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� DIEED OF TRUST � 0:�.10 516 �
<br />Loan No: 101241889 (Continued) Page 5
<br />FURTHER ASSURANCES; A7TORNEY-IN-FACT. The following provisions releting to further assurances and attorney-in-fact are a pert of
<br />this Deed ofi Trust:
<br />. Further Assuranaes. At any time; and from time to time, upon request of Lender, Trustor wiil make, execute and deliver, or will csuse
<br />to be made, executed or delivered, td Lender or to 1.ender's designee, and when requested by Lender, cause ta 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 ell.
<br />such mortgages, deeds of trust, security deads, security egreemenis, financing statements, continuatio� statements, instruments of
<br />further assurance, certificates, and other documents as may, in the sole opinion of Lender, ba necessary or desirable in ordar to
<br />effectuate, compleYe, perfect, continue, or preserve (1) Borrower's and Trustor's obligations under the Nota, this Deed of Trust, and
<br />the Related Documents, end (2) the liens and security interests crested by this Deed of Trust as first and prior liens on the Property,
<br />whether npw owned or hereafter acquired by Trustor. Uniess prohibited by Iaw or Landar agrees to the contrary in writing, Trustor
<br />shall reimburse Lender for all costs and expenses incurred in connection with the matters raferred to in this paragraph.
<br />Attorn�y-in-Fact. If Trustor fails to do any of the things referred ta in Che 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, tiling, recording, and daing all ather things as may be necessary or desirable, in Lender's
<br />sole opinion, to accompfish the matters referred Yo in the preceding paragraph.
<br />FULL PERFORMANCE. if Borrower and Trustor pay all the Indebtedness, including without limitation all future advances, when due, and
<br />Trustor otherwise pertorms alf the obligations imposed upon Trustor under this Daed of Trust, Lender shall exeaute and deliver to Trustee a
<br />request for full reconveyance end shall execute and deliver to Trustor suitable statements of termination of any financing statement on file
<br />evidencing Lendar's security interest in the Rents and the Personal Property. Any reconveyance fee required by law shall ba paid by
<br />Trustor, if permitted by applicable law,
<br />EVENTS OF DEFAULT. Eech of the following, at Lender's option, shell constitute en Event of Default under this Deed of Trust:
<br />Payment Defiault. Borrower fails to make any psyment when due under the Indebtedness.
<br />Other Defaults. Borrower or 'Trustor fails to camply with or to perForm any other term, obligation, covenant or condition contained in
<br />this Deed af Trust or in any of the Related Documents or to comply with or to perform any term, obiigation, covenant or condition
<br />contained in any other agreement between Lender and Borrower or Trustor.
<br />Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note
<br />or in any of the Related Documents.
<br />Default on Other Paymenits. Failure of Trustor within the time required by this Deed of Trust to make any payment for taxes or
<br />insurance, or any other peyment necessary to prevent filing of or to effiect discharge of any 1ien.
<br />False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or Trustocor an Borrower's or
<br />Trustor's behalf under ihis Deed of Trust or the Related Documents is falsa or misleading in any material respect, either now or at the
<br />time made or furnished or becomes false or misleading at any time thereafter.
<br />Defective Collateralization. This Deed of Trust or any of ihe Related Documants ceases to be in full force and efFect (includirag failure
<br />of any collataral document to create a valid and perfectad security interest or lien) at any time and for any reason.
<br />Insolvency. The dissolution or terminetion of Borrowar'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 BorrowePs or Trustor's property, any assignment for the benefiit of creditors,
<br />any type of craditor workout, or the commencement of any proceeding under any bankruptCy or insolvency laws by or against
<br />Borrower or Trustor.
<br />Creditor or Forfeiture Proceedings. Commencement ofi foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help,
<br />repossession or any other method, by any creditor of Borrower or Trustor or by any governmental agency egainst any property
<br />securing the Indebtedness. This includes a garnishment of any of Bocrower's or Trustor's eccounts, including deposit accounts, with
<br />Lender. However, this Event of Default shall not app{y if there is a good faith dispute by Borrower or 7rustor as to the validity or
<br />reasonebleness of the claim which is the basis of the creditor or forfaiture proceeding and if Borrower or Trustor gives Lender written
<br />notice at the creditor or forfeiture proceeding and deposits with Lander monies or a surety bond for the creditor or forfeiture
<br />proceeding, in an amount determined by Lender, in its sole discretion, as being an edequate reserve or bond for the dispute.
<br />Breach of Other Agreement. Any breach by Borrower or Trustor u�dar the terms of any other agreement between Borrower or
<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 Borrower or Trustor to Lender, whether existing now or later.
<br />Everrts AfFecting Guarantor. Any of the preceding events occurs with respect to any guarantor, andorser, surety, or accommodation
<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 vafidity of, or liability under, any Guaranty of the Indebtedness.
<br />Adverse Change. A material adverse change occurs in Borrower's or Trustor's financial condition, or Lender believes the prospect of
<br />payment or performance of the 7ndebt�dness is impaired.
<br />Insecurity. Lendar. in gond fai#h believes itself insecure. ,
<br />Right to Cure: If any default, other than e 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 of Trust within the preceding twelve (12} months; it may be cured if Trustor, after Lender sends written
<br />notice to Borrower demanding cure of such default: (1) cures the default within tIftean (15) days; or (2) if the cure requires more
<br />than tifteen (15) days, immediately initiates steps wfiich Lender deems in Lender's sole discretion to be sufficient to cure the default
<br />and thereafter continues and completes all reasanable and necessary steps sufficient to produce compliance as soon as reasonabiy
<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 eny one or more of the following rights and remedies:
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