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� DEED OF TRUST 2 0110 0 0 5 8
<br />Loan No: 101237101 (Continued) Page 4
<br />required to deduct from payments on the Indab#edness secured by this type of Deed of Trust; (3) a tsx pn this type of Deed of Trust
<br />chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on
<br />payments of principal and interest mads by Trustor.
<br />Subsequent Taxes. If any tax to which this section applies is enacted subsequent tn the date of this Deed qf Trust, this event shall
<br />have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as
<br />provided below unless Trustor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided abave in the
<br />Taxes and Liens sectian and deposits with Lender cesh ar a sufficient corporate surety bond or nther security sstisfactory to Lender.
<br />SECURITY AGREEMENT; FINANCING S7A1'EM�N7S. The following provisions relating to this Deed of Trust ss a security agreement are a
<br />part of this Deed of Trust:
<br />Security Agreement. 7his instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, end
<br />Lender shall have all of the rights of a secured party under the Uniform Commercial Code as smended from time to time.
<br />Security Interest. Upon request by Lender, Trustor shall take whatever action is requested 6y Lender to perfect and continue Lender's
<br />security interest in the Personal Property. In addition to recording this Deed of Trust in the real proparty records, Lender may, at any
<br />time and without further authorizetinn trom Trustor, file executed caunterparts, copies or reproductinns nf this Deed of Trust as a
<br />financing statement. Trustor shall reimburse Lender for all expenses incurred in perfecting or con#inuing this security interest. Upon
<br />default, Trustor shell not remove, sever ar detach the F'ersanal Property from the Property. Upnn default, 7rustor shall assemble any
<br />Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Trustor and Lender and make it
<br />availeble to Lender within three (3) days after receipt of written demand from Lender to #he extent permitted by applicable law.
<br />Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) fram which information concerning the security
<br />interest granted by this Deed of Trust may be obtained (each as required by the Unifprm Commercial Code) are as stated on the first
<br />page of this Deed of Trust.
<br />FURTHER ASSURANCES; ATTOFiNEY-IN-FAC7. The following provisions relating to further asaurances 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, Trus#or will mske, execute and deliver, or will cause
<br />to be mede, executed ar delivered, to Lender or to Lender's designee, and when requested by Lendar, cause to k�a filed, recorded,
<br />refiled, or rerecorded, es the cese 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, continuatian statements, instruments of
<br />further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirsble in order tn
<br />effectuate, complete, perfect, continue, or preserve (1 � Trustor's olaligations under the Note, this Deed of Trust, and the Related
<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 />nnw owned ar hereafter acquired by 7rustor. Unless prohibited by law or Lender agrees #p the contrary in writing, 1`rustor shall
<br />reimburse Lender for sll costs end expenses incurred in connectian with the matters referred to in this par�greph.
<br />Attorney-in-Fact. If 7rustor fails to da any of the things referred to in the preceding peragraph, 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 daing all other things as may be necessary or desireble, in Lender's
<br />snle opinion, to accomplish the matters referred to in the preceding paragrsph.
<br />FULL PERFORMANCE. If Trustor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Trustor
<br />under #his baed of Trust, Lender shall execute and deliver to Trustee a request fnr full reconveyance and shall execute and deliver to
<br />Trustor suitable statements of termination of any financing statement on file evidencing Lendar's security interest in the Rents and the
<br />Personal Property. Any reconveyance fee required by law shall be paid by Trustor, if permitted by applicable law.
<br />DEFAULT. At Lender's optinn, Trustnr will be in default under this Deed of Trust if any of the following happen:
<br />Fraud er Material Misrepresentation, 7rustor commits fraud or material misrepresentation in cnnnection wi#h the terms of the Note.
<br />Payment Default. Trustor fails to meet the repayment terms of the Note for any outstanding balance.
<br />Other Defaults. Trustor's act or failure to acY adversely affects Lender's security interest in the Proparty, qr any right of Lender's in
<br />such security.
<br />Right to Cure. If any defeult, other than a default in payment is cureble and if Trustor has not been given a notice of a breach of the
<br />same provision of this I�eed of Trust within the preceding twelve (121 months, it may be cured if Truxtor, after Lender sends written
<br />notice to Trustor demanding cure of such default: (1 � cures the default within ten (10) deys; or (2) if the cure requires more than
<br />ten (10) days, immediately initiates steps which Lender deems in Lender's sole discre#ion to be sufficient to cure the default and
<br />thereafter cnntinues and completes all reasonable and necessary steps sufficient to prnduce anmplianca as xoon as reasonably
<br />practical.
<br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee nr Lender
<br />mey exercise any one or more af the following rights and remedies:
<br />Acceleration Upon bafsult; Additional Remedies. If any Event nf Defeult nccurs as per the terms of the Note secured hereby,
<br />L.ender may declare all Indebtedness secured 6y this Deed of 7rust to be due and payable and the same shall thereupon becnme
<br />due and payable without any presentment, demand, prntest or nptice of any kind. Thereafter, Lender may:
<br />(a) Either in person or by agent, with nr withnut bringing any action or proceeding, or by a receiver eppointed by a court and
<br />without regard to the adequacy of its security, enter uppn 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 desirable to preserve the value,
<br />marketability or r�ntability of the Property, or part of the Property or interest in the Property; increase the incpme from the
<br />Property or protect the security nf 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 pas# dup and unpaid, and apply the same, less costs and
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