DEED OF TRUST 2 O��. O� 3��
<br />Loan No: 129694 (Continued) Page 4
<br />Trustor. �
<br />Subsequent Taxes. If any tax to which this section applies is enected subsequent to the data of this Dead of
<br />Trust, this event shall have the same effect as an Event of Default, and Lander may exercise eny 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 />bacomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with
<br />Lendar 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 Daed of Trust:
<br />Securfty Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property
<br />constitutes fixtures, and Lender shali have all of the rights of a secured party under tha Uniform Commercial Code
<br />as amended from time to time.
<br />Security Interest. Upon r.equest by Lender, Trus�tor shall take� whatever ection is reque�ted by Lender to perfecE
<br />and continue Lender's security interest in the Rants and Personal Property. In additiomto recording this Deed of
<br />Trust in the real property records, Lender may, at any time and without further authorizetion from Trustor, file
<br />exacuted 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, sevar or detach the Personal Property from the Property. Upon default, Trustor shall assemble
<br />any Personal Property noC 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 demend from Lender to the
<br />extent permitted by applicable lew.
<br />Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which information
<br />concerning the security intarest 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 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, execute end
<br />deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, end'when requested by
<br />Lender, cause to be filed, recorded, rafiled, or rerecordad, es the case mey be, at such times and in such offices
<br />and places as Lender may deem appropriete, any and all such mortgages, deeds of trust, security deads, security
<br />agreements, financing statements, continuation statemants, instruments of further assurance, certificates, and
<br />other documents as mey, in the sole opinion of Lender, be necessary or desirable in order to effectuate, compiete,
<br />perfect, continue, or preserve (1) Trustor's obligetions under the Note, this Deed of Trust, and the Related
<br />Documents, and (2) tha 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 referred to in this paragraph.
<br />Attorney-in-Fact. If Trustor fails to do any of the things referred to in the preceding peragraph, 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 purposa of making, executing, delivering, filing, recording, and doing all
<br />other things as may, be, t�ec�s�ary or desirable, ,in LQnc9er's sole opinion; to accomplish the m'atters referred to in
<br />the preceding paragraph.
<br />FULL PERFORMANCE. If Trustor pays all the Indebtedness, including without limitation all future advances, when due,
<br />and otherwise performs ail the obligetions imposed upon Trustor under this Deed of Trust, Lender shell execute end
<br />deliver to Trustea a request for full reconveyance and shall executa and deliver to Trustor suitable statements of
<br />termination of any financing statement on file evidencing Lendar's security interest in the Rents and the Personal
<br />Property. Any reconvayance fee required by law shall be paid by Trustor, if permitted by appliceble 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 Defauit. Trustor fails to make any payment when due under the Indebtedness.
<br />Other Defaults. Trustor fails to comply with or to perform any other term, obligation, covenant or condition
<br />conteined 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 />Compliance Default. Failure to comply with any other tarm, obligation, covenant or condition contained in this
<br />Dead 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 eny other payment necessary to prevent filing of or to effect discharge of any lien.
<br />False Statemerrts. Any warranty, representation or stetement made or furnished to Lender by Trustor or on
<br />Trustor's behalf under this Deed of Trust or the Releted Documants is false or misleading in any materiel respect,
<br />either now or at the time made or furnished or becomes false or misleading at any time thereafter.
<br />Defective Coilateralization. This Deed of Trust or eny of the Related Documents ceases to be in full force end
<br />effect (including failure of any collateral document to create a valid and perfected security interast 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, ,any . essignment _ for the , benefit of creditors, any ,type„ of. � editor workout, qr the
<br />e commencement of any proceeding under eny barikruptc'y or insolvency laws by or against�Trustor.
<br />Creditor or Forfeiture Proceedings. 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 />against 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 ia a good feith
<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 the creditor or forfeiture proceeding end deposits with
<br />Lender monies or a surety bond for the creditor or farfeiture proceeding, in an amount 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 eny other agreemant between Trustor and
<br />Lender that is not remedied within any grece period provided therein, including without limitation any agreement
<br />concerning eny indebtedness or other obligation of Trustor to Lender, whether existing now or leter.
<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 undar, any Guaranty of the
<br />Indebtedness.
<br />\ U ..
<br />,J
<br />���
<br />
|