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<br />200701011
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<br />(b) fails to perform any Obligation or breaches any warranty or covenant to Lender contained in this Deed of Trust or any other
<br />present or future agreement;
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<br />(c) destroys, loses or damages the Propcrty in any material respcct or subjects the Property to seizure, confiscation, or condemnation;
<br />(d) seeks to revoke, terminate or otherwise limit its liability under any guaranty to Lender;
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<br />(e) dies, bccomes legally incompetent, is dissolved or terminated, becomcs insolvent, makes an assignment for the benefit of
<br />creditors, fails to pay debts as they bccome due, files a pctition under the federal bankruptcy laws, has an involuntary petition in
<br />bankruptcy filed in which Grantor, Borrower or any guarantor is named, or has property takcn under any writ or process of court;
<br />(f) allows goods to be used, transported or stored on the Property, the possession, transportation, or use of which, is illegal;
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<br />(g) allows any party other than Grantor or Borrower to assume or undertake any Obligation without the written consent of Lender;
<br />(h) causcs Lender to deem itself insecure due to a signiticant decline in the valuc of the Property; or
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<br />(i) if Lendcr, in good faith, for any reason, believes that thc prospect of payment or performance is impaired.
<br />19. RIGHTS OF LENDER ON EVENT OF DEFA ULT. Upon the occurrence of an Event of Default under this Dced of Trust, Lender
<br />shall be entitled to cxcrcise one or more of the following remedics without notice or demand (except as required by law):
<br />(a) to dcclare the Obligations immediately due and payable in full, such acceleration shall be automatic and immediate if the Event
<br />of Default is a filing under the Bankruptcy Code;
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<br />(b) to collect the outstanding Obligations with or without resorting to judicial process;
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<br />(c) to require Grantor to deliver and make available to Lender any personal property or Chattels constituting the Property at a place
<br />reasonably convenient to Grantor and Lender;
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<br />(d) to enter upon and take posscssion of the Property without applying for or obtaining the appointment of a receiver and, at
<br />Lender's option, to appoint a receiver without bond, without first bringing suit on the Obligations and without otherwise mccting
<br />any statutory conditions regarding receivers, it being intended that Lender shall have this contractual right to appoint a receiver;
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<br />(c) to employ a managing agent of the Property and let the same, either in Trustee's own name, in the name of Lender or in the
<br />name of Grantor, and receive the rents, incomcs, issues and profits of the Property and apply the same, after paymcnt of all
<br />necessary charges and cxpenses, on account of the Obligations;
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<br />(t) to pay any sums in any form or manner deemed expcdient by Lender to protect the security of this Deed of Trust or to curc any
<br />default other than payment of interest or principal on the Obligations;
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<br />(g) to foreclose this Deed of Trust judicially or nonjudicially and to direct the sale of the property through exercise of thc power of
<br />sale as referenced in paragraph 20, herein, in accordance with applicable law;
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<br />(h) to set-off Grantor's Obligations against any amounts owed Grantor by Lender including, but not limited to, monies, instruments,
<br />and deposit accounts maintaincd with Lender or any currently existing or future affiliate of Lcnder; and
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<br />(i) to exercisc all other rights available to Lender under any other writtcn agreement or applicable law.
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<br />Lender's rights are cumulative and may be exercised together, separatcly, and in any order. In the cvent that Lender institutcs an action
<br />seeking the recovery of any of the Property by way of a prejudgment remedy in an action against Grantor, Grantor waives the posting of any
<br />bond which might othcrwise be required. Lcnder or Lender's dcsignee may purchasc the Property at any sale. Proceeds of any Trustee's salc
<br />hereunder shall be applied first, to the costs and expenses of exercising the power of sale and of thc sale, including the payment of the
<br />Trustcc's fees actually incurrcd and not to excecd the amount which may be provided for in this Deed of Trust, second, to payment of the
<br />Obligations secured hereby, third, to the paymcnt of junior trust dceds, mortgages, or other lienholders, and thc balance, if any, to the person
<br />or pcrsons legally entitled thcrcto. The Property or any part thereof may be sold in one parcel, or in such parcels, manner or order as Lender
<br />in its sole discretion may elect, and one or more exercises of the power herein granted shall not extinguish or exhaust the powcr unless the
<br />entire Property is sold or the obligations are paid in full.
<br />20. TRllSTEE'S EXERCISE OF POWER OF SALE ON DEFAULT. Upon default by Borrower in payment of any Obligations secured
<br />hereby, Lender may declare all sums, secured hereby, immediately due and payable and shall cause to bc tiled of record a written noticc of default
<br />and election to sell the Property. After the lapse of such time as then may be required by law following recordation of such notice of default, and
<br />notice of sale having been given as then required by law, Trustee, without demand on Grantor, shall sell such Property, either as a whole or in
<br />separate parcels, and in such order as it or Lender may determine. at public. auction to the highest biddcr. Trustee may postpone the sale of all or
<br />any portion of the Property by public announcement at the time and place of sale, and from time to time thereafter may postpone the sale by public
<br />announcement at the time and place fixed by the preceding postponement. Trustee shall deliver to such purchaser its deed conveying the property,
<br />or portion thereof, so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters of fact or otherwise,
<br />shall be conclusive proof of the truthfulness thereof. Any person, including Grantor, Trustee or Lender, may purchase at such sale.
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<br />21. REQUEST FOR NOTICES. Grantor requests that a copy of any notice of default and a copy of any notice of sale hereunder be
<br />mailed to each person who is a party hereto, at the address of such person set forth herein at the same time and in the same manner required
<br />as though a separate request thereof had been filed by each such person.
<br />22. SECIJRlTY INTEREST UNDER THE UNIFORM COMMERCIAL CODE. This Dced of Trust shall be considered a financing
<br />statement and a fixture filing pursuant to the provisions of thc Uniform Commercial Code (as adopted in the statc where the Property is
<br />located) covering fixtures, chattels, and articles of personal property now owned or hercafter attached to or to be used in connection with the
<br />Property together with any and all replacements thereof and additions thereto (the "Chattels"), and Grantor hereby grants Lender a security
<br />interest in such Chattels. "Ibe debtor is the Grantor describcd above. The secured party is thc Lender described above or any nominee of
<br />Lender who is named as beneficiary on page I. Upon demand, Grantor shall make, cxccute and deliver such security agrccments (as such
<br />term is defined in said Uniform Commercial Code) as Lcnder at any time may deem necessary or proper or required to grant to Lcnder a
<br />perfected security interest in the Chattels, and upon Grantor's failure to do so, Lender is authorized to sign any such agreement as the agcnt of
<br />Grantor. Grantor hereby authorizes Lendcr to file financing statements (as such term is defincd in said Uniform Commercial Code) with
<br />rcspect to the Chattels, at any time, without the signature of Grantor. Grantor will, however, at any time upon request of Lender, sign such
<br />financing statcments. Grantor will pay all filing fees for the filing of such financing statcmcnts and for the refiling thereof at the timcs
<br />required, in the opinion of Lender,by said Uniform Commercial Codc. If the lien of this Deed of Trust is subject to any security agreement
<br />covering the Chattels, thcn in the event of any default under this Deed of Trust, all the right, title and intercst of Grantor in and to any and all
<br />of the Chattels is hereby assigned to Lender, together with the benefit of any deposits or payments now or hereaftcr made thereof by Grantor
<br />or the predecessors or successors in title of Grantor in the Property.
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<br />23. REIMBlJRSEMENT OF AMOUNTS EXPENDED BY LENDER. Ler.der, at Lender's option, may expend funds (including
<br />attorneys' fees and legal expenses) to perform any act required to be takcn by Grantor or to exercise any right or rcmedy of Lender under this Deed
<br />of Trust. Upon demand, Grantor shall immcdiatcly reimburse Lender for all such amounts expended by Lender together with intcrcst thcreon at thc
<br />lower of the highest rate described in any Obligation or the highest rate allowed by law from the date of payment until the date of reimbursement.
<br />These sums shall be included in the definition of Obligations hercin and shall be secured by the beneficial intercst granted herein. If the
<br />Obligations are paid after the beginning ofpuhlication of noticc of sale, as herein provided, or in the cvcnt Lender shall, at its sole option, permit
<br />Grantor to pay any part of the Obligations after the beginning of publication of notice of sale, as hcrcin provided, then, Grantor shall pay on
<br />dcmand all expenses incurred by the Trustee and Lender in connection with said publication, including reasonable attorneys' fees to the attorneys
<br />for thc Trustee and for the Lender, and a reasonable fee to the Trustec, and this Deed of Trust shall be sccurity for all such expenses and tees.
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<br />24. AI'PLICATION OF PAYMENTS. All payments made by or on behalf of Grantor may be applied against the amounts paid by
<br />Lender (including attorncys' fees and legal expenscs) in connection with the exercisc of its rights or remedies described in this Deed of Trust
<br />and then to the payment of the remaining Obligations in whatever order Lendcr chooses.
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<br />25. POWER OF ATTORNEY. Grantor hcreby appoints Lender as its attorney-in-fact to endorse Grantor's namc on all instruments and
<br />other documents pertaining to the Obligations or Deed of Trust. In addition. Lender shall be entitled, but not requircd, to perform any action
<br />or execute any document required to bc taken or executed by Grantor under this Deed of Trust. Lender's performancc of such action or
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<br />ITEM 123314 (0504)
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<br />lPNE511D <tl Harland Financial SOlutiOns. Inc. (9/10/98)
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<br />(Page 4 of 7 pages)
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<br />GreatDocs'IM
<br />To Order Call: 1-800,968-5775
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<br />APP #: 6058867
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