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DEED OF TRUST � r �
<br />Loan No: 129733 (Continued) � � � 1 O ! � � � ° Pege 4-
<br />Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of
<br />Trust, this event shall heve the same effect as an Event of Default, and Lendar may exarcise any or all of its
<br />availeble remedies for an Event of Default as provided below unless Trustor either (1► pays the tax before it
<br />becomes delinquent, or (2) contests tha tax es provided ebove in the Taxes end Liens section and deposits with
<br />Lender cash or a sufficient corporate surety bond or ather security satisfactory to Lender.
<br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a
<br />sacurity agreement are a part of this Deed of Trust:
<br />Security Agreement. This instrument shall constitute e Security Agreement to the extent any of the Property
<br />constitutes fixtures, and Lender shall heve 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 contir�ue Lender's security interest in the Rents and Personal Rroperty. In eddition to reoording this Deed of
<br />Trust in the real property records, Lender rtiay, at any time and without further authorizetion frorti Trustor, file
<br />executed counterparts, copies or reproductions of this Deed of Trust as a financing statemant. Trustor shall
<br />reimburse Lender for all expenses incurred in perfecting or continuing this securiry interest. Upon defauit, Trustor
<br />shall not remove, sever or detach the Personal Property from the Property. Upon default, Trustar shall assemble
<br />eny Parsonal Proparty not affixed to the'Property in a manner end at a place reasonably 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 />extent permitted by applicable law.
<br />Addresses. The mailing addresses of Trustor (debtor) and Lender Isecured party) from which informetion
<br />concarning the security interest granted by this Deed of Trust may be obteined (each as required by the Uniform
<br />Commarcial Code) are as stated on the first page of this Deed of Trust.
<br />FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions releting to further assurances and
<br />attorney-in-fact are a part of this Deed of Trust:
<br />Further Assurences. At any time, end from time to time, upon request of Lender, Trustor will make, execute and
<br />deliver, or will cause to be made, executed or delivarad, to Lender or to Lender's designee, end when raquested by
<br />Lender, ceuse to be filed, recorded, refiled, or rerecorded, as the case may be, at sucFi times and in such offices
<br />and places as Lender mey deem eppropriate, any and all such mortgages, deeds ef trust, security deeds, security
<br />agreements, financing statements, continuation statements, instruments 'of furtheP assurance, 'certificates, and
<br />other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuete, complete,
<br />perfect, continue, or preserve (1) Trustor's obligetions under the Note, this Deed of Trust, and the Related
<br />Documents, and (2) the liens end 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 egrees to the
<br />contrary in writing, Trustor shell reimburse Lender for ell costs and expenses incurred in connection with the
<br />matters referred to in this paregraph.
<br />Attorney-in-Fact. If Trustor fails to do any of the things referred to in the preceding paragraph, Lender mey do sa
<br />for and in the name of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints
<br />Lendar 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 Lender's sole opinion, to accomplish the metters 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 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 shall 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 reconveyence fee required by law shall be paid by Trustor, if permitted by epplicable law.
<br />EVENTS OF DEFA'ULT. Each of tha following, at Lender's option, shall constitute an Event of Default undar this Deed
<br />of Trust:
<br />Payment Default. Trustor feils to make any payment when due under the Indebtedness.
<br />Other Defaults. Trustor fails to comply with or to perform any other term, obligation, covanant or condition
<br />contained in this Deed of Trust or in any of the Releted Documents or to comply with or to perform any term,
<br />obligation, covenant or condition eontained in eny other agreement between Lende� and Trustor.
<br />Compliance Default. Failure to comply with eny other term, obiigation,,cov�nant or,condition,contained in this
<br />Deed of Trust, the Note or in any of the Related Documents.
<br />Default on Other Payments. Feilure of Trustor within the time required by this Deed of Trust to make eny payment
<br />for taxes or insurance, or any other payment necessary to prevent tiling of or to effect discharge of any lien.
<br />False Statements. Any warranty, representation or statement made or furnished to Lender by Trustor or on
<br />Trustor's behalf under this Deed of Trust or the Related Documents is faise or misleading in any material respect,
<br />either now or at the time made or furnished or becomes false or misleading et any time thereafter.
<br />Defective Collateralization. This Deed of Trust or any of tha Related Documents ceasas to be in fuil 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 proparty, 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 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 eny governmental agency
<br />against any property securing the Indebtadness. 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 faith
<br />dispute by Trustor as to the validity or reasonableness of the ciaim which is the basis 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 monies or a surety bond for the creditor or forfeiture 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 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 tha preceding events occurs with respect to any guarantor, endorser, surety,
<br />or accommodation party of any of the Indebtedness or any guerantor, endorser, surety, or accommodetion party
<br />dies or becomes incompetent, or revokes or disputas the validity of, or liability under, any Guaranty of the
<br />Indebtednass. ••
<br />Adverse Change. A matarial adverse change occurs in TrustoPs financiai condition, or Lender believes the
<br />prospect of payment or performance of the Indebtedness is impaired.
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