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DEED OF TI�UST 2 012 0 4 9 7�
<br />Loan No: 872056437 (Continu�d) Page 4
<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 action is reques ed by Lender to perfect and continue Lender's lien on
<br />the Real Property. Trustor shall reimburse Lender for all t�xes, as described below, together with all expenses
<br />incurred in recording, pertecting or continuing this Deed Of Trust, including without limitation all taxes, fees,
<br />documentary stamps, and other charges for recording or regi$tering this Deed of Trust.
<br />Taxes. The following shall constitute taxes to which this $ection applies: (7) a specific tax upon this type of
<br />Deed of Trust or upon all or any part of the Indebtedness �ecured by this Deed of Trust; (2) a specific tax on
<br />Trustor which Trustor is authorized or required to deduct fro payments on the Indebtedness secured by this type
<br />of Deed of Trust; (3) a tax on this type of Deed of Trust ch;argeable against the Lender or the holder of the Credit
<br />Agreement; and (4) a specific tax on all or any portion pf the Indebtedness 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 �f Default, end Lender may exercise 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 (2) contests the tax as provided at�ove in the Taxes and Liens section and deposits with
<br />Lender cash or a sufficient corporate surety bond or other se�urity 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 Propqrty. In addition to recording this Deed of Trust in the
<br />real property records, Lender may, at any time and withput further authorization from Trustor, file executed
<br />counterparts, copies or reproductions of this Deed of Trusjt as e financing statement. Trustor shall reimburse
<br />Lender for all expenses incurred in perfecting or continuing Rhis security interest. Upon default, Trustor shall not
<br />remove, sever or detach the Personal Property from the �roperty. 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 available 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) �nd 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 Unifarm
<br />Commercial Code) are as stated on the first page of this Dee�i 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, executed or delivered, to L�nder 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 appropriate, any and all su�h mortgages, deeds of trust, security deeds, security
<br />agreements, financing statements, continuation statements, instruments of further assurance, certificates, and
<br />other documents as may, in the sole opinion of Lender, be nqcessary or desirable 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, and (2) the liens and security interests created by this Deed of Trust on the Property,
<br />whether now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in
<br />writing, Trustor shall reimburse Lender for all costs and expQnses 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 refdrred to in the preceding paragraph, Lender may do so
<br />for and in the name of Trustor and at Trustor's expense. Fbr 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 Trustor pays all the Indebtedness when due, terminates the credit line account, and otherwise
<br />performs all the obligations 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 deliver to Trustor suitable statements of termination of any
<br />financing statement on file evidencing Lender's security inter�st in the Rents and the Personal Property. Any
<br />reconveyance fee required by law shall be paid by Trustor, if perrclitted by applicable law.
<br />EVENTS OF DEFAULT. Trustor will be in default under this Deec� of Trust if any of the following happen: (A) Trustor
<br />commits fraud or makes a material misrepresentation at any tim� in connection with the Credit Agreement. This can
<br />include, for example, a false statement about Trustor's incomel assets, liabilities, or any other aspects of Trustor's
<br />financial condition. (B) Trustor does not meet the repayment terms of the Credit Agreemant. (C) Trustor's action or
<br />inaction adversely affects the collateral or Lender's rights in the collateral. This can include, for example, failure to
<br />maintain required insurance, waste or destructive use of the dwel�ing, failure to pay taxes, death of all persons liable on
<br />the account, transfer of title or sale of the dwelling, creatior� 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. If an Event of Default oacurs 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 />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 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 withou� bringing any action or proceeding„ or by a receiver
<br />appointed by a court and without regard to the ad quacy of its 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 interest in the Property; increase the income from the Property or protect the security of
<br />the Property; and, with or without taking possassion 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, aii in such order es 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 Deed of Trust or invalidate any act done in response to
<br />such default or pursuant to such notice of default; pnd, notwithstanding the continuance in possession of
<br />the Property or the collection, receipt and application of rents, issues or profits, Trustee or Lender shall
<br />be entitled to exercise every right provided for in the Credit Agreement or the Related Documents or by
<br />G, _ ��
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