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201108848
<br /> DEED OF TRUST
<br /> Loan No:810253 (Continued) Page 4
<br /> and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by
<br /> Trustor.
<br /> Subsequerrt Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of
<br /> Trust,this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its
<br /> availa6le remedies for an Event of Default as provided below unless Trustor either (1) pays the tax before it
<br /> becomes delinquent,or (2) contests the iax as provided above in the Taxes and Liens section and deposits with
<br /> Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender.
<br /> SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisio�ns relating to this Deed of Trust as a
<br /> securiry agreement are a part of this Deed of Trust:
<br /> Security Agreement. This instrument shall constitute a Security Agreement to the extent any of ihe Property
<br /> constitutes fiutures,and Lender shall have 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 Le�der, Trustor shall take whatever action is requested by Lender to perfect
<br /> and continue LendePs security interest in the Rents and Personal Property. In addition to recording this Deed of
<br /> Trust in the real property records; Lender may, at any time and without further authorization from Trustor, file
<br /> executed counterparts, copies or reproductions of thls Deed of Trust as a financing statement. Trustor shall
<br /> reimburse Lender for aH expenses incurced in perfecting or continuing this security inierest. Upon default,Trustor
<br /> shall not remove,sever or detach the Personal Property from the Property. Upon default,Trustor shall assemble
<br /> any Personal Property not affixed to the Property in a manner and at a place reasonably convenient m Trustor and
<br /> Lender and make it available to Lende�within three(3) days after receipt of written demand from Lender to the
<br /> ex2ent permitted by applicable law.
<br /> Addresses. The mailing addresses of Trustor (debtor) and Lender �secured parry) from which information
<br /> concerning the security interest granted by this Deed of Trust may 6e o6tained (each as required by the Uniform
<br /> Commercial Code)are as stated on the first page of this Deed of Trusc.
<br /> FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurences 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 wiil 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
<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, conxinue, or preserve (1) Trustor's obligations under the Note, this Deed of Trust, and the Related
<br /> Documents,and �i2) the liens antl security interests created tiy this Deed of Trust on the Properry,whether now
<br /> owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the convary in writing,
<br /> Trustot shall reimburse Lender for all costs and expenses incurred in connection 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 attomey-in-fact for the purpose of making,executing,delivering,filing,recortling,and doing all
<br /> other things as may 6e necessary or desirabie, in Lentler's sole opinion,to accomplish the matters referred to in
<br /> the preceding paragraph..
<br /> FULL PERFORMANCE. If Trustor pays all the Indebiedness when due, and otherwise perForms all the obligations
<br /> imposed upon Trusror under this Deed of Trust, Lender shall exesute and deliver to Trustee a request for full
<br /> reconveyance and shall execute and deliver to Trustor suitable statements of termination of any financing statement on
<br /> file 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. Each of the following,at Lender's option,shall constitute an Event ofi Default under Yhis Deed
<br /> of Trust:
<br /> Payment Default. Trustor fails to make any paymeni when due under the Indebtedness.
<br /> Other Defaults. Trustor fails to comply with or to perform any other term, o6ligation, covenant or condition
<br /> contained 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 containetl 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
<br /> Deed 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 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 agreeme�t,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 ability to rep2y the Indebtedness or Granto�s ability to perform
<br /> Grantor's obligations under this Deed of Trust or any of the Relafed Documents.
<br /> False Statements. Any warranty, representation or statement made ot famished to Lender by Trustor or on
<br /> Trustor's 6ehalf under this Deed of Trust or the Related Documents is false or misleading in any material respect,
<br /> either now or at the iime made or furnished or becomes false or misleading at any time thereafter.
<br /> Defective Collateralization. This Deed of Trusi or any of the Related Documents ceases to be in full force and
<br /> effect(including failure of any collateral document to create a valid and perfected security intierest or IieN at any
<br /> time and for any reason.
<br /> Insolvency. The dissolution or termination of Trustor's existence as a going business,the insolvency of Trustor,
<br /> the appointment of a receiver for any part of Trustor's property,any assignment for the beneftt of creditors,any
<br /> type of creditor workout,or the commencement of any proceeding under any bankruptcy or insoivency laws by or
<br /> against Trustor. �
<br /> Creditor or ForFeiture Proceedings. Commencement of foredosure or forfeiture pro�ceedings, whether by�udicial
<br /> proceeding,self-help,repossession or any other method,by any creditor of Trustor or by any govemmental agency
<br /> against any property securing the Indebtedness: This includes a gamishment of any of Trustor's accounts,
<br /> including deposit accounts, with Lender. However,this Event of Default shall not apply if there is a good faith
<br /> dispute by Trustor as to the validiry or reasonableness of the claim which is the 6asis of the creditor or forfeiture
<br /> proceeding and if Trustor gives Lender written notice of ihe creditor or forfeiture proceeding and deposits with
<br /> Lender monies or a surety bond for the creditor or forfeiture proceeding,in an amount determ�ined by Lender;in its
<br /> sole discreTion,as�being an adequate reserve or liond for the dispute.
<br /> Breach of Other Agreement. Any breach by Trustor under ihe terms of any other agreement 6etwee�Trustor and
<br /> Lender that is not remedied within any grace period provided therein, including without limitation any agreement '
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