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201206456
<br /> DEED OF TRUST
<br /> Loan No:872058683 (Contlnued} Page 4
<br /> Borrower which 8orrower is authorized o�required to deduct from paymeMs on the Inde6tedness secured by this
<br /> type of Deetl ofi Trust; (3) a tax on This type of Deed of Trust chargeable against the Lender or the holder of the
<br /> Credit Agreement;and (41 a specific tax on all or any portion of the Indebtedness ot on payments of principal and
<br /> interest made by Borrower.
<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 Eve�t of Default, a�d 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 6efore 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 6ond or other security satisfactory to Lender.
<br /> SECURITY AGREEMENT; FINANCENG STATEMENTS. The following pYovisions relating to this Deed of Trust as a
<br /> security agreement are a part of this Deed of Trust:
<br /> Security Agreamerrt. This instrument shall constitute a Security Agreement to ihe exteni any of ihe Property
<br /> constitutes fixtures,antl Lender shall have all of the rights of a secured party under fhe 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 antl without further authorization from Trustor, file executed
<br /> counterparts, copies or reproductions of this Deed of Trust as a financing statement. Trustor shall reimburse
<br /> Lender for all expenses incurred in perfecting or continuing this security interest. Upo�default,Trustor shafl not
<br /> remove, sever or detach The Perso�al Property from the Property. 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) and Lender (secured partyl from. which info�mation
<br /> concerning the security interest granted by this Deed of Trust may be otiYained (each as required by the Uniform
<br /> Commercial Code1 are as stated on tRe 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 2his Deed of Trust:
<br /> Further Assurances. At any time,and from time to time,upon request ofi Lender,Trustor will make,execute and
<br /> deliver,or will cause to be made,executed or delivered,fo Lendet 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,deetls of trusi,security deeds,security
<br /> agreements, financing statements, continuation statements, instruments of further assurence, 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) Borrower's and Trustor's obligations untler the Credit Agreement,this Deed of
<br /> Trust,and the Related Documents,and l2) the liens and security interests created by this Deed of Trust as first
<br /> and prior liens on the Ptoperty,whether now owned or hereafter acquired by Trustor. Unless prohibited by law or
<br /> � Lentler agrees to the contrary in writing, Truscor shall reimburse Lender for aIl costs and expenses incurred in
<br /> connection with the matters 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 Trustor 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 referted 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 otherwise 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 suitable statements of
<br /> termination of any financing statement on file evidencing Lender's security i�terest in the Rents and ihe Personal
<br /> Property. Any reconveyance fee required by law shall be paid by Trustor,if permitted by applicable law.
<br /> EVENTS OF DEPAULT. Trustor will 6e in defa:ult 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 financiai condition. (B1 Borrower does not meet the repayment terms of the Credit Agreement.
<br /> (C) Trustor's action or inaction adversely affects the collateral or Lender's rights in the collateral. This can include,for
<br /> example,failure to maintain required insurance,waste or destructive use of the dwelling,failure to pay taxes,death of
<br /> all persons liable on the account, transfer of tiUe 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 /> RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this beed 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 EvenY of Default occurs as per the terms of the Gredit
<br /> Agreement securetl hereby,Lender may dedare all Indebtedness secured by this Deed of Trust to be due and
<br /> paya6le and the same shall thereupon become due and payable witAout any presentment,demand,protesi or
<br /> notice of any kintl. TFiereafter,Lender may:
<br /> (a) Either in person or by agent, with or without bringing any action or proceeding; or by a receiver
<br /> appoi�ted by a court and wiihout regard to the adequacy of its security,enter upon and take possession
<br /> of the Property,or any part thereofi,in its own name or in the name of T�ustee,and do any acts whicli 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 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 /> � Properry,ihe collection of such rents, issues and profits, and the application fhereof 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 defauit or pursuant to such noti�ce of default;and,notwithstanding the continuance in possession of
<br /> the Property or the eoliection, receipt and application of rents,issues or profits,Trastee or Lender shall
<br /> be entitled to exercise every right provided for in the Credit Agreemeni or the Related Documents or by
<br /> law upon the occurrence of any eveni of default,including the right to exercise the power of sale;
<br /> (b1 Commence an action to foreclose this Deed of Trust as a mortgage,appoint a receiver or specificalfy
<br /> enforce any of the covenants hereof;antl
<br /> (G Deliver to Trustee a written declaration of defaulY and demand for sale and a written notice of default
<br /> and election to cause Trustor's interest in the Property to be sold,which notice Trustee shall cause to be
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