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201206110
<br /> DEED OF TRUST
<br /> Loan No: 872058667 (COntinued) Page 4
<br /> this Deed of Trust and take whatever otner action is requested by Lender to perfiect 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 fimitation alI taxes, fees,
<br /> documentary stamps,end other charges for recording or registering tnis Deed ofi Trust.
<br /> Taxes. The following shall constitute taxes to which this section appl:ies: (1) a specifiic Yax upon this type ofi
<br /> Deed of Trust or upon all or any part of the Inde�btedness secured by this Deed of Trust; (2) a specific tax on
<br /> Trustar which Trustor is authorized or required to deduct from payments on tne Indebtedness secured by this type
<br /> of Deed of Trust (3) a tax on this type of Deed of Trust cnargeable against the Lender or the holder of the Credit
<br /> Agreement; and (4) a specific tax on all or any portio:n of #he 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 ofi
<br /> Trust, this event shall have the same effect as an Event of Default, and Lender may exeroise any or ail of its
<br /> available remedies for an Event of Default as provided below uNess Trustor either ("I) 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 sufificient corporate surety bond.or other security satisfactory to Lender.
<br /> SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisi.ons relating to this Deed of Trust as a
<br /> security agreement are a part of this Deed ofi Trust:
<br /> Security Agreement. This instrument shalt 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 Unifiorm Commercial Code
<br /> as amended from time to time.
<br /> Security Interest_ Upon request by Lender, Trustor shali take whatever action is �equested by Lender to perfect
<br /> and continue Lender's secutity 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 autnorization from TrustoP, file executed
<br /> counterparts, copies or reproductions of th�is Deed of Trust as a financing statement. Trustor shali rei�mburse
<br /> Lender for all expenses i.ncurred in perfecting or continuing this security interest. Upon default, Trustor shall not
<br /> remove, sever or detach the Personal Property from tne Property. U�pon 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 avai'lable to Lender within three (3) days after receipt of written demand firom 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 be 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 /> attorney-in-fact are a part of this Deed of Trust:
<br /> Further Assurences. 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 appropriate, any and all such mortgages, deeds of irust, security deeds, security
<br /> agreements, financing statements, continuation statements, i.nstruments of further assurance, certificates, and
<br /> other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete,
<br /> perfect, continue, or preserve ("1) Trusto:r's obligations under the Credit Agreement, this Deed of Trust, and the
<br /> Re�lated Documents, and (2) the Iiens 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 coMrary in
<br /> writing, Trustor shall reimburse Lender for ail costs and expenses incurred in connection with the matters refierred
<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 ihe name of Trustor and at Trusto�r's expense. For such purposes, Trustor hereby irrevocably appoints
<br /> Lender as.Trustor's attorney-in-fact for the purpose of maki�ng, execuYing, delivering, filing, recording, and doing all
<br /> other things as may be necessary or desirable, in Lender's sole opinion, to accomplfsh the matters referred to in
<br /> the preceding paragraph.
<br /> FULL PERFORMANCE_ If Trustor pays all the Intlebtedness when due,terminates the credit line account, and othetwise
<br /> performs all fhe 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 interest in the Rents and the Personal Property. Any
<br /> reconveyance fee required by law shall be paid by Trustor,ifi permitted by applicable law.
<br /> EVENTS OF DEFAULT. Trustor will be in default under this Deed of Trust if any of the fiollowing happen: (A) Trustor
<br /> commiis fraud or makes a material misrepresentation at any ti�me in connection with the Credit Agreement. This can
<br /> include, for example, a false statement about Trustor's income, assets, liabilities, ot any other aspects of Trustor's
<br /> financial condiiion. (B) Trustor does not meet the repayme�nt Yerms of the Credit Agteement. (C) Trustor's action or
<br /> inaction adversely affects the collateral or Lender's rights in the collateral. This can include, for example, faiiure to
<br /> maintain required�insurance, waste or destructive use of the dwelFing,failure to pay iaxes, death of all personS liable on
<br /> the account, transfer of title or sale of the dwelling, creation of a senior lien on the dwelling wiihout Lender's
<br /> permission,for8dosure by the holder of another lien, or the use of funds or the dwelling fior prohibited purposes�..
<br /> RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter,
<br /> Trustee or Le�.nder may exercise any one or more of tne 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 T�ust 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 bringing any action or proceeding, or by a receiver
<br /> appointed by a court and without regard to the adequacy 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 /> tne Property or interest in the Property; increase the income from the Properiy or protect ihe security of
<br /> the Property7 and, with or without taking possession of the Property, sue for or otherwise collecY the
<br /> rents, issues and profits of the Property, including those pasY 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 rnay determi�ne. The entering upon and taking possess.ion of the
<br /> Property, the cotlection 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; and, notwitnstanding the continuance in possession of
<br /> the Property or the collection, receipt and application of rents, issues or profits, Trustee or Lender shall
<br /> 6e entiiled to exercise every right peovided for in the Credit Agreement or the Related Documerts or by
<br /> law upon.the occurrence of any event of defauk,including the right to exercise the power of sale;
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