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201200929
<br /> DEED OF TRUST
<br /> Loan No: 872058431 (Continued) Page 4
<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, perfecti:ng or continuing this Deed of Trust, induding without limiiation all taxes, fees,
<br /> documentary stamps,and other charges for recording or registering this Deed of Trust.
<br /> Taxes. 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 �eed of Trust; (2) a specific tax on
<br /> Trustor which Trustor is authorized or required to deduct from payments on the Indebtedness secured by this type
<br /> of Deed of Trust; (3) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Credit
<br /> Agreement; and (4) a specific tax on all or any portion of the Inde6tedness or on payments of principal and
<br /> interest made by Trustor.
<br /> S�bsequent Ta�ces. Ifi 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�efault, and Lender may exePCise 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 I2) 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 /> SECURI7'Y AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a
<br /> security agreement are a part ofi tliis Deed of Trust:
<br /> Sewrity 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 shall reimburse
<br /> � Lender for all expenses incurred in perfecting or�continuing tBis security interest. Upon default,Trustor shall not
<br /> remove, sever or detach the Personal Property from the Property. Upon default, Trustor shall assemble any
<br /> Personal Property not affixed to the Properry in a manner and at a place reasonably convenient to Trustor and
<br /> Lender and make it available to Lender within three 13) tlays after receipt oF written demand from Lender to the
<br /> extent permitted by applicable law. �
<br /> Addressas. The mailing addresses of Trustor ldebtor) and Lender (secured partyl from which information
<br /> concerning the security interest g�anted 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 this Deed of Ttust.
<br /> FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and
<br /> attorney-in-fact are a part of this�eed 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 re�ecortled,2s the case may be,at such times and in such offices
<br /> and places as Lender may deem.appropriate,any antl all such mortgages,deeds of trust;security deeds,security
<br /> , agreements, financing statements, coniinuation statements, instruments of further assurance, certificates, and
<br /> other documents as may,in the sole opinion of Lender,be necessary or desira6le in order to effectuate,complete,
<br /> perfect,continue,or preserve (1} Trustor's obligations under the Credit Agreement,this Deed of Trust,and the
<br /> Related Documents,a:nd (2) the liens and securiry interests crezted by this Deed of Trust as first and prior liens
<br /> �on the Property,whether now owned or hereaRer acquired by Trustor, Unless prohibited by law or Lender agrees
<br /> to the contra�y in writing,Trustor shall rei:mburse Lender for all costs and expenses incurred in connection with the
<br /> matters referred to in this paregraph:
<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,Trusxor hereby irrevoca6ly appoints
<br /> Lender as TrustoPs 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 precedi�g paragraph, �
<br /> FULL PERFORMANCE. If Trustor pays all the Indebtedness when due,terminates the credit line account,and otherwise
<br /> performs all the obiigations imposed upon Trusto�under this Deed of Trust,Lender shall execute and deliver to Trustee
<br /> a request for full reconveyance antl shall execute and deliver to Trustor suitable statemsnts of termination of any
<br /> financing statement on file evidencing Lender's security interest in the Rents and the Personal Proper[y. Any
<br /> reconveyance fee required by law shall be paid by Trustor,if permitted by applicable law.
<br /> EVEN7S OF DEFP.ULT. Trustor will be in default under this�eed of Trust if any of the following happen: (A) Trustor
<br /> commits fraud or makes a material misrepresentation at any time in connection with the Credit Agreement This can
<br /> inciude, fo�example, a false statement about Trustor's income, assets, liabilities, or aoy other aspects of Trustor's
<br /> financial condition. {B) Trustor does not meet the repayment terms of the Credit Agreement. (C) Trustor's action or
<br /> inaction adversely affects the collateral or Lender's rights in the coilateral. This can inciude, for example, failure to
<br /> maintain tequired insurance,waste or destructive use of the dwelling,failure to pay taxes,death of all persons liable on
<br /> the account, transfer of title o� sale of the dwelling, creation of a senior lien on the dwelling without Lender's
<br /> permission,foreclosure by the holder of another lien,or the use of funds or the dwelling for prohibited purposes.
<br /> RIGHTS AND REMEDIES ON DEFAULT. ff an Event of Default occurs under this Deed of Trust,at any time thereafter,
<br /> Trustee or Lender may exercise any one or more of the following rights and remetlies:
<br /> Acceleration Upon Default;Additional Remedies. If any Event of Default occurs as per the terms of the Credit
<br /> Agreement secured hereby,Lender may declare all Inde6tedness secured by this Deed of Trust to be due and
<br /> payable and the same shall thereupo�become due and paya6le without any presentment,demand,protest or
<br /> notice of any kind. Thereafter,Lender may:
<br /> (a) Either in person or 6y agent, with or withoui 6ringing any action or proceeding, or by a receiver
<br /> appointed by a court and without regard to the adequacy of iYS 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,marketability or rentability of the Property,or part of
<br /> the Property or inierest in the Property;increase the income from the Property or protect the security of
<br /> the Property; and, with or without taking possession of the Property, sue for or otherwise collect the
<br /> rents,issues and profits of the Property,including those past due and unpaid,and appty the same,less
<br /> cosis and expenses of operatior�and coilection attorneys'fees,to any indebtedness secured by this Deed
<br /> of TPUSt, all in such order as Lender may determine. The entering upon and taking possession of the
<br /> Property, the collection of such rents, issues and profits, and the application thereof shall not cure or
<br /> waive any default or notice of default unde�this Deed of Trust or invalidate any act done in response to
<br /> such defaWt or pursuant to such notice of default;and,notwithstanding the continuance i�possession of
<br /> the Property or the collection,receipt and application of rents,issues or profits,Trustee o�Lender shall
<br /> be entitled to exercise every right provided for in the Credit Agreement or the Related Documents or by
<br /> law upon the occurrence of any event of defauli,including the right to exercise the power of sale;
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