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: : ` � ' � ." DEED OF TRUST
<br />(Continued) � � � � o � � � � page 4
<br />documentary stamps, and other charges for recording or registering this Deed of Trust.
<br />Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of
<br />Deed of Trust or upon all or any pert of the Indebtedness secured by this Deed of Trust; i21 a specific tax on
<br />Trustor which Trustor is authorized or required to deduct from payments on the Indebtedness secured try this type
<br />of Deed ot Trust; 13) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Note;
<br />and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by
<br />Trustor.
<br />Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of Yhis Deed of
<br />Trust, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its
<br />available remedies for an Event of Default as provided below unless Trustor either (7 ) pays the tax before it
<br />becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with
<br />Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender.
<br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating ta this Dead of Trust as a
<br />security agreement are a part of this Dead of Trust:
<br />Security Agreement. This instrumant shall constitute a Security Agreement to the extent any of.the Property
<br />constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code
<br />as amended from time to time.
<br />Security Interest. Upon request by Lender, Trustor shall take whatever action is requested by Lender to perfect
<br />and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Deed of
<br />Trust in the real property records, Lendar may, at any time and without further authorization from Trustor, file
<br />executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. 7rustor shall
<br />reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Trustor
<br />shall not remove, sever or detach the Personal Property from the Property. Upon default, Trustor shall assemble
<br />any Personal Proparty not affixed to the Property in a manner and at a place reasonably convenient to Trustor and
<br />Lender and maka it available to Lender within three (3) days after receipY of written demand from Lender to the
<br />extent permitted by applicable law.
<br />Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which informetion
<br />concerning the security interest granted by this Deed of Trust may be obtained (each as required by the Uniform
<br />Commercial Code) are as stated on the first page of this Deed of Trust.
<br />FURTNER ASSURANCES; ATTORIVEY-IN-FACT. The following provisions relating to further assurances and
<br />attorney-in-fact are a part of this Deed of Trust:
<br />Further Assurances. At any time, and from time to time, upon raquest of Lender, Trustor will make, execute and
<br />deliver, or wi(I cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by
<br />Lender, cause to be filed, reoorded, refiled, or rerecorded, as the case may be, at such times and in such offices
<br />and places as Lendar may deem appropriate, any and all such mortgages, deeds of trust, security deeds, seeurity
<br />agreements, financing statements, continuation statemenTs, instruments ot further assurance, certificates, and
<br />other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete,
<br />perfect, continue, or preserve (1) Trustor's obligations 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
<br />Property, whether now owned or hereaiter acquired by Trustor. Unless prohibited by law or Lendar agrees to the
<br />contrary in writing, Trustor shall reimburse Lander for all costs and expenses incurred in connection with the
<br />matters reterred 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 do so
<br />for and in the name of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints
<br />Lender as Trustor's attorney-in-fact for the purpose of making, executing, delivering, filing, recording, and doing all
<br />other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in
<br />the preceding paragraph.
<br />FULL PERFORMAIVCE. If Trustor pays all the Indebtedness, including without limitation all future advances, when due,
<br />and otherwise parforms aU the obligations imposed upon Trustor under this Deed of Trust, Lender shall exe�ute and
<br />deliver to Trustee a request for full reconveyance and shall execute and deliver to Trustor suitable statements of
<br />termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal
<br />Property. Any reconveyance tee required by law shall be paid by Trustor, if permitted by applicable law.
<br />EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed
<br />of Trust:
<br />Payment Default. Trustor fails to make any payment when due under tFre Indebtedness.
<br />Other Defaults. Trustor fails to comply with or to perform any other term, obligation, covenant or condition
<br />contained in tf�is Deed of Trust ar in any of the Related Documents or to comply with or to perform any term,
<br />obligation, covenant or condition contained in any other agreement between Lender and Trustor.
<br />Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this
<br />Deed of Trust, the Note or in any of the Related Documents.
<br />Default on Other Payments. Failure of Trustor within the time required by this Deed of Trust to make any payment
<br />for taxes or insurance, or any other paymenT necessary to prevent filing of or to effect discharge of any lien.
<br />Default in Favor of Third Parties. Should Grantor default under any loan, extension of credit, security agreement,
<br />purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially
<br />affect any of Grantor's property or Grantor's ability to repay the Indebtedness or Grantor's ability to pertorm
<br />Grantor's obligations under this Deed of Trust or any of the Related Documents.
<br />False Statements. Any warranty, representation or statement made or furnished to Lender by Trustor or on
<br />Trustor's behalf under this Deed of Trust or the Related Documents is false or misleading in any material respect,
<br />either now or at the time made or furnished or becomes false or misleading at any time thereafter.
<br />Defective Collaterelization. This Deed of Trust or any of the Related Documents ceases to be in full force and
<br />effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any
<br />time and for any reason.
<br />Insolvency. The dissolution or termination of Trustor's existance as a going business, the insolvency of Trustor,
<br />the appointment of a receiver tor any part of Trustor's property, any assignment for the benefit of creditors, any
<br />type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or
<br />against Trustor.
<br />Creditor or Foffeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whethe� by judicial
<br />proceeding, selt-help, repossession or any other method, by any creditor of Trustor or by any governmental agency
<br />against any property securing the Indebtedness. This, includes a garnishment of any of Trustor's accounts,
<br />including deposit accounts, with Lander. However, this Event of Detault sha!! not apply if there is a good faith
<br />dispute by Trustor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture
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