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^"' d•� f w N;:��;' DE�D OF TRUST � CI � O O S 4 2 �
<br />I.oan No: 9 0 9 235847 (COn�inued) Page 5
<br />interest granted by this Deed qf Trust may be p6tained (each as required by the Uniform Commercial Cqde) are as stated on the first
<br />page of this Desd of Trust.
<br />�URTHER ASSURANCES; AT1"ORNEY-IN-FACT. The foliowing 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, T�rustor will make, execute and deliver, or will cause
<br />tp be mada, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recordad,
<br />refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriste, any and all
<br />such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuatian statements, instruments of
<br />further assurance, certificates, and other documents as may, in the sole opinion of l.ender, be nacessary or desirable in order to
<br />effectuate, complete, perfect, continue, or preserve (1) 8orrower's and Trustar's obligations under the Note, this Deed of Trust, and
<br />the Related Documents, and 12) the liens and security interests creatad by this Deed of Trust as first and prior liens on the Property,
<br />whether now owned or hereafter acquired by Trustar. Unless prohibited 6y law or Lender agrees to the cantrary in writing, Trustor
<br />shall reimburse Lender for all casts and expenses incurred in connection with the matters referred to in this paragraph.
<br />Attorney-in-Fact. If Trustor fails to da any of the things referred tp in the preceding paragraph, Lender may do so for and in the name
<br />of Trustor and at Trustor's expense. Fpr such purposes, Trustor hereby irrevacably appoints l�ender as Trustor's attorney-in-fact for
<br />the purpose pf making, executing, delivering, filing, recording, and doing all other things as may ba nepessary 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 (ndebtedness, including withput ifmitation all future advances, when due, and
<br />Trustor otherwise performs all the abligations fmppsed 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 reconvayance fee required by law shall be paid by
<br />Trustor, if permitted by applica6le law.
<br />EVENT$ OF DEFAULT. Each of the following, at Lender's option, shall constitute an �vent of Default under this Deed of Trust:
<br />Payment Default. 8arrower 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 nf the Related Documents or to comply with or to perform any term, abligation, covenant or condition
<br />contained in any other agreement between Lender and Borrower or Trustor.
<br />Compliance pefault. Failure to epmply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note
<br />or in any of the Related Dpcuments.
<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 othsr 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 qr Trustor or on Borrower's or
<br />Trustor's k�ehalf under this Deed of Trust or the Related �ocuments is false or misleading in eny material respect, either now or at the
<br />time made or furnished or becomes false or misleading at any time thareafter.
<br />Defective Collateralizatiqn. This Deed of Trust or any of the Fielated Documents ceases tv 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 death of 6orrower or Trustor, the insolvency of Bqrrqwer or Trustor, the appointment of a raceiver for any
<br />part af Borrower's or Trustor's property, any assignment for the benefit of creditors, any type of creditor wprkaut, or the
<br />commencement of any procaading under any bankruptcy or insolvency laws by or against Borrpwer vr Trustor.
<br />Creditor or Forfeiture Proceedings. Commencemant af fpreclosure or forfeiture proceedings, whether by judicial proceeding, self-help,
<br />repossession vr any othar method, by any creditor of Borrower or Trustor or by any govemmental agency against any property
<br />sacuring ths Indebtedness. This includes a garnishment of any of Borrower's or Trustor's accounts, including deposit accounts, with
<br />Lender. Howevar, this �vent of Dafault shall not apply if there is a good faith dispute hy 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 Barrower pr Trustor gives Lender written
<br />notica of the creditor or fprfefture proceeding and deposits with Lender monies or a surety bond for the creditor or 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 pf pther Agreement. Any breach by Borrower or Trustor under the terms af any other agreement between Borrower or
<br />Trustor and Lender that is not remadied within any grace period provided therein, including without limitation eny agreement
<br />concerning any indebtedness or vther pbligation pf Bprrpwer pr Trustor to Lender, whether existing now or later.
<br />Events Affecting Guarantor. Any of the prsceding events occurs with respect to any guarantor, endorser, suraty, or accommodation
<br />party of any of the Indebtedness or any guarantpr, endorser, surety, or accommodation party dies ar becames incompetent, or
<br />revokes ar disputes the validity of, or liability under, any Guaranty of the Indebtedness.
<br />Advarse Change. A material adverse change occurs in Borrower's or Trustor's financial condition, or Lender believes the prospect of
<br />payment or performance ot the Indebtedness is impaired.
<br />Insecurity. Lender in good faith believes itself insecure.
<br />Existinq Indebtedness. The payment of any installment of principal or any intarest an the Existing Indebtedness is not made within the
<br />time required by the promissory note evidencing such indek�tedness, or a default occurs under the instrument securing such
<br />indebtedness and is nvt cured during any applicable grace period in such instrument, or any suit or pther action is commenced to
<br />foreclose any existing lien on the Property.
<br />Right to Cura. If any default, other than a default in payment is curable and if 7rustor has npt besn given a notice of a breach of the
<br />same provision of this Deed of Trust within the preceding twalve (12) mpnths, it may be cured if Trustor, after Lender sends written
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