<br />
<br />
<br /> DEED OF TRUST
<br /> 200908284
<br /> Loan No: 1012,95505` (Continued) Page 5
<br />
<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.
<br /> Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which information concerning 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.
<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:
<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, cause to be filed, recorded,
<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 Deed of Trust as first and prior liens on the Property,
<br /> whether now owned or hereafter acquired by Trustor, Unless prohibited by law or Lender agrees to 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, Lander 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, in Lender'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 /> Death or Insolvency. The dissolution or termination of Borrower's or Trustor's existence as a going business, the insolvency of
<br /> Borrower or Trustor, the appointment of a receiver for any part of Borrower's or Trustor's property, any assignment for the benefit of
<br /> creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or
<br /> against 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 Lander 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 /> ' I
<br /> a
<br /> i
<br /> ~II
<br /> I
<br /> i~
<br /> 'I.
<br /> i
<br /> p
<br /> i i
<br /> I
<br />
|