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201005361
<br />DEED OF TRUST
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<br />and take whatever other action is requested by Lender to perfect and continue Lender's Ilan on the Real Property. Trustor shall
<br />reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfec#Ing ar cantinuing this Deed
<br />of Trus#, including without (imitation all taxes, fees, documentary stamps, and other cfisarges for recording ar registering this Deed of
<br />'i-rust.
<br />Taxes. The fallowing shall constitute texas to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon
<br />all ar any part of the Indebtedness secured by this Ased of Trust; (2) a speafic tax an Trustor which Trustor is authorized ar
<br />required tp deduct from payments art the Indebtedness seraured by this type a# Deed of Trust; (3) a tax nn this type of need of "frost
<br />chargeable against the Lender or the holder of the Note; and (4} a specific tax an ail ar any portion of the Indebtedness or an
<br />payrrrents of principal and Interest made by Trustor.
<br />Subsequent Taxes. If any tax to which this section applies is enacted subsequent #o the data of this Deed of Trust, this event shall
<br />have She same effect as an Event of Default, and Lender may exercise any or all of its available remedies far an Event of Default as
<br />provided beiaw unless Trustor either (9) pays the tax be#ore it becanma delinquent, or (2) can#ests the tax as provided shave in the
<br />faxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other secxrrity satisfactory to Lender,
<br />SECURITY AGRE>eMENT; FINANCENG S7'ATENIENTS. The fallowing previsions relating to th€s Deed of Trust as a security agreement are a
<br />part of this l5eed of Trust:
<br />5ecurilty Agreement. This instrument shall constitute a Security Agreement to the extent any pf the Properly constitutes fixtures, and
<br />Lender shall Crave all of the rights of a secured party under the Uniform Commercial Coda as amended from time to time.
<br />Security Interest. Upon request by Lender, Trustor shall take whatever action is n~quest®d by Lender to pertect and cantinas Lender's
<br />security interest in the Personal Property. In addition to retarding #his IJeed of Trust in the real property records, Lender may, at any
<br />time and without #urther authorization from Trustor, file executed counterparts, copies or reproductions of this peed of 'trust as a
<br />financing statement. Truster shalt reimburse Lender for all expenses incurred in perfecting or cantinuing this security interest. Upon
<br />default, Trustor shall net remove, sever ar detach the Personal property from the Property, Upon default, Trustor shall assemble any
<br />Personal Property not affixed to the Properly in a manner and at a place reasonably convenient to Trustor and tender and make i#
<br />available to Lender within three {3) days after receipt of written demand from Lender to the extent permitted by applicable law.
<br />Addresses. The mailing addresses of Trustor (debtor) and tender (secured party) from which Information canceming the security
<br />interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Cork:) are as stated an the first
<br />page of this Deed of Trust.
<br />Fl1RTNER ASSURANCES; ATTORNEY-IN•FACT. The following provisions relating to further assurances and attorney-in-feat are a part of
<br />this Deed of Trust:
<br />Further Assurances. At any time, and from time to lime, upon request a# Leader, Trustor will make, execute and deliver, or will cause
<br />to be made, executed yr delivered, to Lender ar 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, canHnuation statements, instruments of
<br />further assurance, certificates, and other documents as may, in the sale apinfnn of Lender, b® necessary or desirable in order to
<br />effectuate, complete, perfect, continue, or preserve {7) Trustor's obligations under the Nate, this Deed of Trust, and the Related
<br />Documents, and (2) the (fens and security interests created 6y this Deed of Trust as first and prior liens on the Property, whether
<br />now awned ar hereafter acquired by Trustor. Unless prohibited by law ar Lender agrees to the cpntrary in writing, Truster shall
<br />r~simburse Lender far all costs and expenses incurred in connection with the matters referred to in this paragraph.
<br />Attorney-infect, If Trustor fails to da any of the things referred to in the preceding paragraph, Lender may do so for and in the Hams
<br />of Trustor and at Trustor's expense, For such purposes, Trustor hereby irrevocably appoints Lender as Trustar's attorney-in-fact for
<br />the purpose of making, ~tecuting, delivering, filing, renordirig, and doing all other things as may be necessary or desirable, in Lender's
<br />sole opinion, !a accomplish the matters referred to in the preceding paragraph.
<br />l=ULL PERFORMANCE, If Truster pays all the indebtedness when due, and otherwise performs all the obligations imposed upon Trustor
<br />under this Dead of Trust, tender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to
<br />Trustor suitable statements aF terrnlnatinn of any financing statement on file evidencing Lender`s security Interest in the Plants and the
<br />Personal Property, Any reennveyance fee required by law shag be paid by Truster, if permitted by applicable law,
<br />>;VENTS OF DEFAULT, At Lender's option, Trustor will be In default under this Deed of Trust if any of the following happen:
<br />Payment Default. Trustor fails to make any payment when dos under the Indebtedness.
<br />Break t7ther Promises. Trustor breaks any promise made to tender or fails to perform promptly at the time and strictly in the manner
<br />provided in this Deed of Trust ar in any agreement related to this Dead of Trust.
<br />Compliance t)efault. Failure to comply with any other term, abligatbn, covenant ar condition contained in this Deed of Trust, the Note
<br />ar 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, ar any other payment necessary to prevent ftling of or to effect discharge of any lien.
<br />False Statements. Any representation or statement made or famished to tender by Trustor ar an Trustor's behalf under this Deed of
<br />Trust ar the Related Documents is #alse or misleading in any material respect, either Haw ar at the time made ar furnished.
<br />t~fective Coilateralization, Tfris Dead of Trust ar any of the Related Documents assess to be in full farce and effect (including failure
<br />of any collateral document to create a valid and perfected security interest or Iien) at any time and for any reason,
<br />Math ar Insalver-ey. The death of Trustor, the insolvency of Trustor, the appointment of a receiver for any part of Trustor's property,
<br />any assignment for the benefit of creditors, any type of creditor workout, nr the cammencerr~nt a# any praceeding under any
<br />bankruptcy or insolvency laws by or against Trustor. However, the death of any Trustor will Hat be an Event of Default if as a result
<br />of fire death of Trustor the Indebtedness i8 fully covered by Debt Cancellation.
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