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201206457 DEED OF TRUST Loan No: 872058713 [Continued) Page 4 this Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lender's lien an the Real Property. Trustor shall reimburse Lender for all taxes, as described below,Yogether with all�expenses incurred in recording, perfecting or continuing this Deed of Trust, induding without limitation all taxes, fees, documentary stamps,and other charges for recording or registering this Deed of Trust. Taxes. The following shall constitute taxes to which this section applies: (11 a specific tax upon this type of Deed of Trust or upon all or any part of the Indebted�ess secured by this Deed of Trust; (2) a specific tax on Trustor which Trustor is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; l3) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Credit Agreement; and (4) a specific tax on all or any po�tion of the Indebtedness or on payments of principal and interest matle by Trustor. Su6sequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies fnr an Event of Default as provided below unless Trustor either f1) pays the tax before it becomes delinquent,or (2) contes[s the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surery bond or other securiry satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The follawing provisions relating to this 6eed of Trust as a security agreement are a part of this Deed of Trust: Security Agreement. This instrumenY shall constitute a Security Agreement to the extent anq of the Property constitutes fixtures,and Lender shall have all of the rights of a secured party under the Unifiorm Commercial Code as a:mended from time to time. Security Interest Upon request by Lender,Trustor shall take whatever aciion is requested by Lender to perfect and continue Lendet's security interest in the Personal Property. In addition to recording this Deed of Trust in the real property records, Lender may, at any time and without further authorization from Trustor, file execated countetparts, copies or reproductions of this Deed of Trust as a financing staEemen2. Trusiar shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default,Trustor shall not remove, sever or detach the Personal Property from the Property. Upon default, Trustor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Trustor a�d Lender and make it available to Lender within three (31 days after receipt of written tlemand from Lender to the exient permitted by applicable law. Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) frvm which information concerning the security interest granted by this Deetl of Trust may be obtained (each as required by the Uniform Comme�ciaf Code)are as stated on the first page of this Deed of Trust. FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating m furtRer assurances and attorney-in-fact are a part of this Deed of Trust: � Eurther Assurances. At any time,and f�om time to time,upon request of Lender,Trustor will make,execute and deliver,or will cause to be made,executed or delivered,to Lender or to Lender's designee,and when requested by Lender,cause to be filed,recorded,refiled,or rerecorded,as the case may be,at such times and in such offices and places as Lender may deem appropriate,any and alI such mortgages,deeds of trust,security deeds,security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may,i�the sole opinion ofi Lender,be necessary or desirable in ortler to effectuate,complete, perfect,continue,or preserve (t) Trustor's obligations under the Credit Agreement,this Deed of Trust,and the Related Documents, and (21 the liens and security interests created by this Deed of Trust on the Property, whether now owned or hereafter acquired by Trustor, Unless prohibited by law or Lender agrees to the contrary in writing,Trustor shall reimburse Lentler for all costs and experues incurred in connection with the matters referred to in this paragraph. Attorney-in-Fact. If Trustor fails to do any of the tfiings refetred to in the preceding paragraph,Lender may do so for antl in the name of Trustor and at Trustor's expense. For such purposes,Trustor hereby irrevocably appoints Lender as Trustor's attorney-in-fact for the purpose of making,executing,delivering,filing,recording,and doing ail other things as may be necessary or desira6le, in Lender's sole opinion,to accomplish the matters referred to in the preceding paragraph. FULL PERFORMANCE. If T�ustor pays all the Indebtedness when due,terminates the credit line account,and otherwise performs all the obligations imposed upon Trustor under this Deed of Trust,Lender shall ex2cute and deliver to Trustee a request for full reconveyance and shall execute and detiver to Trustor suitable statements of termination of any - financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by Iaw shall be paid by Trustor,if permitted 6y applicable law. EVENTS OF�EFAULT. Trustor will be in default under this Deed of Trust if any of the following happen: (A) Trustor commits freud or makes a material misrepresentation at any time in connection with the Credit Agreement. This can include, for example, a false statement a6out Trustor's income, assets, liabilities, or any other aspects of Trustor's financial condition. (B) Trustor does not meet the repayment terms of the Credit Agreement. fC{ Trustor's action or inaction adversely affects the collateral or Lender's rights in the collateral. This can indude,for example,failure to maintain required insurance,waste or destructive use of the dwelling,failure to pay taxes,death of all persons liable on the accounL transfer of title o� sale of the dwelling, creation of a senior lien on the dwelling without Lender s permission,foreclosure by the holder of another lien,or the use of funds or the dwelling for prohibited purposes. RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust,at any time thereafter, Trustee or Lender may exercise any one or more of the following rights and remedies: Acceleration Upon Default;Additional Remedies. If any Event of Default occurs as per the terms of the Credit Agreement secured hereby,Lender may declare all Indebtedness secured by this Deed of Trust to 6e due and payable and the same shall thereupon become due and payable without any presentment,demand,protest or ❑otice of any kind. Thereafter,Lender may: (a) Either in person or by agent, with or Without biinging any action or proceeding., or by a receiver appointed by a court antl without regard to the adequacy of its security;enter upon and take possession of the Property,or any part thereof,in its own name or in the name of Trustee,antl do any acts which it deems necessary or desirable to preserve the value,marketability or rentability of the Property,or part of the Property or interest in the Property;increase the income from the Property or protect the security of the Property; and, with or without taking possession of the Property, sue for or otherwise collect the rents,issues and profits of the Property,induding those past due and unpaid,and apply the same,less costs and expenses of operation and collection attorneys'fees,to any indebtedness secured by this Deed of Trust,alI in such order as Lender may determine. The entering upon and taking possession of the Property, the coilection of such rents, issues and profits, and the application thereof shall not cure or waive any default or notice of default under this Deed of Trust or invalidate any act done in response to such default or pursuant to such notice of default;antl,notwithstanding.the continuance in possession of the Property or the collection, receipt and application of rents; issues or profits,Trustee or Lender shall be entitled to exercise every right provided for in the Credit Agreement or the Related Documents or by Iaw upon the occurrence of any event of default,including the right to exercise the power of sale;