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DEED OF TRUST 2 010 0 5 S 4 i
<br />Loan No: 909233675 (Continued) Page 5
<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 11) Borrower's and Trustor's obligatipns under the Note, this Desd of Trust, and
<br />the Related Documents, and (21 the liens and security interests created by this Deed of Trust as first and prior liens an the Property,
<br />whether now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees tp 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 tp in the preceding paragraph, Lender may da sa for and in the name
<br />of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints Lender as Trustor's attprnay-in-fact fpr
<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 when due, and Trustor otherwise performs elf the pbligations
<br />imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall
<br />execute and deliver to Trustpr suitable statements of termination of any financing statement on file evidencing Lender's security interest in
<br />the Rents and the Perspnal Property. Any reconveyance fee required by law shall be paid by 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 Defauks. 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 ar to comply with or to perform any term, obligation, covenant or condition
<br />contained in any other agreement between Lender and Borrower or Trustpr.
<br />Compliance Default. Failure to comply with any other term, pbligatian, covenant or condition contained in this Deed of Trust, the Note
<br />or in any of the Related Documents.
<br />Default on Other Ppyments. Failure of Trustor within the time required by this Deed of Trust to make any payment far taxes or
<br />insurance, or any other payment necessary to prevent filing pf 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 />Trustnr's behalf under this peed 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 pf the Related Documents ceases to be in full farce and effect (including failure
<br />of any collateral document to create a valid and perfected security interest ar lien) at any time and for any reason.
<br />Death or Insolvency. The dissolution of Trustor's (regardless of whether election to continue is made), any member withdraws from
<br />the limited liability company, or any other termination pf Borrower's ar Trustor's existence as a going business or the death of any
<br />member, the insolvency of Borrower or Trustor, the appointment of a receiver fpr any part of Barrawer's or Trustor's property, any
<br />assignment for the benefit pf creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy
<br />or insolvency laws by pr against Borrower or Trustor.
<br />Creditor or Forfeiture Proceedings. Commencement pf foreclosure ar forfeiture proceedings, whether by judicial proceeding, self-help,
<br />reppssessipn or any other method, by any creditor of Bprrpwer or Trustpr 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 Trustpr gives Lender written
<br />notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor pr forfeiture
<br />proceeding, in an ampunt 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 Trustpr under the terms of any other agreement between Bprrpwer or
<br />Trustor and Lender that is not remedied within any grace period provided therein, including without limitatipn any agreement
<br />concerning any indebtedness ar ether obligation of Borrower or Trustpr 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 pf, or liability under, any Guaranty pf 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 optics pf a breach of the
<br />same provision of this Deed of Trust within the preceding twelve (12) months, it may be cured if Trustpr, 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 Lender'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 es reasonably
<br />practical.
<br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, et any time thereafter, Trustee or Lender
<br />may exercise any one or mere pf 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, pretest or notice of any kind. Thereafter, Lender may:
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