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DEED OF TRUST � p 110 6 8 5 G
<br />'' (Continued) Page 4
<br />Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the data of this Deed of
<br />Trust, this event shall have the same effect as an Evant of Default, and Lender may exercise any or all of its
<br />available remedies for an Event of Default as provided below unless Trustor aither (1) pays the tax before it
<br />becomes delinquent, or (2) contests the tax es provided above in the 7axes and Liens section and deposits with
<br />Lender cash or a sufficient corporate surety bond or otfier security satisfectory to Lender.
<br />SECURITY AGREEMENT; FINANCIIYG STATEMEIVTS. Tfie following provisions relating to this Deed of Trust as a
<br />security agreement ara a part ot this Deed of Trust:
<br />Security pgreement. This instrument shall constitute a Sacurity Agreament to the extent any of tha 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 requssted by Lender to pertect
<br />and continua Lender's security interest in the Personal Property. In addition to recording this Deed of Trust in the
<br />reai property records, Lender may, at any time and without further authorization from Trustor, file executed
<br />counterparts, copies or reproductions of this Deed of Trust as a tinancing statemeni. Trustor shall reimbursa
<br />Lender for all expenses incurred in perfecting or continuing this security interest. Upon dafault, Trustor shall not
<br />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
<br />Lender and make it available to Lender within three (3) days after receipt of written damand from Lender to the
<br />extent permitted by applicable law.
<br />Addresses. The mailing addresses of Trustor (debtor) and Lander (secured party) from which information
<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 />FURTHER ASSURANCES; ATTORNEY-IN-FAC7. 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 request of Lender, Trustor will make, ezecute and
<br />deliver, or will cause to ba made, executed or delivered, to Lender or to Lender's designee, and when requested by
<br />Lender, cause to be filed, recorded, refiled, 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, security deeds, security
<br />agreements, 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 />parfect, continue, or preserve (7) Trus#or's obligations under the Note, this Deed of Trust, and the Related
<br />Documenis, 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 hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the
<br />contrary in writing, Trustor shall reimburse Lender for all costs and expenses incurred in connection with the
<br />matters refarred to in this paragreph.
<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 nama of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocabfy 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 Lander's sole opinion, to accomplish the matters referred to in
<br />the preceding paragraph.
<br />FULL PERFORMANCE. If Trustor pays all the Indebtedness, including without fimitation al( future advances, when due,
<br />and otherwise performs all the obligations imposed upon Trustor under this Deed of Trust, Lender shall execute and
<br />deliver to Trustee a request for full reconveyance and shall execute and deliver to Trustor suitable statemants of
<br />termination of any financing statement on file evidencing Lender's security interest in the Rents and tha Personal
<br />Property. Any reconveyance fee required by law 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 Defauit. Trustor fails to maka any payment when due under the Indabtadness.
<br />Break Other Promises. Trustor breaks any promise mada to Lender or fails to perform promptly at the time and
<br />strictly in the manner provided in this Deed of Trust or in any agreement related to this Deed of Trust.
<br />Compliance Default. Faifure to comply with any other term, obligation, covenent or condition contained in this
<br />Deed of Trust, the Note or in any of the Related Documents.
<br />Detault on Other Payments. Failure of Trustor within the time requirad by this Dead of Trust to make any payment
<br />for taxes or insurance, or any other paymant nacessary to prevent filing of or to effect discharge of any lien.
<br />False Statements. Any representation or statement made or furnished to Lender by Trustor or on 7rustor`s behalf
<br />under tfiis beed 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 />Defective Collateralizafion. This Deed of Trust or any of the Related Documents ceases to be in tull force and
<br />effect (including failure of any Gollateral document to create a valid and perfected security intarast or (ien) 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, any assignmant for the benefit of creditors, any type of creditor workout, or the
<br />commencement of any proceeding under any bankruptcy or insolvency Iaws by or against Trustor.
<br />Taking of the Property. Any creditor or governmental agency tries to take any of the Property or any other of
<br />Trustor's property in which Lender has a lien. This includes taking of, garnishing of or levying on Trustor's
<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 reasonable, and if Trustor gives Lender written notice of the claim snd furnishes
<br />Lender with monies or a surety bond satisfactory to Lender to satisfy the claim, then this default provision will not
<br />epply.
<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 />concerning any indebtedness or other obligation of Trustor to Lender, whether existing now or later.
<br />Events Affecting Guarantor. Any of the precading evants 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 />dias 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 />Right to Cure. If any default, other than a default in payment is curabla and if Trustor has not baen given a notice
<br />of a breach of the same provision of this Deed of Trust within the preceding twelve (12i months, it may be cured if
<br />Trustor, after Lender sends written notice io Trustor demanding cure of such default: (1) cures the default within
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