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+ ? ; � �-' t � ' � � r DEED OF TRUST
<br />(Continuedl � Q � O Q 9 S O O Page 4
<br />FURTHER ASSURANCES; ATTORNEY-IN-FAC7. 7he following provisions relating to further assurances and attorney-in-fact are a part of
<br />this Deed of Trust:
<br />Furthar Assurances. At any time, and from time to time, upon request of Lender, 7rustor will make, execute and deiiver, or will cause
<br />to 6e 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 appropriate, any and all
<br />such mortgages, deeds of trust, security deeds, securiiy agreemenis, financing statements, continuation state.ments, instruments of
<br />further assurance, certificates, and other dacumants as may, in the sole opinion of Lender, be necessary or desirable in order to
<br />effectuate, complete, perfect, continue, or preserve (1) Trustor's obligations under the Nnte, this Deed of 7rust, and the Releted
<br />Documents, and (2) the liens and security interests created by this Deed of Trust as first and prior liens on the Property, whether
<br />now owned or hereafter ecquired by Trustor. Unless prohibiied by law or Lender agrees to the contrary in writing, Trustor shall
<br />reimburse Lender for all costs and expenses incurred in connection with the matters referred ta in this paregraph.
<br />Attorney-in-Fact. If 7rustor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name
<br />of Trustor and at Trus[or's expense. For such purposes, 7rustor 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, tq accomplish the matters referred to in the preceding paragraph.
<br />FULL P�RFORMANGE. If Trustar pays all the Indebtedness, including without Iimitation all future advances, when due, and otherwise
<br />performs all [he obliga[ions imposed upon Trustor under this Deed of Trust, Lender shatl execu[e and deliver to Trustee a request for full
<br />reconveyance and shall execute and deliver to Trustor suitable statements of termination of any financing statement on file evidencing
<br />Lender"s security interest in the Rents and the PersonaE Property. Any reconveyance fee required by law shalt be paid by Trustor, if
<br />permitted by applicable law.
<br />EVENTS OF b��AUL7. Each of the following, at Lender's option, shall constitute an Evem of Default under this Deed of Trust:
<br />Payment Default. 7rustor fails to make any payment when due under the Indebtedness.
<br />qther Defaults. 1"rustor fails to comply with or to perform any other term, obligation, covenant or condition contained in this beed of
<br />Trust or in any of the Related Documents or to camply with or to perform any term, obligation, covenant or condition contained in any
<br />other agreement between Lender and Trustor.
<br />Compiiance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, [he Note
<br />or in any of the Relsted Documents.
<br />Default on' Other Payments. Failure of Trustor wi[hin the time required by this Deed of 7rust 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 Favar of Third Parties. Should Grantor default under any loan, extension of credit, security agreement, purchase or sales
<br />agraament, or any other agreement, in favor of any other creditor or person thet may materially affect any of Grantor's property or
<br />Grantor's a6ility to repay the Indebtedness or Grantor°s a6ility to perform Grentor's obligations under this Deed of Trust or any of the
<br />Related Documents.
<br />Faisa Statements. Any warranty, representation or statement made or furnished to Lender by Trustor or on Trustor's behaif under this
<br />�eed of Trust or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or
<br />becomes false or misleading at any time theraafter.
<br />Defective Collateralization. This Deed of 7rust or any of the Related Documents ceases to be in full force and effect (includiny failure
<br />of any collateral document to creaYe a valid and perfectad security interest or lien) at any time and for any reason.
<br />Death or Insplvency. 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 6enefiC of creditors, any type of creditor workouC, or the commencement qf any proceeding under any
<br />bankruptcy or insolvency laws by ar against Trustor.
<br />Creditor or Forfeiture proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help,
<br />repossession or any other method, �y any creditor of Trustor or by any governmental agency against any property securing the
<br />Indebtedness. This includes a garnishment of any of Trustor's accounts, including deposit accounts, with Lender. However, this
<br />Event of Default shall not apply if there is a good faith dispute by Trustor as to the validity or reasonableness of the claim which is the
<br />basis of [he creditor or forfeiture proceeding and if Trustor gives Lender written notice of the credi[or or forfeiture proceeding and
<br />deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sale
<br />discretion, as being an adequate reserve or bond for the dispute.
<br />ereach of Other Agreement. Any breach by Trustor under the [erms of any other agreement between Trustor and Lender tha[ is no[
<br />remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or nther
<br />obligation of 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 accommodatian
<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 of, or liability under, any Guaranty of the Indebtedness.
<br />Advarse Change. A material adverse change occurs in 7rustor's financial conditian, or Lender believes the prospect of payment or
<br />performance of the Indebtedness is impaired.
<br />Insecurity. Lender in good faith believes itself insecure.
<br />Right to Cura. It any defeult, other than a default in payment is curable and if Trustor has not been given a notice of a breach of the
<br />same provision of this Deed nf Trust within the preceding twelve (12) months, it may be cured if Trustor, after Lender sends written
<br />notice to 7rustor demanding cure of such default: (1) cures the default within twen#y (20) days; or (2) if the cure requires more
<br />than twenty (2b) 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 saan as reasonably
<br />prectical.
<br />RIGHTS AND REMEDIES ON pEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender
<br />mey exercise any one or more of the following rights and remedies:
<br />Accelerati�n Upon Defad+lt; Addifzona! P.ernedies. I' a1y Ever�t of Defa�:la occurs as per the terms of the Note secu;ed hereby,
<br />Lender may declare all Indeb[edness secured by this Deed of Trust to 6e due and payable and the same shall chereupon become
<br />due and payable without any presentment, demand, protest or notice of any kind. Thereafter, Lender may:
<br />(a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed 6y a court and
<br />without regard to the adequacy of its security, enter upon snd 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 pr dasira6la to preserve the value,
<br />marketa6ility or rentability of the Property, or part of the Property or interest in the Property; increase tbe 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 />coilect 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 �eed of Trust, 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 shell not cure or waive any default or �notice of defautt under this Deed of Trust ar
<br />invalidate any act done in response to such default or pursuant to such notice of defauli; and, notwi#hstanding the
<br />continuance in possession of the Prpperiy or the collection, receipt and application pf rents, issues or profits, Trustee or
<br />Lender shall be entitled �o exercise every right provided for in the Note or the Related Documents or by law upon the
<br />occurrence of any event of default, including the right to exercise the power ot sale;
<br />(b) Commence an action to foreclose this Deed of Trust as a mnrtgage, appoint a receiver or specifically enforce any of the
<br />covenants hereof; and
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