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,� ; f f � ;��;�+�s `' DEED OF TRUST 2 U i O O S � 4 7
<br />(COntlnUed) Page 4
<br />Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party► trom 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 wiil 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 eppropriate, any and all
<br />such mqrtgages, 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 #o do eny nf the things referred to in the preceding paragraph, Lender may dn sq for and in the name
<br />of 7rustor 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 Barrower and Trustor pay all the Indebtedness, including withaut limitation all future advanCes, when dus, and
<br />Trustor otherwise performs all the obligations imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to 7rustee a
<br />request for full reconveyance and shafl 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 Properry. Any reconveyance fee required by law shall be paid by
<br />Trustor, if permitted by applicable law.
<br />EVEN7S �P DEFAULI'. 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 pther term, obligation, covenant ar candition cantained 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 hetween Lender and Borrower or Trustor.
<br />Compliance Default. Failure ta comply with any other term, obligatian, covanant ar cpnditipn contained in this beed af Trust, the Note
<br />or in any qf the Related Documents.
<br />Default on Other Payments. Failure 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 eorrower or any Grantor default under any loan, extension of credit, security agreement,
<br />purchase ar sales agraement, or any other agreement, in favor of any other creditor or person that may materially affect any of
<br />eorrower's or any Grantor's property 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 Dacuments.
<br />False Statements. Any warran#y, representation or statement made or furnished to Lender by Borrower or Trustor or on Borrower's or
<br />Trustor's behatf 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 Dacuments ceases ta be in full force and effect iincluding failure
<br />of any collateral document to create a valid and perfected security interest or lien) at any time and for any reasnn.
<br />Death or Insolvency. The death of Borrower or Trustor, the insolvency of Borrower or Trustor, the appointment of a receiver for any
<br />part of Borrower's or Trustor's property, any assignment for the benefit of creditors, any type of creditor workout, or the
<br />commencement of any praceeding under any bankruptcy or insolvency laws by or against Borrower or Trustor.
<br />Creditor or Forfeiture Proceedings. Commennement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help,
<br />repossessipn pr any p#her method, by any creditor of Borrower or Trustor or by any governmental agency against any property
<br />securing the Indebtedness. l"his 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 Trustar as to the validity or
<br />reasona6leness of the claim which is the basis of the creditor or fvrfeiture prpceeding and if 8nrrower or Trustor gives LendBr 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 amvunt determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute.
<br />Breach of pther Agreement. Any 6reach hy 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 />Evants AfFecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation
<br />party of eny of the Indebtedness or any guarantor, endorser, surety, ar 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 ihe
<br />same provision of this Desd of 7rust 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 twenty (20) days; or (2) if the cure requires more
<br />than twenty (20) days, immediately initiates steps which Lender deems in Lender's sple discratipn ta ba sufficient to cure tha 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 Evant af Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender
<br />may exercisa any one or more of the following rights and remedies:
<br />Acceleration Upon Default; Additianal Remedias. If any Event of Default occurs as per the terms of the Note secured here6y,
<br />Lender may declare all Inde6tedness secured by this Deed of Trust to be due and payable and the ssme shall thereupon become
<br />due and payable without any presentment, damand, protest or notice of any kind. Thereafter, Lender may:
<br />(a) Either in person or 6y agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and
<br />without regard to the adequacy of its security, enter upon and take possession of the Property, or any part thereof, in its
<br />own name or in the name of Trustee, and do any acts which it deems necessary or desirahle to preserve the value,
<br />marketability or rentability of the Property, or part of the Property or interest in the Property; increase the income from the
<br />Property or protect the security of the Property; and, with or without taking possession of the Property, sue for or otherwise
<br />collect the rents, issues and profits of the Property, including those past due and unpaid, and apply the same, less costs and
<br />expenses of operation and collection attorneys' fees, to any indebtedness secured by this Deed of T'rust, all in such order as
<br />Lender may determine. The entering upon and taking possession of the Property, the collection of such rents, issues and
<br />profits, and the application thereof shall not cure or waive any default or notice af default under this Deed of Trust or
<br />invalidate any act done in response to such default or pursuant to such notice of default; and, notwithstanding the
<br />continuance in possession of the Property or the collection, receipt and application of rents, issues or profits, Trustee or
<br />Lender shall be entitled to exercise every right provided for in the Note or the Related Documants or by law upan the
<br />occurrence of any event of default, including the right ta exercise the power of sale;
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