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201206263
<br /> DEED OF TRUST
<br /> Loan No: 872058705 (COfttinued) Page 4
<br /> �th�is 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 snall 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 thi5 Deed of Trust.
<br /> Taxes. The following shall constiYute taxes io which this section applies. (7) a specific tax upon this type of
<br /> Deed ofi Trust or upon all ot any part of the Indebtedness secured by this Deed of Trust (2) a specifiic 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 Trusti (3) a tax on this type of Deed of Trust chargeable against the Lender or ttie holder of the Credit
<br /> Agreementt and (4) a specifiic tax on all or any portion of the Indebtedness or on payments ofi principal and
<br /> interest made by Trustor.
<br /> Subsequent Taxes. 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 Default, and Lender may exercise any or all of its
<br /> available remedies for an Event of Default as provided b8:low unless Trusfor either ('I) pays the tax befiore it
<br /> becomes tlelinquent, 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: FINANCWG STATEMEIVTS. The following provisions relating to this Deed ofi Trust as a
<br /> security agreement are a part ofi this Deed of Trust:
<br /> Security Agreement. This instrument snall constitute a Security Agreement to the exteM any of the Proparty
<br /> constitutes fi�ctutes, and Lender shall have aii of the rights of a secured party under Yhe Uniform Commerciai Code
<br /> as amended from time to time.
<br /> Security Interest. Upon request by Lender, Trusior 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 authorizaiion from Trustor, fiile executed
<br /> counterparts, copies or reproductions of this Deed of Trust as a financing sta2ement. Trustor shall reimburse
<br /> Lender for all expenses incurred in perfecting or continuing 2his security interest Upon default, Trustor sha❑ not
<br /> remove, sever or detach the Personal Property from the Property. Upon defauit, Trustor shall assembie any
<br /> Personal Property not affixed to the Property in a manner and at a place reasonably convenieni to Trustor and
<br /> Lender and make it available 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 /> conceming the security interest granted by this Deed of Trust may be obtained (each as required by tne Unifiorm
<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 Assurances. At a.ny time, and firom time to iime, upon request of Lender; Trustor wiii make, execuYe 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 ofi trust, security deeds, security
<br /> agreements, financing statements, continuation statements, instruments of further assurance, certificates, antl
<br /> oiher documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete,
<br /> perfiect, 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 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 Trustor's expense. For such purposes, Trustor hereby irrevocably appoints
<br /> Lender as Trustor's attomey-in-fact for the purpose of making, executing,delivering, filing, recording, and doing all
<br /> other thi.ngs 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 ihe Inde6tedness when due,terminates the credit line account,and otherwise
<br /> pe:rforms alI the obligations imposed upon Trustot under YhiS Deed of Trust, Lender shall execute and deliver to Trustee
<br /> a request fo.r full reconveyance and shall execuTe and deliver to Trustor suitable statements of termination ofi any
<br /> fiinancing statement on file evidencing Lender's security inierest in ihe 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 ihe followirtg happen: (A) Trustot
<br /> commits fraud or makes a material misrepresentation at any time in connection with the �redit Agreemeni. This can
<br /> indude, for example, a false statement about Trustor's income, assets, liabilities, or any other aspects of Trustor's
<br /> financial condition. (B) Trustor does noi meet the repayment terms of the Cred�it Agreement. (C) T�ustor's action or
<br /> inaction adverseJy affects ihe 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 dwelling; failure to pay taxes, death of ail persons liable on
<br /> the account, transfer of title or sale of ihe dwelling, creation of a senior lien on the dwelling without Lender's
<br /> permission,foreclosure by the holder ofi another lien, or the use ofi funds or the dwelling for prohibiYed purposes.
<br /> RIGHTS AND REMEDIES ON DEFAULT. If an Event o# 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 /> Acceleration Upon Default;Additional Remedies. Ifi any Event of Default occurs as per the terms ofi the Credit
<br /> Agreement secured hereby, Le�der may dedare all Indebtedness secured by this Deed ofi Ttust to be due and
<br /> payable and the same shall thereupon become due and payable withouY any presentment, demand, protest or
<br /> notice of any kind. Thereafte:r, 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, enier upon and take possession
<br /> of the Property, or any part#hereof, i�n its own name or in the name of Trustee, and do any a.cts which it
<br /> deems necessary or desirable to preserve the value, marketability o'r rentability of the Property, or part of
<br /> the Property or interest in the Property; increase the income from the Property or protect the se�curity of
<br /> the Property; and, with or without taking possession of the Property, sue for or otherwise collect the
<br /> renYs, 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 attomeys' fees,Yo ariy indebYedness secured by this Deed
<br /> of Trust, atl in such order as Lende�r may derermine. The entering upon and taking possession of tne
<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 tlone in response to
<br /> such default or pursuant to such notice of default; and, 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 C�edit Agreement or tMe Related Documents or by
<br /> law upon the occurrence of any event of default, inclutling the right to exercise the power of sale;
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