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Loan No: 101242039
<br />DEED OF TRUST � O�� O� 9 S�.
<br />(Continued)
<br />Page 4
<br />reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed
<br />of Trust, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of
<br />Trust.
<br />Taxes. The following shall constitute Yaxes to which this section applies: (9 ) a specitic tax upon this type of Deed of Trust or upon
<br />all or any part of the Indebtedness secured try this Deed of Trust; (2) a specific tax on Trustor which Trustor is authorized or
<br />required to deduct trom payments on the (ndebtedness secured by this type of Deed of Trust; (3) a tax on this type of Daed of Trust
<br />chargea6le against the Lender or the holder of the Note; and (4) a specific tax on aII or any portion of the Indebtedness or on
<br />payments of principa( and interest made by Trustor.
<br />Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall
<br />have the same effect as an Event of Default, and Lender may exercise any or all of its avai(able 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 above in the
<br />Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender.
<br />SECURITY AGREEMENT; FINANCING STATEMENTS, The following provisions relating to this Deed of Trust as a security agreement are a
<br />part of this Deed of Trust:
<br />Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fi�ctures, and
<br />Lender shal! have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time.
<br />Sacurity lnterest. Upon request by Lender, Trustor shall take whatever action is cequested by 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 property records, Lender may, at any
<br />`� time and without further authorization trom Trustor, file executed counterparts, copies or reproductions of this Deed of Trust as a
<br />_ financing statement. Trustor shail reimburse Lender for aII expenses incurred in parfecting or continuing this security interest. Upon
<br />default, Trustor shall not remove, sever or detach the Personal Property from the Property. Upon default, Trustor 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 />_ available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law.
<br />Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which information concerning the security
<br />' interest granted by this Deed of Trust may be obtained leach as required by the Uniform Commercial Coda) are as stated on the first
<br />__ page of this Deed of Trust.
<br />FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating ta 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 will make, execute and daliver, or will cause
<br />° to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lende�, 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, 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) Trustor's obligations under the Note, this Deed of Trust, and the Related
<br />� Documents, and (21 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 acquired by Trustor. Unless prohibited 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 to in this paragraph.
<br /> � Attorney-in-Fact. If Trustor fails to do any of the things reterred to in the preceding paragraph, Lender may do 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 Lander's
<br />sole opinion, to accomplish the matters referred to in the preceding paragraph.
<br />FULL PERFORMANCE. If Trustor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Trustor
<br />under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconvayance and shall execute and deliver to
<br />Trustor suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the
<br />Personal Property. Any reconveyance fee required by Iaw shall be paid by Trustor, if permitted by applicable law.
<br />DEFAULT. At Lender's option, Trustor will be in default under this Daed of Trust if any of the following happen:
<br />Freud or Material Misrepresentation. Trustor commifis fraud or material misrepresentation in connection with the terms of the Note.
<br />Payment Defautt. Trustor fails to meet the repayment terms of the Note for eny outstanding balance.
<br />Other Defaults. Trustor's act or failure to act adversefy affects Lender's security interest in the Properry, or any right of Lender's in
<br />such security.
<br />Right to Gure. If any default, other than a default in payment is curable and if 7rustor has not been given a notice of a breach of the
<br />same provision of this Deed of Trust within the preceding twelve (12) months, it may be cured if Trustor, after Lender sends written
<br />notice to Trustor demanding cure of such default: (1) cures the default within ten (10) days; or (2) if the cure requires more than
<br />ten (10} days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and
<br />thereafter continues and completes all reasonable and necessary steps sufficient to produca compliance as soon 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 or Lender
<br />may exercise any one or more ot the following rights and remedies:
<br />Acceleration Upon Default; Additional Remedies. If any Event of Default occurs as per the terms of the Note seoured hereby,
<br />Lender may declare all Indetrtedness secured by this Deed of Trust to be due and payable and the same shall thereupon 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 by a court and
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