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<br />DEED OF TRUST
<br />(Continued) 2 0 0 9 0 7 214 Page 4
<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:
<br />Security Agreement. This instrurhent shall constitute a Security Agreement to the extent any of the Property constitutes 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.
<br />Security Interest. Upon request y Lender, Trustor shall take whatever action is requested by Lender to perfect and continue Lender's
<br />security interest in the Rents an~ Personal Property. In addition to recording this Deed of Trust in the real property records, Lander
<br />may, at any time and without fu ther authorization from Trustor, file executed counterparts, copies or reproductions of this Deed of
<br />Trust as a financing statement. ~ Trustor :3hall reimburse Lender for all expenses incurred in perfecting or continuing this security
<br />interest. Upon default, Trustor s all not rernove, sever or detach the Personal Property from the Property. Upon default, Trustor shall
<br />assemble any Personal Property vt affixed to the Property in a manner and at a place reasonably convenient to Trustor and Lender
<br />and make it available to Lender ithin three 13) days after receipt of written demand from Lender to the extent permitted by applicable
<br />law.
<br />Addresses. The mailing addresdes of Trustor (debtor) and Lender (secured party) from which information concerning the security
<br />interest granted by this Deed of rust may be obtained (each as required by the Uniform Commercial Code) are as stated on the first
<br />page of this Deed of Trust.
<br />FURTHER ASSURANCES; ATTORNE -IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of
<br />this Deed of Trust:
<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 deliver~d, to Lender or to Lender's designe®, and when requested by Lender, cause to be filed, recorded,
<br />refiled, or rerecorded, as the cos 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, nd other documents as may, in the sole opinion of Lender, be necessary or desirable in order to
<br />effectuate, complete, perfect, ca time, or preserve (11 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 Deed of Trust as first and prior liens on the Property,
<br />whether now owned or hereafte acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writing, Trustor
<br />shall reimburse Lender for all cos s and expenses incurred in connection with the matters referred to in this paragraph.
<br />Attorney-in-Fact. If Trustor fails o 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 expe se. For such purposes, Trustor hereby irrevocably appoints Lender as Trustor's attorney-in-fact for
<br />the purpose of making, executin ,delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's
<br />sole opinion, to accomplish the otters referred to in the preceding paragraph.
<br />FULL PERFORMANCE. If Borrower a d 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 she I 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 la
<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 nr Tru for 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 he 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 Nate
<br />or in any of the Related Documents.
<br />Default nn Other Payments. F ilure of Trustor within the time required by this peed 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 />Default in Favor of Third Parties. Should Borrower or any Grantor default under any loan, extension of credit, security agreement,
<br />purchase or sales agreement, o any othc3r agreement, in favor of any other creditor or person that may materially affect any of
<br />8orrower's or any Grantor's pro arty or Borrower's ability to repay the Indebtedness or Borrower's or Grantor's ability to perform their
<br />respective obligations under this Deed of Trust or any of the Related Documents.
<br />False Statements. Any warrant ,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 beco es false or misleading at any time thereafter.
<br />Defective ColNateralization. This~Deed of Trust or any of the Related Documents ceases tc be in full force and effect (including failure
<br />of any collateral document to cr lIate a valid and perfected security interest or lien) at any time and for any reason.
<br />Death or Insolvency. The dissollation 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 Trustnr's existence as a going business or the death of any
<br />member, the insolvency of Borr ~ war or Trustor, the appointment of a receiver for any part of Borrower's or Trustar's property, any
<br />assignment for the benefit of cr ditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy
<br />or insolvency laws by or against Borrower wr 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. Thin includes a garnishment of any of 8orrnwer's yr Trustor's accounts, including deposit accounts, with
<br />Lender. However, this Event o~ Default shall not apply if there is a goad faith dispute by Borrower or Trustor as to the validity or
<br />reasonableness of the claim whi his the basis of the creditor or forfeiture proceeding and if Borrower or Trustor gives Lender written
<br />notice of the creditor or forfei ure proceeding and deposits with Lender monies nr a surety bond for the creditor or forfeiture
<br />proceeding, in an amount deter fined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute.
<br />Breach of Other Agreement. ny breach 6y Borrower or Trustor under the terms of any other agreement between Borrower or
<br />Trustor and Lender that is nn~ remedied within any grace period provided therein, including without limitation any agreement
<br />concerning any indebtedness or ther 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, nr accommodation party dies or becomes incompetent, or
<br />revokes or disputes the validity df, or liability under, any Guaranty of the Indebtedness.
<br />Adverse Change. A material ad~erse 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 />Existing Indebtedness. The pay ant of any installment of principal ar any interest on the Existing Indebtedness is not made within the
<br />time required by the promissory note evidencing such indebtedness, yr a default occurs under the instrument securing such
<br />indebtedness and is not cured ~furing any applicable grace period in such instrument, or any suit or other action is commenced to
<br />foreclose any existing lien on th~ Property.
<br />Right to Cure. If any default, o (her 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~rust within the preceding twelve (12) months, it may be cured if Trustor, after Lender sends written
<br />notice to Borrower demanding lure of such default: (1) cures the default within twenty (20) days; or (21 if the cure requires more
<br />than twenty 120) days, immedi ~tely initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default
<br />and thereafter continues and c~mpletes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably
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