Laserfiche WebLink
� � 201201010 <br /> DEED OF TRUST <br /> Loan No:872058457 (Continued} Page 4 <br /> to governmental taxes,fees and charges are a part of this Deed of Trust: <br /> Current Taues,Fees and Charges. Upon request by Lender,TrusYor shali execute such documents in addition 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 Reai Property. Trustor shall reimburse Lender for all taxes, as described bebw,together with all expenses <br /> incurred in recording, perfecvng or continuirrg 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 /> Taxes. The following shall constitute[azes to which tFiis section applies: (1) a specific tax upon this type of <br /> Deed of Trust or upon all or any part of the Indebtedness secured 6y this Deed of Trust; (2) a specific tax on <br /> Trustor which Trustor is authorized or required to deduct from payme�ts on the Indebtedness secured by this type <br /> of Deed of Trust; (31 a tax on this type of Deed of Trust chatgeaple against the Lender or the holder of the Credit <br /> Agreement; and (4) a specific tax on all or any portion of the Indebted�ess or on payments of principal and <br /> interest made by 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 shall have the same effect as an Event of Default, and Lender may ezercise any or all of its <br /> available remedies for an Event of Default as provided 6elow 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 oYher security satisfactory m Lender. <br /> SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a <br /> security agreemeni are a part of this Deed of Trust: <br /> Security Agreement. This instrumeM shall constitute a Security Agreement to the extent any of the Property <br /> constitutes fi�ctures,and Lender shall have ail of the rights of a secured party under tHe Uniform Commercial Code <br /> as ame�ded from time to time. <br /> Sewrity Interest. Upon request by Lender,Trustor shall take whatever action is requested by Lender to perfect <br /> and continue Lender's security interest i�the Personal Property. In addition to recording this�eed 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 statem���ent. Trustor shall refmburse <br /> Lender for all expenses incurred in perfecting or continuing this security interest. Upon default,Trustor shall not <br /> remove, sever or detach the Personal Property from the Property. Upon defauit, Trustor shall assemble any <br /> Personal Property not affixed to the P�operty in a manner and at a place reasonably convenient to Trustor and <br /> Lender and make it available to Lender withirt three (3� days after receipt of writte�demand from Lender to the <br /> extent permitted by applica6le law. <br /> Addresses. The mailing addresses of Trusmr (debtor) and Lender (secured partyl �From which information <br /> concerning the security interest grantetl by this Deed of Trust may 6e obtained (each as requited 6y the U��niform <br /> Commercial Code)are as stated on the first page of this Deed of Trust. <br /> FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relaiing io Turther 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,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 and in such offices <br /> and places as Lender may deem appropnate,any and all such mortgages,deeds of trust,securiTy deeds,security <br /> agreemeMS, financing staTemertts, caniinuation 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 effiectuate,complete, <br /> perfect, continue,or preserve f11 Trustor's obligations under the Credit Agreement,this Deed of Trust,and the <br /> Related Documents,. and i21 the liens and securiYy interests created 6y this Deed oi Trust on the Property, <br /> whether now owned or hereafter acquired by Trustor. Unless ptohibited by law or Lender agrees to the contrary in <br /> writing,Trustor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred <br /> to in this paragraph. <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 Ttustor's expense. For such purposes,Trustor hereby irYevoc:abfy 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 deshable,in Lender's sole opinion,to accomplish the matters referred to in <br /> the preceding paragraph. <br /> FULL PERFORMANCE. If Trustor pays all the Indebtedness when due,terminates the credit line account,and otherwise <br /> performs all the otiligations imposed upon Trustor under this Deed of Trust,Lender shall execute and deliver to Trustee <br /> a request for full reconveyance and shall execute and deltver to Trustor suitable statements of termination of any <br /> financing statement on file evidencing Lender's secunty interest in the Rents and the Personal Property. Any <br /> reconveyance fee required by law shall be paid by Trustor,if permitted by applicable law. <br /> EVENTS OF DEFAULT. Trustor will be in default under this Deed 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 /> include, for example, a false statement about Trustor's income, assets, liabilities, or any 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 collateral.: This can include, for ezample, failure to <br /> maintain required insurance,waste or destructive use of the dwelling,failure to pay taxes,death of all persons liable on <br /> the account, tYansfer of title or sale of the dwell.ing, creation of a senior lien on the dwelling without Lender's <br /> permission,foreclosure by the holder of another li�en,or the use of funds or the dwelling fnr prohibited purposes. <br /> RIGH35 ABLD REMEDIES ON DEFAULT. If 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 fioliowing rights and remedies: <br /> Acceleration Upon Default;Additional Remedies. If any Event of Default occurs as per fhe terms of the Credit <br /> Agreement secured hereby,Lender may declare ali Indebtedness secured by this Deed of Trust to be due and <br /> payable and the same shall.thereupon become due and payable without any presentment,demand,protest or <br /> notice of any kind. Thereafter,Lender may: � <br /> (a) Either in person or by agent, with or without bringi�g any action or procaeding, or by a receiver <br /> appointed by a court and wi[hout regard to the adequacy of lts 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,matketability or rentability of the Property,or part of <br /> the Property or interest 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 apply the same,less <br /> costs and expenses of operation and collection attorneys'fees,to any indebtedness secured by this Deed <br /> � of Trust, 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 under this�eed.of Trust or invalidate any act done in response to <br /> sach default or pursuant to such notice of defauft;and,notwithstanding the continuance in possession of <br />