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201201531
<br /> DEED OF TRUST
<br /> Loan No:872058481 (Continued) Page 4
<br /> Trustor shali promptly take such steps as may be necessary to defend the action and obtain the award. Trustor
<br /> may be the nominal party in such proceeding,but Lender shall be entitled.to participate in the proceeding and to be
<br /> represented in the proceeding by coonsel of its own choice, and Trustor will deliver or cause to be delivered to
<br /> Lender such instruments and documentation as may be requested tiy Lender from time to time to permit such
<br /> participation.
<br /> Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or 6y
<br /> any proceeding or purchase in lieu of condemnation,Lender may at its election require that all or any portion of the
<br /> net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net
<br /> proceeds of the award shall mean the award after payment of all reasonable costs,expenses,and attorneys'fees
<br /> incurred by TrusYee or Lender in connection with the condemnation.
<br /> IMPOSITION OF TAXES,FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The Pollowing provisions relating
<br /> to governmentaltaxes,fees and charges are a part of this Deed of Trust:
<br /> Current Taxes,Fees and Charges. Upon request by Lender,Trustor shall execute such documents in addition to
<br /> this Deed of Trust and take whatever other acYion 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, perfecting or continuing 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 taxes to which this section appliex (1) a specific tax upon this type of
<br /> Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (21 a specific tax on
<br /> Borrower which Borrower is authorized or required to detluct from payments on the Indebtedness securetl by ihis
<br /> type of Deed of Trust; (3) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the
<br /> Credit Agreement.;and (4) a specific tax on all or any portion of the Inde6tedness or on payments of principal and
<br /> interest made by Borrower.
<br /> Subsequent Taces. If any tax to which this section applies is enacted subsequent to Yhe daYe of this Deed of
<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 eiYher (U 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 security satisfactory to Lender.
<br /> SECURITY AGREEMENT; FINANCBNG 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 Agreemen2 to the extent any of the Property
<br /> constitutes fixiures,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 financiog statemeM, Trustor shall reimburse
<br /> Lendar for ail expenses incurred in perfecting or continuing this security interest. Upon defauit,Trustor shall noY
<br /> remove, sever ar detach the Personal Property from the Property. Upon default, Trustor shall assemble any
<br /> Personal Proper[y 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(31 days after receipt of written demand from Lender to the
<br /> extent permittetl 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 be obtained (each as required by the Uniform
<br /> Commercial Code)are as stated on the first page ofi this Deed of Trust.
<br /> FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating 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,upon request of Lender,Trustor will make,execute and
<br /> deliver,or will cause to be made,executetl or delivered,to Lender or to Lender's designee,and when requested by
<br /> Lender,cause to he filed,recorded,refiled,or rerecorded,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 /> agreements, financing staiements, continuation statements, instruments of further assurance, certificates, and
<br /> other documents as may,irt the sole opinion of Lender,be necessary or desirable in order to effectuate,complete,
<br /> perfect,continue,or preserve (1� Borrower's and TYustor's obligations under the Credit Agreement,this Deed of
<br /> Trust,and the Related Documents,and (2) the liens and security interests created by this Deed of Trust on the
<br /> Property,whether now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the
<br /> contrary in� wriYing, Trustor shall reimburse Lender for all costs antl expenses incurred in connection with the
<br /> mattets referred 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 Trustar and at Trustor's expense. For such purposes,Trustor hereby irrevocably appoints
<br /> Lender as Trustor's 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 preceding paragraph.
<br /> FULL PERFORMANCE. If Borrower and Trustor pay all the Indebtedness when due,terminates the credit line account,
<br /> and Trustor oiherwise performs all the obligations imposed upon Trustor under this Deed of Trust,Lender shall execute
<br /> and 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 interest in the Rents and Yhe Personal
<br /> Property. Any reconveyance fee requi:red by law shall be paid by Trustor,if permitted 6y applicable law.
<br /> EVENTS OF DEFAULT. Trustor will be in defiault 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 Borrower's or Trustor's income,assets;liabilities,or any other aspects of
<br /> Borrower's or Trustor's financial condition.. (B) Borrower does not meet the repayment terms of the Credit Agreement.
<br /> (C) Trustor's action or inaction adversely affects the collaterai or Lender`s rights in the collatera:l. This can indude,for
<br /> example,failure to maintai�required insurance,waste or destructive use of the dwelling,failure to pay taxes,death of
<br /> ail persons liable on the account, transfer of title or sale of the dwelling, creation of a senior lien on the dwelling
<br /> without Lender's permission,foreclosure by the holder of another lien,or the use of funds or the dwelling for prohibited
<br /> purposes.
<br /> RIGFITS AND 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 following rights and remedies:
<br /> pcceleration Upoe Default;Additional Remedies. If any Event of Default occurs as per the terms of the Credit
<br /> Agreement secured hereby,Lender may declare all Indebtedness secuYed by this Deetl of Trust to be due and
<br /> payable and the same shall thereupon become due and payable without any presentment,demand,protest or
<br /> riotice of any k+nd. Thereafter,Lender may: .
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