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� 201108095
<br /> DEED OF TRUST
<br /> Loan IVo: 10000312 (Continued) Page 4
<br /> Addresses. The mailing addresses of Trustor ldebtorl and Lender (secured party) firom which information
<br /> concerning the security interest granted by this Deed of Trust may be obtained (each as required by the Uniform
<br /> Commercial Code)are as statetl 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,Trusmr 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 he,at such times and in such offices
<br /> and 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
<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 Deed of Trust, and the Related
<br /> Documents,and (21 the liens and security interests created by this Deed of Trust as first and prior liens on ihe
<br /> Property,whether now owned or hereafter acquired by Trustor. U�nless prohibited by law or Lender agrees to the
<br /> contrary in writing, Trustor shall reimburse Lender for ali costs and expenses incurred in connection with the
<br /> matters refe�red to in this paragraph.
<br /> Attorney-in-Fact. If Trus[or fails to do any of the things referred to in the preceding paragraph,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 purpose of mal<ing,executing,delivering,filing,recording,and doing all
<br /> other things as may be necessary or desirable,in Lender's sole opinion,to accomplish the matters referred to in
<br /> the preceding para9ra�ph.
<br /> FULL PERFORMANCE. If Trustor pays all the Indebtedness when due, and otherwise performs all the obligations
<br /> imposed upon Trustor under this Deed of Trust., Lender shall execute and deliver to Trustee a request for full
<br /> reconveyance and shall execute and deliver to Trustor suitable stateme�ts of termination of any financing statement on
<br /> Tile evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by law
<br /> shall be paid by Trustor,if permitted by applicable law.
<br /> EVENTS OF DEFAULT. At Lender's option,Trustor will be in default under this Deed ofi Trust if any of the following
<br /> happen:
<br /> Payment�efault. Trustor fails to make any payment when due under the Indebtedness.
<br /> Break Other Promises. Trustor breaks any promise matle to Lender or fails to perform ptomptiy at the time and
<br /> strictly in the manner provided in fhis Deed of Trust or in any agreement related to this Deed of Trust.
<br /> Compliance DefauEt. Failure to comply with any other term, obligation, covenant or condition contained in this
<br /> �eed of Trust,the NoYe 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 of any lien.
<br /> Default in Favor of Third Parties. Should Grantor default under any loan,extension of credit,security agreement,
<br /> purchase or sales agreement,or any other agreemerr[,in favor of any other creditor 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 representation or statement made or furnished to Lender by Trustor or on Trustor's behalf
<br /> under this Deetl of Trust or the Related Documents is false or misleading in any material respect,either now or at �
<br /> the time made or furnished.
<br /> �efective Collateralization. 7his Deed of Trust or any of the Related Documents ceases to be in full force and
<br /> effect(induding failure ofi any collateral document to create a valitl and perfectetl 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 appoinYment 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 against Trustor. -
<br /> Taking of the Property. Any creditor or governmental agency iries to tal<e any of the Property or any other of
<br /> Trustor's property in which Lender has a lien. This includes talting of, garnishing of or levying on Trustor's
<br /> accounts with Lender. However, if Trustor disputes in good faith whether the claim on which the taking of the
<br /> Property is based is valid or reasonable, and if Trustor gives Lender written notice of the claim and furnishes
<br /> Lender with monies or a surery bond satisfactory to Lender to satisfy the claim,then this defauR provision will not
<br /> apply.
<br /> Breach of Other Agreement. Any breach by Trustor under the terms of any other agreement oeiween 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 /> Eveots Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor,endorser,surety,
<br /> or accommodation party of any of the lndebtedness or any guarantor, endorser,surety, or accommodation party
<br /> dies or becomes incampetent, or revokes or disputes the validity of, or liability under, any Guaranry of the
<br /> Inde6tedness.
<br /> Insecuriiy. Lender in good faith believes itself insecure.
<br /> Right to Cure. If any default,other than a defauit in payment is cura6le and if Trustor has not 6een given a notice
<br /> of a breach of the same provision of Yhis Deed of Trust within the preceding twelve(12)months,it may be cured if
<br /> Trustor,after Lender sends written notice to Trustor demanding cure of such default: (1) cures the default within
<br /> twenty (20) days; or (2} if the cure requires more than twenty (20) days, immediately initiates steps which -
<br /> Lender deems in Lender's sole discretion to 6e sufficient to cure the default and thereafter continues and
<br /> completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical.
<br /> RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this�eed of Trust,at any time thereafter,
<br /> Trustee or Lender may exercise any one or more of the following rights and remedies:
<br /> � Acceleration Upon Default:Additional Remedies. If any Event of Default occurs as per the terms of the Note
<br /> secured hereby,Lender may dedare all Indebtedness secured by this Deed of Trust to be due and payable and
<br /> the same shail thereupon become due and payable without any presentment,demand,pro#est or notice of any
<br /> kind. Thereafter,Lender may:
<br /> (a) Ei[her in person or by agent, with or withoat bringing any action or proceeding, or 6y a receiver
<br /> appointed by a court and without regard to the adequacy of its security,enter upon and take possession
<br /> of the Property,or any part thereof,in its own name or in the name of Trustee;and do any acts which it
<br /> deems necessary or desirable to preserve the value,marketabili'ry or rentability of the Property,or part of
<br /> the Property or interest in the Property;increase the income from Yhe Property or protect the security ofi
<br /> the Property; and, with or without talcing possession of the Property, sue for or otherwise collect the
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