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� 201108475
<br /> DEE� OF TRUST
<br /> L.oan No: 1D000320 (Continued) Page 4
<br /> Trustor.
<br /> Subsequent Taxes. If any tax to �n�hich this section applies is enacted subsequent to the date of this Deed oi
<br /> Trust, this event shall have the same efPect as an Event of Default, and Lender may exercise any 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 /> becomes delinquent,or (23� contests the taX as providetl above in the Taxes and Liens section antl deposits�nrith
<br /> Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender.
<br /> SECURITY 0.GREEMENT; FINANGING STATEMENTS. The follovding provisions relating to this Deed of Trust 2s 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 have all of the rights of a secured party under the Uniform Commercial Code
<br /> as amended from time to vme.
<br /> Security Interest. Upon request by Lender,Trustor shall tal:e whatever action is requested by Lender to perfect
<br /> and continue Lender's security iMerest in the Personal Property. In addition to record�ing this Deed of Trust in the
<br /> real property records, Lender may, at any time antl without further authorization from Trustor,. file executed
<br /> cou�terparts, copies or reproductions of this Deed of Trust as a financing statement. Trustor shall reimburse
<br /> Lender for all expenses incurred in perfectinc�or continuing tfiis securify interest. Upon de�fault,Trustor shall not -
<br /> remove, sever or detach the Pcrsonal Property from the Property. Upon defauli, Trustor shall assemble any
<br /> Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Trustor and
<br /> Lender and mal<e it available to Lender within three(31 days after receipt of writCen demand from Lentler ta the
<br /> extent�ermitted 6y applicahfe law. ,
<br /> Addresses. The mailing addresses of Trustor {debtori and Lender isecured party) from which information
<br /> concerning the security interest granted 6y 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 Dced of Trust.
<br /> FURTHER ASSURANCES; ATTORNEY-W-FACT. The following provisions relating to further assurances a.nd
<br /> attorney-in-fact are a part of this Dee�d of Trust:
<br /> Further Assc�rances. At any,time, and from time to time,upon request of Lende�,Trustor v✓ill mal<e,execute and
<br /> deliver,or will cause to be made,executed or delivered.to Lender or to Lendzr's desic�nee,and when requested by
<br /> Lender,cause to be filed, recorded, refiled,or rerecorded, as tf�e case may be,at such times antl in such offices
<br /> and places as Lender may deem appropriate,any�nd all such mortgages,deeds of trust,security deeds,security
<br /> agreements, financing statements, continuation statements, instruments of further assurance,�certiticates, and
<br /> other documents as may,in the sole opinion of Lender,6e necessary or desira6le in�order io e$ectuate,complete,
<br /> perfect, continue, or-presetve (1� Trustor's obligations under the Note, this Deed of Trust, and the Related
<br /> Documents,and (2) the lie�s and security interests created by this Deed of Trust on the Property,whether now
<br /> owned or hereafter acquired by Trustor. Unless prohi6i#ed hy law or Lender agrees m ihe contrary in wrivng,
<br /> Trustor shall reimbu[se Lender for all costs and expenses incurred in conneciion with the matters referred to in this
<br /> paragraph.
<br /> Attorney-in-Fact. If Trustor 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 athomey-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 refetred to in
<br /> the preceding paragraph.
<br /> FULL PERFORMANCE. If Trustor pays all the fndebtedness 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 statements of termination of any fiinancing statement on
<br /> file evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by law
<br /> shaA be paid by Trustor,iP permitted by applicable law�.
<br /> EVENTS OF DEFAULT. At Lender's opTion,Trustor will be in de(ault under fhis Deed of Trust if any of the following
<br /> happen;
<br /> Payment Default. Trustor fails to mal<e any payment when due under the Indebtedness.
<br /> Breal<Other Promises. Trustor breal<s any promise made to Lender or fails to perform promptly at the time and
<br /> strictly in the manner provided in this Deed of Trust or in any agreement related to this Deed of Trust.
<br /> Compliance �efault. Failure to comply with any other term, obligation, covenant or condition coniained in this
<br /> Deed of Trust,the Nate or in any of the Related Documents.
<br /> Default on Other Payments. f-ailure of Trustor within the time required by this Deed of Trust to-malce any payment
<br /> for taxes or insurance,or any oiher payment necessary to prevent filing of or to.effect discharge of any lien.
<br /> Default in Favor of Third ParEes. Should Granror defauit 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
<br /> affect any of Grantor's property or Grantor's a6iliry fo repay the Inde6tedness or Grantor's ability to perform
<br /> G.rantor's obligations under this De2d of TrusI or any of the Related Documents.
<br /> False Slatements. Any representation or statement made or fumished to Lender by Trustor or on Trustor's hehalf
<br /> under tfiis Deed of Trust or the Related Documents is false or misleading in any material r2spect,either now or at
<br /> the time made or furnished. �
<br /> Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and
<br /> effec[(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 orinsolvency. The death of Trustor,theinsolvency of Trustor,the appointment of a receiverfor any part of
<br /> . Trustor's property, any assignmenc for i�he 6enefit of credRors, any type of creditor worlcout, or the
<br /> commencement of any proceeding untler any 6anlvuptcy or insolvency laws by or against Trustor.
<br /> Talcing of the Property. Any creditor or govemmental agency tries to take any of the Property or any other of
<br /> Trusior's property in which Lender has a fien. This includes tal<ing 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 tal<ing of the
<br /> Property is based is valid or reasonable, and if Trustor gives Lender vdritten notice of the claim and furnishes
<br /> Lender with monies or a surety bond satisfactory To Lender to satisfy the claim,then this default provision will not
<br /> apply.
<br /> 6reach of Other Agreement. Any 6reach by Trustor under the terms of any other agreement between Trustor and
<br /> Lender that is not remedied within any grace period provided therein, including wiihout limitation any ag�eement
<br /> concerning any i.ndebtedness or�oth2r obligation of Trustor to Lender,whether existing now or later..
<br /> Events Affecfing Guarantor. Any of the preceding events occurs with respect to any guarantor,endorser,surety,
<br /> � o�accommodation pa�rty of any of the Indebtedness or any guarantor, endorser, Surety, or accommotlation party
<br /> dies or b2comes incompetent,� or revol<es or disputes the validity of, or liability under, any Guaranty of the
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