITION OF TAXES. FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental
<br />taxes, fees and charges are a part of this Deed of Trust:
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<br />Current Taxes. Faas snd Chsrges. Upon request by Lender, Trustor shall executa such documents in addition to this Deed of Trust
<br />and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Trustor shall
<br />reimburse Lender for all taxes, as described below. together with all expenses incurred in recording, perfecting or continuing this Deed
<br />of Trust. including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of
<br />Trust.
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<br />Taxes. The following shall constitute taxes to which this section applies; (1) a specific tax upon this type of Deed of Trust or upon
<br />all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Borrower which Borrower is authorized or
<br />required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (3) a tax on this type of Deed of Trust
<br />chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on
<br />payments of principal and interest made by Borrower.
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<br />Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust. this event shall
<br />have the same effect as an Event of Default. and Lender may exercise any or all of Its available remedies for an Event of Default as
<br />provided below unless Trustor either (1) pays the tax before it becomes delinquent. or (2) contests the tax as provided above in the
<br />Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender.
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<br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a
<br />part of this Deed of Trust:
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<br />Security Agreement. This instrument shall constitute a Security Agreement to the extant any of the Properly conslllutes fixtures, and
<br />Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time.
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<br />Security Interest. Upon request by Lender, Trustor shall take whatever action is requested by Lender to perfect and continue Lender's
<br />security interest in the Rents and Personal Property. In addition to recording this Deed of Trust in the real property records. Lender
<br />may, at any time and without further authorization from Trustor. file executed counterparts, copies or reproductions of this Deed of
<br />Trust as a financing statement. Trustor shall reimburse Lender for all expenses incurred in perfecting or continuing this security
<br />interest. Upon default, Trustor shall not remove. sever Or detach the Personal Property from the Property. Upon default. Trustor shall
<br />assemble any Personal Property not affixed to the 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 after receipt of written demand from Lender to the extent permitted by applicable
<br />law.
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<br />Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which information conceming the security
<br />interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated on the first
<br />page of this Deed of Trust.
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<br />FURTHER ASSURANCES; ATTORNEY.IN.FACT. The following provisions relating to further assurances and attorney.in.fact are a part of
<br />this Deed of Trust:
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<br />Further Assurances. At any time. and firom time to time. upon request of Lender. Tnustor will make. execute and deliver. or will cause
<br />to be made, executed or deliwred, to Lender or to Lender's desig.--, and when requested by Lender. cause to be filed. necorded.
<br />refiled. or rerecorded, as the case may be. at such times and in such offices and plaoes as Lender may deem appropriate. any and ell
<br />such mortgages. deeds of trust. security deeds. security agreements. financing statements. continuation statements, instnumenlS of
<br />further assurance. certificates. 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 Tnustor's obligations under the Note. this Deed of Tnust. and
<br />the Related Documerrls. and (2) the liens and security interests created by this Deed of Tnust as first and prior liens on the Property.
<br />whether now owned or hereafter acquired by Tnustor. Unless prohibited by law or Lender agrees to the oontrary in writing, Tnustor
<br />shall reimburse Lender for all costs and 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
<br />of Trustor and at Trustor's expense. For such purposes. Trustor hereby irrevocably appoints Lender as Trustor's atlorney-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.
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<br />FULL PERFORMANCE. If Borrower and Trustor pay all the Indebtedness. Including without limitation all future advanoes. when due, and
<br />Trustor otherwise performs all the obligations imposed upon Trustor under this Deed of Trust. Lender shall execute and deliver to Trustee a
<br />request for full reconveyance and shall execute and deliver to Tnustor suitable statements of termination of any financing statement on file
<br />evidencing Lender's security interest in the Rerrls and the Personal Property. Any reconveyance fee required by law shall be paid by
<br />Tnustor. If permitted by applicable law.
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<br />EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event 01 Default under this Deed of Trust:
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<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
<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 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
<br />or in 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
<br />insurance, or any other payment necessary to prevent filing of or to effact discharge of any lien,
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<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 that may materially affect any of
<br />Trustor's property or Borrower's or any Trustor's ability to repay the Indebtedness or perform their respeclive obligations under this
<br />Deed of Trust or any of the Related Documents.
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<br />False Statements. Any warranty, representation or statement made Or furnished to Lender by Borrower or Trustor or on Borrower's or
<br />Tnustor's behalf, or made by Guarantor, or any other guarantor, endorser, surety, or accommodation party, under this Deed of Trust or
<br />the Related Documents in connection with the obtaining of the Indebtedness evidenced by the Note or any security document directly
<br />or indirectly securing repayment of the Note is false or misleading in any material respect, either now or at the time made or furnished
<br />or becomes false or miSleading at any time thereafter.
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<br />Defective Collatarallzatlon. This Deed of Trust or any of the Related Documents ceases to be in full 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.
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<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.
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<br />Creditor or Forfeiture Proceedings. Commencement of loreclosure 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
<br />securing the Indebtedness. This includes a garnishment of any of Borrower's or Trustor'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 />reasonableness of the claim which is the basis of the creditor or forfeiture proceeding 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
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