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201109439
<br /> �EED OF TRUST
<br /> Loan No: 173051721 (Contlnued) Page 4
<br /> Taxes. The following shall constitute taxes to which this sectio�applies: (7) a specific tax upon this type of
<br /> Deed of T�ust or upon all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on
<br /> Trustor which Trustoris authorized orrequired to deductfrom payments on the Indebtedness securetl by this type
<br /> of Deed of Trust; (31 a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Note;
<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 /> Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of
<br /> Trust,this event shail have the same effect as an Event of DefauFt, and Lender may exercise any or all of its
<br /> available remedies for an Event of Default as provided below unless Trustor either (7) 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 secu�ity satisfactory to Lender.
<br /> SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a
<br /> security agreement are 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 action is requested 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 further authorization from Trustor, file executed
<br /> counterparts, copies or reproductions of this Deed of Trust as a financing statement. Trustor shalf reimburse
<br /> Lender for all expenses incarred in perfecting or continuing this security interest. Upon default,Trustor shall not
<br /> remove, sever or detach ihe Personal Properry 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 availabie 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) and Lender (secured party) from which information
<br /> concerning the security interest granted by this Deed of Trust may 6e obtained (each as required by the Uniform
<br /> Commercial Code)are as stated on the first page of this Deed of Trust.
<br /> FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and
<br /> at[omey-in-fact are a part of this Deed of Trust: .
<br /> � Further Assurances. At any time, antl from time to time,upon request of Lender,Trustor wi�ll�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 m be filed,recorded,refiied,or rerecorded, as the case may be,at such times and in such offices
<br /> and places as Lentler may deem approptiate,any and all such mortgages,deeds of trust,security deeds,security
<br /> agreements, financing statements, continuation statements, instruments of further assuran�ce, certificates, and
<br /> other documents as may,in the sole opinion of Lender,be necessary or desirable in order to effectuate,wmplete,
<br /> perfect, continue, or preserve (1) Trustor's obligations under the Note, this Deed of Trust, and the Related
<br /> Documents,and (2) the liens and securiry interests created by this Deed of Trust as first and prior liens on the
<br /> Property,wheYher now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the
<br /> contrary in writing, Trustor shall reimburse Lender for all costs and expenses incurred in connection with the
<br /> matters referred to in this paragraph.
<br /> Attorney-in-Fact. If Trustor tails to do any of the things refierred to in the precetling paragraph,Lender may do so
<br /> Por and in the name of Trustor and at Trustor's expense. For such purposes;Trustor hereby irrevocatrly appoints
<br /> Lender as Trustor's attomey-in-fact for the purpose of making,executing,delivering,filing,recording,and doing ail
<br /> othe�things as may be necessary or desirable, in Lender's sole opinion,to accomplish the matters referred to in
<br /> the preced�ing paragraph.
<br /> FULL PERFORMANCE. If Trostor pays all the Indebtedness,induding without limitation all future advances,when due,
<br /> and otherwise performs all the obligations imposed upon Trustor under this Deed of Trust Lender shali execute and
<br /> deliver to Trustee a request for full. reconveyance and shall execute and deliver to Trustor suita6le statements of
<br /> termination of any financing statement on file evidencing Lender's security i�terest in the Rents and the Personal
<br /> Property. Any reconveyance fee required by law shall be paid by Trustor,if petmitted 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 fol:lowing
<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 p.rovided i�this Deed of Trust or in any agreement related to this Deed of Trust.
<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 Docurnents.
<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 3nsurance,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 agreement,or any other agreement,.in favor of any other creditor or person that may materially
<br /> affect any of Grantors property or Grantor's ability to repay the Indebtedness or Granto�'s ability to perform
<br /> Grantor's obligations�under this Deed of Trust oF any of the Relaied Documents.
<br /> False Statements. Any representation or statement made or furnished to Lender by Trustor or on Trustor's behalf
<br /> under this Deed of Trust ot 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 the Related Documents ceases to ne in full force and
<br /> effect (including failure of any collateral document to create a valid a�d perfected security interest or Iien) 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 foi the benefit of creditors, any type of creditor workout, or the
<br /> commencemeni of any proceeding under any bankrupCcy or insolvency laws by or against Trustor.
<br /> Taking of the Property. Any creditor or governmental agency tries to take any of the Propetty or any other of
<br /> Trustor's property in whicFi 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 fumishes
<br /> Lender with monies or a surety bond satisfactorY to Lender to satisfy the ciaim,then ihis default provision will not
<br /> apply.
<br /> Breach of Other Agreement. Any breach by Trustor under the terms of any other agreement between Trustnr and
<br /> Lender that is not remedied within any grace periotl provided therein, including without limitation any agreement
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