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<br />LOlln No: 8'09687
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<br />DEED OF TRUST
<br />(Continued)
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<br />200809360
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<br />PlIge 4
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<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, ceuse to be filed, recorded,
<br />refiled, or rerecorded, as the case may be, at such times and in such offices and place. a. Lender may deem appropriate, any and all
<br />such mortgages, deeds of trust. security deeds. security agreements. financing statements, continuation statements, instruments of
<br />further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to
<br />affectuate, complate, perfect, continue, or presarva (1) Borrowar's and Trustor's obligations under the Note, this Deed of Trust, and
<br />the Related Documents, and 121 the liens .nd security interests created by this Deed of Trust on the Property, whether now owned
<br />or hereafter acquired by Trustor. Unles. prohibited by law or Lander agrees to the contrary in writing, Trustor shall reimbur.e Lender
<br />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 feils to do any of tha things referred to in the preceding paragraph, Lender may do '0 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 meking, executing, delivering, filing, recording, and doing all other things es mey be necessary or desirable, in Lender's
<br />sole opinion, to accomplish the metters referred to in the preceding paragraph.
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<br />FULL PERFORMANCE. If Borrower and Trustor pay .11 the Indebtedness, including without limitation all future advances, when due, .nd
<br />Trustor otherwise performs all the obligations imposed upon Tru.tor under this Deed of Trust, Lender shall execute and deliver to Trustee a
<br />request for full reconveyance end shall execute and deliver to Trustor suitable statements of terminetion of eny financing statement on file
<br />evidencing Lander's sacurity interest in the Rents and the Per.onal Property. Any reconveyanca faa required by law shell be peid by
<br />Trustor, 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 of Default under this Deed of Trust:
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<br />Payment Default. Borrower feils to make any payment when due under tha 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 eny term, obligation, covenant or condition
<br />contained in .any.ott\SI' ElgnH3n',ant h6tween Lc-nde. ~nd Dorrowo~ o~ TrUstor.
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<br />Compliance Default, Fe;'lure 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 Document..
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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 effect discharge of any lien.
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<br />Defeull In Favor of Third Partias. Should Borrower or any Trustor default under any loan, extension of credit, security agreement,
<br />purcha.e or s.les agreement, or any other egreement, in fevor 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 respective obligetions under this
<br />Deed of Trust or eny 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 />Trustor's behalf under this Deed of Trust or tha 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.
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<br />Defective Collateralization. This Deed of Trust or any of the Relatad Documents ceases to be in full force and effect (including failure'
<br />of any collater.1 document to create a valid end perfected security interest or lien) at any time and for any reason.
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<br />Death or Insolve"cy, The death of Borrower or Trustor, the insolvency of Borrower or Trustor, the appointment of a receiver for any
<br />part of Borrower's or Trustor's property, any assignment for the benefit of creditors, eny type of creditor workout, or tha
<br />commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower or Trustor.
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<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
<br />securing the Indebtedness. This includes a garnishment of any of Borrower's or Trustor's accounts, including deposit Bccounts, with
<br />Lender. However, this Event of Default shall not epply if there i. a good faith dispute by Borrower or Trustor as to the validity or
<br />reasonableness of the claim which i. 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 daposits 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.
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<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.
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<br />Events Affecting Guarantor, Any of the preceding events occurs with respect to any guarantor, endorser, surety, Dr accommodation
<br />party of any of the Indebtedness or any guarantor. endorser, surety, or accommodation party dies or becomes incompetent, or
<br />revokes or disputes the validity of, or liability under, any Guaranty of the Indabtedness.
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<br />Adverse Change. A material adverse chenge occurs in Borrower's or Trustor's financial condition, or Lender believes the pro.pect of
<br />payment or parformanca of the Indebtedness is impeired.
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<br />Inaecurlty. Lender in good faith believes Itself insecure.
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<br />Exisung Irldebtedl1ess. The payment ot any iMtallment of prinCipal u' any imel'est 011 the Existing Indebtadnt.l55 i5 not mad~ within the
<br />time required by the promissory note evidenCing such indebtedness, or a. default occurs under the instrument securing such
<br />indebtedness and is not cured during any applicable grace period in such instrument, or any suit or other aCtion is commenced to
<br />foreclose eny existing lien on the Property.
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<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 remedias:
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<br />Acceleretlon Upon Defeult; Additional Remedies. If any Event of Default occurs as per the terms of the Note secured hereby,
<br />Lender may decrare all Indebtedness secured by this Deed of Trust to be due and payable end the seme shall thereupon become
<br />due and payable without any presentment, demand, protest or notice of any kind. Thereafter, Lender mey:
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<br />Ie) Either in person or by agent, with or without bringing eny ection 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
<br />own name or in the name of Trustee, and do any acts which it deems necessary or desirable to preserve the value,
<br />marketability or rentability of the Property, or part of the Property or in.terest in the Property; increasa tha 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 />coHect the rents, issues and profits of the Property, InCluding those past due end unpaid, end apply the same, less Costs and
<br />expenses of operation end 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 teking possession of the Property, the collection of such rents, issues end
<br />profits, and the application thereof shall not cure or waive eny default or notice of default under this Deed of Trust or
<br />invalidate any act done in response to such default or pur.uant 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 exercisa every right provided for in the Note or the Relatad Documents or by law upon the
<br />occurrence of any event of defeult, InCluding the right to exercise the power of sale;
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<br />(b) Commence an action to foreclose this Deed of Trust es e mortgage, appoint a receiver or .pecifically enforce any of tha
<br />covenants hereof: and
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<br />Ie) Deliver to Trustee a written decl.ration of default and demand for sare and a written notice of default and election to
<br />Cause Trustor's interest in the Property to be sold, which notice Trustee shBII Cause to be duly filed for record ill the
<br />appropriate offices of the County in which the Property is rocated: and
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