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� 201109048
<br /> DEED OF TRUST
<br /> Loan No: 10000741 (Continued) Page 4
<br /> extent permitted by applicable law.
<br /> Addresses. The mailing addresSes ofi Trustor (debtor) and Lender (secured party) from 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 stated on the first page of Lhis Deed of Trust .
<br /> FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and
<br /> attorney-i�-fact are a part of this Deed of Trust: �
<br /> Further Assurenc,es. At any time,and from time to time,upon req.uest of Lender,Trustor will make,execute and
<br /> deliver,or will cause to be made,executed or delivered,to Lender or m Lender's designee,and when requested by
<br /> Lender, cause Yo be filed, recorded, refiled,or rerecorded,as the case may 6e,at such times and in such offices
<br /> and places as Lender rnay deem appropriate,any and all such mortgages,deeds of trust,security deeds,security
<br /> agreements, financing statements, continuation statements, instruments of further assurance, certifiicates, 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 f1) Trustor's obfigations uhder the Note, this Deed of Trust, and the Related
<br /> Documents,and (2) the liens and 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 agrees to the
<br /> comrary in writing, Trustor shall reimtiurse Lender for all costs and expenses incurred in connection with the
<br /> 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
<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 making,executing,delivering,filing,recording,and doing all
<br /> other things as may be necessary or desiiable, in Lender's sole opinion,to accomplish the matters referred to in
<br /> the preced:ing paragraph.
<br /> FULL PERFORMANCE. If Trustor pays all the Indebtedness when due, and otherwise performs ali the obligations
<br /> imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to T�ustee a request for full
<br /> reconveyance and shall ezecute and deliver to Trustor suitable staYements 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. At Lender's option,Trustor will be in defaulY undee this Deed of Trust if any of the following
<br /> happen:
<br /> Payment Default. 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 promptly at Yhe time and
<br /> stnctly in the manner provided in this Deed o#Trust or in any agreement related to this Deed of Trust.
<br /> Compliance Default Failure to comply with any other term,obiigation, covenant or condition conYained in this
<br /> �eed 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 makB any paymenY �
<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 Grantot 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 �
<br /> affect any of Grantor's property or Grantor's ability to repay the Indebtednsss or Grantor's ability to perform
<br /> - Grantor's obligations under this Deed of Trust or any of the Reiated Documents.
<br /> Palse Statements. Any representation or statement made or furnished to Lender by Trustor or on Trustor's behalf
<br /> under this Deed of Trust or the Related Documents is false or misleading in any material respect,either now or at
<br /> the time made or Purnished, .
<br /> Defective Collateralization. This Deed of Trust or any of the Relatetl Documents ceases to be in full fotce and
<br /> effect(including failure of any collateral document to create a valid and perfected security interest or IieN at any
<br /> . time and for any reason. �
<br /> Death or Insoivency. The death of Trustor,the insoivency of Trustor,the appointment 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 /> commenceme�t of any proceeding under any bankruptcy or insoivency laws by or against Trustor. �
<br /> Taking of the Property. Any creditor or govemmental agency tries to take any of the Property or any other of
<br /> Trustor`s property in which Lender has a lien. This includes tal<ing of, garnishing of or levying on Trustor's
<br /> accounts with Lenden However, if Trustor d�isputes in good faith whether the ciaim 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 surety bond satisfactory to Lender to satisfy the claim,then this default provision will not
<br /> apply.
<br /> Breach of Other Agreement. Any breach by Trustor under the terms of any other agreement between Trustor and
<br /> Lender that is not remedi�ed 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 /> E�ents Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor,endorser,surety,
<br /> or accommodation party of any of the Indebtedness or any guarantor,endorser,surety, or accommodation party
<br /> dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the
<br /> Inde6tedness.
<br /> Insecurity. Lender in good faitli believes itself insecure.
<br /> Right to Cure. If any default,other than a default in payment is cura6le and if Trustor has not heen given a notice
<br /> of a breach of the same provision of this Deed of Trust�vithin 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 ioitiates steps which
<br /> Lender deems in Lender's sole discretion to be sufficient to cure the defauit 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 Deed of Trust,at any time ihereafter,
<br /> Trustee or Lender may exercise any one or more of the following rights antl remedies:
<br /> Acceleration Upon Default;Additional Remedies. I;any Event of Default occurs as per the terms of the Note
<br /> securetl hereby,Lender may declare ail indebtedness secured by this Deed of Trust to be due and payahle and
<br /> the same shall thereupon become due and payable without any presentment,demand,protest or noti�ce of any
<br /> kind. Thereafter,Lender may:
<br /> (al Either in person or by agent, with or without bringing any action or proceeding, or by 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,marketahility or rentahility of the Property,or part of
<br /> the Property or interest in tfie Property;increase the income from the Property or protect the securiry of
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