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DEED OF TRUST � 01 a O 9 6� �
<br />Loan No: 1 0 9 237329 (Continued) Page 5
<br />Security Interest. Upon request by Lender, 7rustor shall take whatever action is requested by Lender to perfect and continue Lender's
<br />securi#y interest in the Rents and Personal Prpperty. In addition to recording this Deed of 7rust in the real prpperty records, Lander
<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. Upoq default, Trustor shall not remoye., 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 applica6le
<br />law.
<br />Addresses. The mailing addresses of Trustor (debtar) end 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 Unifnrm Commercial Code) are as stated on the first
<br />page of this Deed of Trust.
<br />FURTHER ASSURANCES; ATTbRNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of
<br />this Deed af Trust:
<br />Further Assurances. At any time, and from time tn 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 placps as Lender may deem apprppriate, 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 obligations under the Note, this Deed of Trust, and
<br />the Rela#ed Documents, and (2) tha liens and security interests created by this Deed of 7rust as first and prior liens on the Property,
<br />whether now owned nr hereafter anquired by Trustor. Unlsss prphibited by law or Lender agraes to the contrary in writing, 7rustar
<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, Lender may da 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 PERFQRMANCE. If 8orrower and Trustnr pay all the Indebtedness, including without limitation all future advances, when due, and
<br />Trustor otherwise performs all the obligatipns imposed upon Trustor under this Desd af Trust, Lender shall execute and deliver #o Trustae a
<br />request for full recanveyance 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 folinwing, et Lender's option, shall constitute an Event of Dafault under this Deed of Trust:
<br />Payment Default. Borrower fails to make any payment when due under the Indebtedness.
<br />�ther Detaults. Borrower or Trustor fails to comply with or to perform any other term, obligation, covenant or condition contained in
<br />this Deed of 7rust or in any of #he Related bocuments or to comply with or to perform any term, obligation, covenant or condition
<br />contained in any other agreement between Lender and 8vrrower or Trustor.
<br />Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this ❑eed 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 #his Deed of Trust to make any paymsnt far taxes ar
<br />insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien.
<br />False Statements. Any warranty, representation ar 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 6ecomes false or misleading at any time thereafter.
<br />Defective Collateralization. This Deed of Trust or any ot the Related Documents ceases to be in full force and effact (including failure
<br />of any collateral document to create a valid and pertected security interest or lien) at any time and for any reason.
<br />Insolvency. The dissolution or termination of Borrower's or Trustor's existence as a going business, the insolvency of Borrower or
<br />Trustor, the appointment of a receiver for any part of Borrower's nr Trustor's property, any assignment for the benefit of craditors,
<br />any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against
<br />Borrower or Trustar.
<br />Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial prpceeding, 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 gamishment 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 Borrowpr ar Trustor gives Lender written
<br />notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond tor the creditor or forfeiture
<br />proceeding, in an amount determinad by Lender, in its sole discretion, as being an adequa[e 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 nr
<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 6orrower 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 />par#y of any of the Indebtedness ar any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or
<br />revokes pr disputes the validity of, or lia6ili#y undar, any Guaranty of the Indebtedness.
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