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DEED OF TRUST
<br />(Continued) 2 Q i�. o s� S� page 4
<br />Subsequent Ta�ces. If any tax to which this section applies is enacted subsequent to the date of this Deed of
<br />Trust, this event shall have the same effect as an Evenf 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 (1) pays the tax before it
<br />becomes delinquent, or (2) contests the tax as provided above in the Taxes and Uens section and deposits with
<br />Lende� cash or a sufficient corporate surety bond or other securfty satisfactory to Lender.
<br />SECURITY AGREEMENT; FtNANCING STATEMENTS. The following provisions relat3ng to this Deed of Trust as a
<br />security agreement are a part of this Deed of Trust:
<br />Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property
<br />constitutes flxtures, and Lender shall have all of the rights of a secured party under fhe Uniform Commercial Code
<br />as amended from time to ttme.
<br />Security Interest. Upon request by Lender, Trustor shall take whatever action is requested by Lender to pertect
<br />and continue Lender's security interest in the Personal Property. In addition to recordfng this Deed of Trust in the
<br />reaf property records, Lender may, at any tlme and without further authorization from 7rustor, file executed
<br />counterparts, . copies or reproductions of this Deed of Trust as a financing statement. Trustor: shall reimburse
<br />Lender for all expenses incurred in pertecting or continuing this security interest. , Upon defaulf, Trustor shal( not
<br />remove, sever or detach the Persona! Property from the Property. Upon default, Trustor shalt assemble any
<br />Personal Property not .afFixed to the Property in a manner and at a place reasonably convenfent to Trustor and
<br />Lender and make it available to Lender w(thin three (3) days after receipt of written demand from Lender to the
<br />extent permitted by applicabte law.
<br />Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which information
<br />conceming 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 />FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provistons relating to further assurances and
<br />attomey-in-fact are a part of this Deed of Trust:
<br />Further Assurances. At any time, and from time to time, upon request of Lender, Trustor will make, execute and
<br />deliver, or will cause to be made, execufed or delivered, to Lender or to Lender's designee, and when requested by
<br />Lender, cause to be filed, recorded, reflled, or rerecorded, as the case may be, at such times and in such offices
<br />and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, securlty deeds, security
<br />agreemenfs, financing statements, continuation statements, instruments of 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 Retafed
<br />Documents, and (2) the liens and security interests creafed by this Deed of Trust on the Property, whether now
<br />owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in wri�ng,
<br />Trustor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to tn this
<br />paragraph.
<br />Attorney-in-Fact !f 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 appo(nts
<br />Lender as Trustor's aftomey-in-fact for the purpose of making, executing, dellvering, flling, recording, and doing all
<br />other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referced to in
<br />the preceding paragraph,
<br />FULL PERFORMANCE. If Trustor pays all the Indebtedness when due, and otherwise pertorms all the obligations
<br />�mposed upon Trustor under this Desd. flf Trust, Lender, shall execute and deliver to Trwstee a cequest for full
<br />reconveyance and shall execute and deliver to Trustor suitable statements of termination of any financing statement on
<br />file evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance fee requlred by law
<br />shall be paid by Trustor, if permitted by applicable law.
<br />EVENTS OF DEFAULT. At Lender's option, Trustor will be in default under this Deed of Trust if any of the following
<br />happen:
<br />Payment Default. Trustor fails to make any payment when due under fhe fndebtedness.
<br />Break Other Promises. Trustor breaks any promise made to Lender or fails to perForm promptty at the time and
<br />strictly in the manner provided 3n thls Deed of Trust or in any agreement related to this Deed of Trust.
<br />Compliance Default Fallure 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 ta�ces or insurance, or any other payment necessary to prevent filing of or to effect discharge af any lien.
<br />False Statements. Any representation or statement made or fumished to Lender by Trustor or on Trustor's behalf
<br />under this Deed of Trust or the Related Documents is false or misleading in any material respect, either now or at
<br />the time made or furnished.
<br />Defecttve Collateral(zat(on. This Deed of Trust or any of the Retated 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 Ifen) at any
<br />time and for any reason.
<br />Death or Insolvency. The death of Trustor, the insolvency of Trustor, the appointment of a receiver for any part of
<br />Trustor's property, arty assignment for the benefit of creditors, any type of creditor workout, or the
<br />commencement of any proceeding under any bankruptcy or insoivency laws by or against Trustor.
<br />Taking of the Properly. Any creditor or govemmental agency tries to take any of the Property or any other of
<br />Trustor's property in which Lender has a tien. This includes taking of, gamishing of or tevying on TrustoPs
<br />accounts with Lender. However, if Trustor disputes in good faith whether the claim on which the taking of the
<br />Property is based is valid or reasonabie, and if Trustor gives Lender written notice of the claim and fumishes
<br />Lenderwith monies ora suretq bond satisfactory tb Lender to satisfy the claim, then this default provlsion will not
<br />apply.
<br />Breach of Other Agreement. Any breach by Trustor under the terms of any other agreement between Trustor and
<br />Lender that is not remedied within any grace period provided therein, including without limitation any agreement
<br />conceming any indebtedness or other obligation of Trustor to Lender, whether exlsting now or later.
<br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety,
<br />or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party
<br />dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the
<br />Indebtedness.
<br />Insecurity, Lender in good faith believes itself insecure.
<br />Existing Indebtedness. The payment of any instaltment of principal or any interest on the Existing Indebtedness is
<br />not made withfn the time required by the promissory note evidencing such indebtedness, or a default occurs under
<br />the instrument securing such indebtedness and is not cured durfng any applicable grace period in such instrument,
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