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° DEED OF TRUST � p�� p� 3 3�
<br />Loan No: 129693 (Continued) Page 4
<br />Trustor.
<br />Subsequent Taues. If any tax to which this section applies is enacted subsequent to the date of this Deed of
<br />Trust, this evant shall have the same effect es an Event of Default, and Lender mey exercise any or all af its
<br />evailable 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 end 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, and Lender shall heve ell of the rights of a secured party under the Uniform Commerciel Code
<br />as amended from time to time.
<br />Security Irrterest. Upon request try 4ender, Trustor shell take�whatever ection is �requested` by tender 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 tha real property records, Lender may, at any time and without furthar authorization from Trustor, file
<br />executed counterparts, copies or reproductions of this Deed of Trust as e financing statement. Trustor 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 Property not affixed to the Property in e manner and at a place reasonebly convenient to Trustor and
<br />Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the
<br />extant permitted by applicable law.
<br />Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which information
<br />concerning the security interest granted by this Deed of Trust may be obteined, (0ach es ,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 provisions relating to further essurences and
<br />attorney-in-fact ere 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; executed or deliverad, to Lender or to Lender's designee, end wNen requested by
<br />Lender, cause to be filed, racorded, refiled, or rerecorded, as the case mey be, at such times and in such offices
<br />and places as Lender mey deem appropriate, any and ell such mortgeges� deeds of'trust, security deeds, security
<br />agreements, financing statements, continuation statements, instruments of further assurance, certificates, and
<br />other documents as may, in tha sole opinion of Lender, be necessary or desirable in order to effactuate, 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 Iiens and security interests created by this Deed of Trust as first end 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 (ncurred 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 preceding peregraph, Lender may do so
<br />far and in tha neme of Trustor and at Trustor's expense. For such purposes, Trustar hereby irrevocebly appoints
<br />Lender as Trustor's a�torney-in-f§ct for the purpose of making, executing, delivering, filing, recording, end doing all
<br />other things as may'be neces§a'.ry or desireble, in Lender's sole opinion, to accomplish"fhe metters referred to in
<br />the preceding paragraph.
<br />FULL PERFORMANCE. If Trustor pays all the Indabtedness, including without limitation all 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 end deliver to Trustor suitable statements of
<br />termination of any financing stetement on file evidencing Lender's security interest in tha Rents end the Personal
<br />Property. Any reconveyanca fee required by law shall be paid by Trustor, if permitted by epplicable law.
<br />EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Defeult under this Deed
<br />of Trust:
<br />Payment Default. Trustor fails to make any payment when due under the lndebtadness;
<br />Other Defaults. Trustor fails 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 comply with or to perform any term,
<br />obligation, covenant or condition contained in any other agreement between Lender and Trustor.
<br />Compiiance Default. Failure to comply with eny other term, obligetion, 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 insuranca; or any other payment necessary to prevent filing of or to effect discharge of any lian.
<br />False Statements. Any warrenty, representetion or statement mede or furnished to Lender by Trustor or on
<br />Trustor's behalf under this Dead 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 thereaftar.
<br />Defective Collateralizetion. 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 />Death or Insolvency. The death of Trustor, the insolvency of Trustor, the appointment of a receiver for any part of
<br />Trustor's property, _�ny,,assignmeni for ,the benefit of craditors, any, typa,,,qf,, c«ditor_ workout, or the
<br />commencement of a'ny proceeding under any bankruptcy or insolvancy laws by or against Trustor.
<br />Creditor or Forfeiture Proceedinga. Commencement of foreclosure or forfeiture proceedings, whether by judicial
<br />proceeding, self-help, repossession or any other method, by any creditor of Trustor or by any governmental agency
<br />egainst any property securing the Indebtedness. This includes a garnishment of any of Trustor's accounts,
<br />including deposit accounts, with Lender. However, this Event of Default shall not apply if there is e good faith
<br />dispute by Trustor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture
<br />proceeding and if Trustor gives Lender written notice of tha creditor or forfeiture proceeding and deposits with
<br />Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its
<br />sola 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 agreement between Trustor and
<br />Lender that is not remedied within. any grace period provided therein, inciuding 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 preceding events occurs with respect to any guarantor, endorser, surety,
<br />or accommodation perty of any of the indebfedness 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.
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