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� 201109369
<br /> DEED OF TRUST
<br /> Loan No: 10000733 (COntlnued) Page 4
<br /> Trust; this event shall have the same effect 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 (2) contests the tax as provided above in the Taxes and Liens section and deposits with
<br /> Lender cash or a sufificient corporate surety bond or other security saLSfactory to Lender. .
<br /> � SECURIN AGREEMENT; FINANCING STATEMENTS. The following provisions 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 exte�t 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 action is reqaested by Lender to perfect
<br /> and continue Lender's security interest in the Personal Property. In addition to recording this Deed of Trust in the
<br /> real property records, Lender may, at any time and without fiurther authorization from Trusmr, file executed
<br /> counterparts, copies or reproductions of this Deed of Trust as a financing statement. Trustor shall reimburse
<br /> Lender for all expenses incurred in perfecting or continuing this security interest. Upon default,Trustor shall not
<br /> remove, sever or detacli the Personal Property from the Property. Upon default, 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 make it available to Lender within three(3) days after receipt of written demand from Lender to the
<br /> extent permitted by applicable law.
<br /> Addresses. The mailing addresses of Trustor (debtor) a�d Lender (secured party) from which information
<br /> concerning the securlty interest granted by this Deed of Trusi may be obtained (each as required by the Uniform
<br /> � Commercial Code)are as stated on the first page of this Deed of T�ust.
<br /> PURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions ralating 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, upo�request of Lentler,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 rerewrded;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 /> agreemenis, 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 (7) Trustor's obligations under the Note,2his Deed of Trust, and the Related
<br /> Documents,and (2) the liens and security interests created by this Deed of Trust on the Property,whether now
<br /> owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrery in writing,
<br /> Trustor shall reimburse Lender for all costs and expenses incurretl in connection with the matters referred to in.this
<br /> paragraph.
<br /> Attorney-in-Fact. If Trustor fails to do any of the things referted 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,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 Trustor pays all the Intlebtedness 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 statemeMS of termination of any financing statemeM 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 default under 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 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 TrusY.
<br /> Compliance �efault. Failure to comply with any other term, o6ligation, covenant or condition contained in this
<br /> Deed of Trust,the Note or in any of the Related Documents.
<br /> �efault 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 effeci discharge of any lien.
<br /> � Default in Favor of Third Parties. Should Granmr 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 a6ility to repay the Indebtedness or Grantor's ability to perform
<br /> Grantor's obli.gations under this Deed of Trust or any of the Related Documents.
<br /> False$tatements. Any representation or statement made or fumished 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 furnished. �
<br /> Defective Collateralization. This Deed of Trust or anY of ihe Related Documents ceases to be in full force and
<br /> effiect(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 or Insolvency. The death of Trustor,the insolvency 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, o� the
<br /> commencement of any proceeding under any bankruptcy or insolvency 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 taking 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 surety bond satisfactory to Lender to satisfy the claim,ihen 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 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 /> Events Affecting GuaraMOr. Any of the preceding events occurs with respect to any guarantor,endorser,surety,
<br /> or acco�mmodation 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 /> Indebtedness.
<br /> Insecurity. Lender in good faith believes itself insecure.
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