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DEED OF TRUST
<br />� �. (Continuedl 2 01 �. 0`7 2 9 0 P � g � 4
<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 enacYed subsequent to the date of this Deed of
<br />Trust, this evant shall have the same effect as an Event of D�fauit, 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 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 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 fixtures, end 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, Lender 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. Trustor shall
<br />reimburse Lender for all expenses incurred in perfecting or continuing this security, intarest.. Upon default, Trustor
<br />shall not remove, sever or detach the Personal Property from the Property. Upon default, Trustor shall assemble
<br />any Personal Property not affixed to the Property in a manner and at a place reasqnably convenient to Trustor and
<br />Lender and make it available to Lender within three (3) days after receipt of wriCten demand from Lender to the
<br />extent permitted by applicable law.
<br />Addresses. The mailing addresses of Trustor idebtor) and Lender Isecured party) from which information
<br />concerning the security interest granted by this Deed of Trust may be obtained (each as requirad by the Uniform
<br />Commercial Code) ere as stated on the first page of this Deed of Trust.
<br />FURTHER ASSURANCES; ATTORNEY-IN-FACT. Tha following provisions relating to further assurences 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 meke, execute and
<br />deliver, or will cause to be 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 qf trust, security deeds, security
<br />agreements, financing statements, continuation statements, instruments of furtlher 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 baed 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 ownad 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 referred to in this paragraph.
<br />Attorney-in-Fact. If Trustor fails to do any of the things referred to in the precedi�ig paragreph, Lender may do so
<br />for and in the name of Trustor end 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, end doing all
<br />other things as may be necessary or desirable, in Lender's sole opinion, to accornplish the matters referred to in
<br />the preceding paragraph.
<br />FULL PERFORMANCE. If T�ustor pays all the Indebtedness, including without limitation all future advances, when due,
<br />and otherwise performs all the obligations imposed upon Trustor under this Deed of Trust, Lender shell execute and
<br />deliver to Trustee a request for full reconveyance and shali 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 fee required by law shall be peid by Trustor, if permitted by applicable law.
<br />EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an �vent of Default under this Deed
<br />of Trust:
<br />Payment Default. Trustor fails to make any payment when due under the Indebtedness.
<br />Other Defaults. Trustor feils to comply with or to perform any other term, obligation, covenant or condition
<br />contained in this Deed of Trust or in any of the Related Documents or to compPy with or to perform any term,
<br />obligation, covenant or condition contained in eny other agreemer�t between Lender and Trustor.
<br />Compliance Default. Failure to comply with any other term, obiigation, 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 ot any lien.
<br />Default in Favor of Third Parties. Should Grantor default under any loan, extensian of credit, security agreement,
<br />purchase or sales agreement, or any other agreement, in favor of any other creditbr 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 perform
<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 furnishied to Lender by Trustor or on
<br />Trustor's bahalf under this Deed of Trust or tha Related Documents is false or mi$leading in any material respact,
<br />either now or at the time made or furnished or becomes false or misleading at any time thereafter.
<br />Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and
<br />effect (including failure ot any collateral document to create a valid and perfected security interest or Iien) at any
<br />time and for any reason. ,
<br />Death or Insolvency. The dissolution of Trustor's (regardless of whether elecXion to continue is madel, any
<br />member withdraws from the limited liability company, or any other termination of Trustor's existence as a going
<br />business or the death of any member, the insolvency of Trustor, Yhe appointmeht of a receiver for any part of
<br />Trustor's property, any assignment for the benefit of creditors, any type' of creditor workout, or the
<br />commencement of any proceeding under any bankruptcy or insolvency laws by or �gainst Trustor.
<br />Creditor or Furfeiture Proceedings. Commencement of foreclosure or forfeiture procaedings, whether by judicial .
<br />proceeding, self-help, repossession or any other method, by any creditor of Truston or by any governmental agency
<br />against any property securing tha Indebtedness. This includes a garnishment of any of Trustor's accounts,
<br />including deposit accounts, with Lender. However, this Event of Default shall not appiy if there is a good faith
<br />dispute by Trustor as to the validity or reasonableness of the claim which is the hasis of the creditor or forfeiture
<br />proceeding and if Trustor gives Lender written notice of the creditor or forfeiture proceeding and deposits with
<br />Lender monias or a surety bond for the creditor or forfeiture proceeding, in an amaunt determined by Lender, in its
<br />sole discretion, as being an adequate reserve or bond for the dispute.
<br />Breach of Other Agreement. Any breach by Trustor under the terms of any other egreement between Trustor and
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