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' � I `� DEED OF TRUST
<br />(Continued) 2 0110 9 3 3�. Pe 4
<br />IMPOSITIOIV OF TAXES, FEES AND CHARQES BY GOVERNMENTAL AUTHORRIES. The following provisions relating
<br />to governmental taxes, fees and charges are a part of this Deed of Trust:
<br />Currerrt Ta�ces. Fees and Charges. Upon request by Lender, Trustor shall execute such documents in eddition to
<br />this Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lender's lien on
<br />the Real Property. Trustor shall reimburse Lender for all taxes, as described below, together with all expenses
<br />incurred in recording, perfecting or continuing this Deed of Trust, including without limitation all taxes, fees,
<br />documentary stamps, and other charges for recording or registering this Deed of Trust.
<br />Texes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of
<br />Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on
<br />Borrower which Borrower is authorized or required to deduct from payments on the Indebtedness secured by this
<br />type of Deed of Trust; (3) a tax on this type of Deed of Trust chergeable ageinst the Lender or the holder of the
<br />Note; and (4) a speciflc tax on all or eny portion of the Indebtedness or on payments of principal and interest
<br />made by Borrower.
<br />Subsequerrt Teues. 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 ot its
<br />evailable remedies for an Event of Defeult as provided below unless Trustor either (1) pays the tax before it
<br />becomes delinquent, or (2) contests the tax 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 provisions relating to this Deed of Trust as a
<br />security agreement ere 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 time.
<br />Security Interest. Upon request by Lender, Trustor shall take whatever ection is requested by Lender to perfect
<br />and continue Lender's security interest in the Rents and Personal Property. In addRion to recording this Deed of
<br />Trust in the real property records, Lender may, at eny time and without further authorization from Trustor, file
<br />executed counterparts, copies or reproductions of this Deed of Trust as a finencing statement. Trustor shall
<br />reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Trustor
<br />shell not remove, sever or detach the Personal Properry from the Property. Upon default, Trustor shall assemble
<br />any Personal Properry not affixed to the Property in a manner and at a place reasonebly convenient to Trustor and
<br />Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the
<br />extent permitted by applicable lew.
<br />Addresses. The mafling eddresses of 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) ere as stated on the first page of this Deed of Trust.
<br />FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further essurances 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 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 end in such offices
<br />and places as Lender may deem appropriate, any and all such mortgeges, deeds of trust, security deeds, security
<br />agreements, financing statements, continuation statements, instruments of further assurance, certificates, end
<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) Borrower's and Trustor's obligations under the Note, this Deed of Trust, and
<br />the Related Documents, and (2) the liens and security interests created by this Deed of Trust as first and prior
<br />flens on the Property, whether now owned or hereafter ecquired by Trustor. Unless prohibited by law or Lender
<br />agrees to the contrary in writing, Trustor shell reimburse Lender for ell costs and expenses incurred in connection
<br />with the matters referred to in this paragraph.
<br />Attorney-in-Fact. If Trustor fails to do eny of the things referred to in the preceding peragraph, Lender may do so
<br />for and in the name of Trustor end 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 desirable, in Lender's sole opinion, to accomplish the matters referred to in
<br />the preceding paragraph.
<br />FULL PERFORMANCE. If Borrower and Trustor pay all the Indebtedness, including without Iimitation all future
<br />advances, when due, and Trustor otherwise performs all the obligations imposed upon Trustor under this Deed of Trust,
<br />Lender shall execute end deliver to Trustee a request for full reconveyance and shall execute and deliver to Trustor
<br />suitable stetements of terminetion of any financing stetement on file evidencing Lender's security interest in the Rents
<br />and the Personal Property. Any reconveyance fee required by law shall be peid by Trustor, if permitted by applicable
<br />law.
<br />EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed
<br />of Trust:
<br />Payment Default. Borrower feils to make any payment when due under the Indebtedness.
<br />Other Defaults. Borrower or Trustor fails to comply with or to perform any other term, obligation, covenant or
<br />condition contained in this Deed of Trust or in any of the Related Documents or to comply with or to perform any
<br />term, obligation, covenant or condition contained in eny other agreement between Lender and Borrower or 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 Borrower or eny Grantor default under any loan, extension of credit,
<br />security agreement, purchase or sales agreement, or any other agreement, in fevor of any other creditor or person
<br />that may materially affect any of Borrower's or eny Grantor's property or Borrower's ability to repay the
<br />Indebtedness or Borrower's or Grantor's ebility to perform their respective obligations under this Deed of Trust or
<br />any of the Related Documents.
<br />False Statements. Any warranty, representation or stetement mede or furnished to Lender by Borrower or Trustor
<br />or on Borrower's or Trustor's behalf under this Deed of Trust or the Related Documents is false or misleading in
<br />eny material respect, either now or at the time mede or furnished or becomes false or misleading at any time
<br />thereafter.
<br />Defective Colleteralization. This Deed of Trust or eny 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 interest or lien) at any
<br />time and for any reason.
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