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201109426 DEED OF TRUST Loan No:810291 (COntinued) Page 4 SEGURITY AGREEMENT; FINANCWG STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part of this Deed of Trust: � Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures,and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. _ Security Interest. Upon request by Lender,Trustor shall take whatever action is requested by Lender to perfecT and continue Lender's securiYy interest in the Rents and Personal Property. In addition to recording this Deed of Trust in the real proper[y records, Lender may, ai any time and without further authorization from Trustor,file executed counterparts, copies or reproductions of ihis Deed of Trust as a financing statement. Trustor shall reimburse Lende�for all expenses incurred in perfecting or continuing this security interest Upon defauft,Trustor shall not�emove,sever or detach the Personal Property from the Property. Upon default,T�ustor shall assemble � any Personal Property not affixed to the Property in a manrter and at a place reasona6ly convenient to Trustor and Lender and make�it availa6le to Lender within three (3) days after receipt of written demand from Lender to the eMent permitted by applicable law. Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which information concerning the security interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code)are as stated on the first page of this Deed of Trust.. FURTHER ASSURANCES; ATIORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of this Deed of Trust: � Further Assurances. At any time,and from time to time,upon request of Lender,Trustor will make,execute and deliver,or will cause io be made,executed or delivered,to Lender or to Lender's designee,and when requested 6y Lender,cause to be filed, recortled,refiled,or rerecorded,as th�e case may be,at such times and in such offices and places as Lender may deem appropriate,any and all such mortgages,deeds of trust,security deeds,security agreements, fina�cing statements, continuation statements, instruments of further assurance, certificates, and other documents as may,in the sole opinion of Lender,tie necessary or desirable in order io effectuate,complete, � . perfect, conti�ue, or preserve (1) Trustor's obligations under the Note, this Deed of Trust, and the Related Documents,and (2) the liens and security irrterests created by this Deed of Trust as first and prior liens on the Property,whetFier now ownetl or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writing, Trustor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Attorney-in-Fact. If Trustor fails to do any of the things referred to in the preceding paragraph;Lender may do so fnr and in the name of Trustor and at Trustor's expense. For such purposes,Trustor hereby irrevocably appoints Lender as Trustor's attorney-in-fact for the purpose of making,executing,delivering,fiiling,recording,and doing all other things as may be necessary or desirable,in Lender's sole opinion,to accomplish the matters referred to in the preceding paragrapli. � FULL PERFORMANCE. If Trustor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Trustor under this Deed of Trust. Lender shali execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to Trustor suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by law shall be paid by Trustor,if permitted by applica6le law. EVENTS OF DEFAULT. Each of the following,at Lender's option,shall constitute an Event of Default under this Deed of Trust: Payment Default. Trustor fails to make any payment when due under the Indebtedness. Other Defaults. Trustor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Deed of Trust or in any of the Related Documents or to comply witli or to perform any term, obligation,covenant or condition contained in any other agreement beiween Lender and Trustor. Compliance Default. Failure to comply with any other term, ohligation, covenant or condition contained in this Deed of Trust,the Note or in any of the Related�ocuments. Default on Other Payments. Failure of Trustor within the time required by this Deed of Trust to make any payment for taxes or insurance,or any othet payment necessary to prevent filing of or to effect discharge of any lien. Default in Favor of Third Parties. Should Grantor default under any loan,extension of credit,security agreement, purchase or sales agreement,or any other agreement,in favor of any other creditor or person that may materially affect any of Grantor's property or GrantoP's ability to repay the Indebtedness or Grantor`s a6ility to perfo�rm Grantor's obiigations under this�Deed of Trust or any of the Related Documents. False StatemeMS. Any warranty, representation or statement made or furnished to Lender by Trustor or on Trustor's behalf under this Deed of Trust or the Related Documents is false or misleading in any material respect, either now or at the time made or fumished or becomes false or misleading at any time thereafter. Defective Collateralization. This Deed of Trust or any of ihe Related Documents ceases to be i�n full force and effect(induding failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Insolvency. The dissolution or termination of Trustor's existence as a going business,the insolvency of Trustor, the appointment of a receiver for any part of Trustor's prope�ty,any assignment for the benefit of creditors, any type of creditor workout,or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Trustor. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, wheiher by judicial proceeding,self-help,repossession or any other method,by any creditor of Trustor or by any governmental agency against any property securing the Indebtedness. This includes a garnishment of any of Trustor's accounts, including deposit accounts, with Lender. However,this Event of Defiault shall not apply if there is a good faith dispute by Trusto�as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Trustor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety 6ond for the creditor or forfeiture proceeding,in an amount determined by Lender,in its sole discretion,as being an adequate reserve or bond for the dispute. Breach of Otfier Agreement. Any breach by Trustor under the terms of any other agreement between Trustor and Lender that is not remedied within any grace period provided Yherein,including without limitation any agreement concerning any indebtedness or other obligation of Trustor to Lender,whether existing now or later. . Events Affecting Guarentor. Any of the preceding events occurs with respect to any guarantor,endorser,surety, or accommodation party of any of the Indebtedness or any guarantor,endorser,surety, or accommodavon party dies or 6ecomes incompetent, or revokes or disputes the validity of, or liability undet, any Guaranty of the Indebtedness. Adverse Change. A material adverse change occurs in Trustor's financial condition; or Lender believes the prospect of payment or performance of the Indebtedness is impaired.