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<br /> DEED OF TRUST 200906599
<br /> Loan No: 101223529 (Continued) Page 5
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<br /> refiled, or rerecorded, as the case may be, at such times and in such offices and places as 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 /> 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 Dead of Trust as first and prior liens on the Property,
<br /> whether now owned or hereafter acquired byTrustor. Unless prohibited by law or Lender agrees'tq 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 /> 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 necessary or desirable,.inLander's
<br /> sole opinion, to accomplish the matters. referred to in the preceding paragraph:
<br /> FULL PERFORMANCE. If Borrower and Trustor pay all the Indebtedness, including without limitation all future advances, 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 Trustor suitable statements of termination of any financing statement on file
<br /> evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by law shall be paid by
<br /> Trustor, if permitted by applicable law.
<br /> EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed of Trust:
<br /> Payment Default. Borrower fails to make any payment when due under the Indebtedness.
<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.
<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.
<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.: .
<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 /> Defective Collateralization. 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.
<br /> 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,
<br /> any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against
<br /> Borrower or Trustor.
<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 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
<br /> proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute.
<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 /> 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 accommodation party dies or becomes incompetent, or
<br /> revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness.
<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 /> Insecurity. Lender in good faith believes itself insecure.
<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
<br /> same provision of this Deed of Trust within the preceding twelve (12) months, it may be cured if Trustor, after Lender sends written
<br /> notice to Borrower demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) if the cure requires more
<br /> than fifteen (15) days, immediately initiates steps which Lender deems in Lander's sole discretion to be sufficient to cure the default
<br /> and thereafter continues and completes all .reasonable and necessary steps sufficient to produce compliance as soon as reasonably
<br /> practical.
<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 any one or more of the following rights and remedies:
<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 or protest of any kind. Thereafter, Lender may:
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