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201207520
<br /> DEED OF TRUST
<br /> Loan No:872058747 (Continued) Page 4
<br /> Borrower which Borrower is authorized or required to deduct from payments on the Indebtedness secured by this
<br /> type of Deed of 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 or on payments of principal and
<br /> interest made by Borrower.
<br /> Su6sequent Taxes. If any tax to which this section appfies is enacted subsequent to the date of this Deed of
<br /> Trust, this event shall have the same effect as an Event of Defauft,. and Lender may ezercise 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 above in the Taxes and Liens section and deposits with
<br /> Lender cash or a sufficient corporate surety bo�d or other securiry 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 eMent 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 fime.
<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 Properry. In addition to recording this Deed of Trust in the
<br /> real property records, Lender may, at any time and without further authorization firom Trusto�, file executed
<br /> counterparts, copies or reproductions of this Deed of Trust as a financing statement. Trustor shall reimburse
<br /> Lender for all expe�ses incurred i�perfecting or continuing this securi'ry interest. Upon default,Trustor shall not
<br /> remove, sever or detach the Personal Property from the Property. Upon default, Trustor shall assemble any
<br /> Personal Property not affixed to ihe Property in a manner and at a place reasonably convenient to Trustor and
<br /> Lende�and make it available to Lender within three {3) days after receipt of written demand from Lender to the
<br /> eutent permitted by applicable law. �
<br /> Addresses, The mailing addresses of Trustor (debtor) and Lender (secured party) from wh[ch information
<br /> concerning the security interest granted by this Deed of Trust may be olitained (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 assurences 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,antl when requested by
<br /> Lender,cau5e 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 trust;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,6e necessary or desirable in order to effectuate,complete,
<br /> perfect,continue,or preserve (1) Borrower's and Trustor's obligations under the Credit Agreement,this Deed of
<br /> Trust,and the Related Documents,and (2) the liens and secunty interests created by this Deed of Trust as first
<br /> and prior liens on the Property,whether now owned or hereafter acquired by Trustor. U�nless prohibited by law or
<br /> Lender agrees to the contrary in writing, Trustor shall reimburse Lender for aIl costs and expenses incurred in
<br /> connection with the matters referred to in th.is 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,deliveri.ng,filing,recording,and doing all
<br /> other things as may he necessary or desirable; in Lender's sole opinion,to accomplish the matters referred 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 fhe obligations imposed upon Trustor under this Deed of Trust,Lender shalt execute
<br /> and deliver to Trustee a request for full reconveyance and shall execute and deliver to Trustor suitatile statements of
<br /> te�mination of any financing statement on file evidencing Lender's security interest in the Rents and the Perso�al
<br /> Property. Any reconveyance fee required by law shall 6e paid 6y Trustor,if permitted by applicable law.
<br /> EVENTS OF�EFAULT. Trustor will be in default 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 /> indude,for example,a false statement about Borrower's or Trustor's income,assets,Iiabilities,or any other aspects of
<br /> Borrower's or Trustor's financial condition. IB) Borrower does not meet the repayment terms of the Cretlit 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 tares,death of
<br /> all persons liable on the account, transfer of titie 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 ANA REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust,at any time Yhereafter,
<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 payabie wiihout any presentment,demand,protest or
<br /> notice ofi any kind. Thereafter,Lender may:
<br /> (a) Either in person or by agent, with or vdithout bringing any action or proceeding, or by a receiver
<br /> appointed 6y 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 iis 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 Proper[y; and, with or without taking possession of the Property, sue for or ocherwise 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 a�y 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 /> 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 Propetty 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 /> law upon the occurrence of any event of tlefzult,including the right to exercise the power of sale;
<br /> (b) Commence an action to foreclose this Deed of Trust as a mortgage,appoint a receiver or specifically
<br /> enforce any of the covenants hereof;and
<br /> (c) Deliver to Trustee a written decla�ation of default 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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