DEED OF TRUST
<br />(continued) � 01 � 0 7 6 4 9 Page 4
<br />Security Interest. Upon request by Lender, Trustor shall take whatever acUon is requested by Lender to perfect and
<br />continue Lender's security interest in the Rents and Personal Property. In addition to recording this Deed of Trust in the
<br />real property records, Lender may, at any time and without further authorization from Trustor, file executed counterparts,
<br />copies or reproductions of this Deed of Trust as a financing statement. Trustor shall reimburse Lender for all expenses
<br />incurred in perfecting or continuing this security interest. Upon default, Trustor shall not remove, sever or detach the
<br />Personal Property from the Property. Upon default, Trustor shall assemble any Personal Property not affixed to the
<br />Property in a manner and at a place reasonably convenient to Trustor and Lender and make ft available to Lender within
<br />three (3) days after receipt of written demand from Lender to the extent permitted by applicable law.
<br />Addr�ses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which information conceming
<br />the security interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code)
<br />are as stated on the first page of this Deed of Trust.
<br />FURTHER ASSURANCES; AITORNEY-IN-FACT. The following provisions relating to further assurances and
<br />attomey-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 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 and
<br />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 other
<br />documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect,
<br />continue, or preserve (1) Trustor's obligations under the Note, this Deed of Trust, and the Related Documents, and (2)
<br />the liens and security interests created by this Deed of Trust as first and prior liens on the Property, whether now owned
<br />or hereafter acquired by Trustor. Unless prohibfted by law or Lender agrees to the contrary in writing, Trustor shall
<br />reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph.
<br />Attorney-In-Fact. If Trustor fails to do any of the things referred to in the preceding paragraph, Lender may do so for
<br />and in the name of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints Lender as
<br />Trustor's attomey-in-fact for the purpose of making, executing, delivering, filing, recording, and doing all other things as
<br />may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding
<br />paragraph.
<br />FULL PERFORMANCE. If Trustor pays all the Indebtedness, including without limitation all future advances, when due, and
<br />otherwise performs all the obligations imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to
<br />Trustee a request for full reconveyance and shall execute and deliver to Trustor suitable statements of termination of any
<br />financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance
<br />fee required by law shall be paid by Trustor, 'rf permitted by applicable law.
<br />EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed of
<br />Trust:
<br />Payment Default. 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 condftion contained in
<br />this Deed of Trust or in any of the Related D�uments or to comply with or to perform any term, obligation, covenant or
<br />condition contained in any other agreement between Lender and Trustor.
<br />Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of
<br />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 for
<br />taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien.
<br />Default In Favor of Thtrd Parties. Should Grantor default under any loan, extension of credit, security agreement,
<br />purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect
<br />any of Grantor's property or Grantor's ability to repay the Indebtedness or Grantor's ability to perform Grantor's
<br />obligations under this Deed of Trust or any of the Related Documents.
<br />False Statements. Any warranty, representation or statement made or fumished to Lender by Trustor or on Trustor's
<br />behalf under this Deed of Trust or the Related Documents is false or misleading in any materiai respect, either now or at
<br />the time made or fumished 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 effect
<br />(including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for
<br />any reason.
<br />Death or Insolvency. The death of Trustor, the insolvency of Trustor, the appointrnent 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 commencement of any
<br />proceeding under any bankruptcy or insolvency laws by or against Trustor.
<br />Creditor or Forfeiture Proc�edings. Commencement of foreclosure or forfeiture proceedings, whether by judiciai
<br />proceeding, self-help, repossession or any other method, by any credftor of Trustor or by any govemmental agency
<br />against any properry securing the Indebtedness. This includes a gamishment of any of Trustor's accounts, including
<br />deposit accounts, with Lender. However, this Event of Default shall not apply 'rf there is a good fa'ith dispute by Trustor
<br />as to the validity or reasonableness of the claim which is the basis of the credftor or forfeiture proceeding and 'rf Trustor
<br />gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for
<br />the creditor or forfe'iture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate
<br />reserve or bond for the dispute.
<br />Breach of Other Agreement. My breach by Trustor under the terms of any other agreement befinreen Trustor and
<br />Lender that is not remedied within any grace period provided therein, including without limitation any agreement
<br />conceming 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, or
<br />accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or
<br />becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness.
<br />Adverse Change. A material adverse change occurs in Trustor's financial condition, or Lender believes the prospect of
<br />payment or performance of the Indebtedness is impaired.
<br />Insecurity. Lender in good faith believes itself insecure.
<br />Right to Cure. If any default, other than a default in payment is curable and 'rf Trustor has not been given a notice of a
<br />breach of the same provision of this Deed of Trust within the preceding twelve (12) months, it may be cured 'rf Trustor,
<br />after Lender sends written notice to Trustor demanding cure of such default: (1) cures the default within twenty (20)
<br />days; or (2) ff the cure requires more than twenty (20) days, immediately initiates steps which Lender deems in Lender's
<br />sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary
<br />steps sufficient to produce compliance as soon as reasonably practical.
<br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter,
<br />
|