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201207795
<br /> DEED OF TRUST
<br /> Loan No: 872058763 (Continued) Page 4
<br /> this Deed of Trust and iake whatever other action is requested by Lender to perfect and continue Lender's lien on
<br /> the Real Property. Trustor shall reimburse Lender for all taxes, as described below, together with alI 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 this Deed of Trust.
<br /> Taxes. The following shall constitute taxes to which this section applies: (7) a specific tax upon this type of
<br /> Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on
<br /> � Trusior which Trustor is author"ized or required to deduct firom payments on the Indebtedness secured by tnis type
<br /> of Deed of Trust; (3) a tax on this type of Deed of Trust chaYgeable against the Lender or the holder of the Credit
<br /> Agreement; and (4) a specific tax on alI or any portion of the Indebtedness or on payments of principal and
<br /> inte�est made by Trustot.
<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 e#ect as an Event of Defiault, and Lender may exercise any or all of its
<br /> available remetlies for an Event of Default as provided below unless Trustor either (1) pays the tax before it
<br /> � becomes delinquent, or (2) coniests the tax as provided above in the Taxes and Liens section and deposits with
<br /> Lender cash or a sufificie:nt corporate surety bontl or other secu�ity satisfactory to Lender.
<br /> SECURITY AGREEMENTt FINANCING STATEMENTS. The fiollowing 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 extent any of the Property
<br /> constitutes fiMures, and Lender shall have all of the rights ofi a secured party under the�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 secu�ity interest in the Personal Property. In addition to recording this Deed of Trust in the
<br /> real prope�ty records, Lender may, at any time and without fur[her authorization from Trustor, file executed
<br /> counterparts, copies or reproductions of this Deed of Trust as a fiinancing statement. Trustor shall re�imburse
<br /> Lender for all expenses incurred in perfecting or continuing this security 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 tne 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 ihe
<br /> extent permitted by applicable law.
<br /> Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) firom which information
<br /> concerning the security interest granted by this Deed of Trust may be obtainetl (each as required by the Unifo�m
<br /> Commercial Code) are as stated on the first page ofi this Deed of Trust.
<br /> FURTHER ASSURANCES: ATTORNEY-IN-FACT. The following provisions telating to further assurances and
<br /> attorney-in-fact are a part of this Deed of Trust:
<br /> Further Assurances. 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 trust, security deeds, security
<br /> agreements, financing sYatements, continuation statements, instruments of further assura:nce, 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) Trustor's obligations under the Credit Agreement, this Deed ofi Trust, and the
<br /> Related Documents, and (2) the liens and security interests created 6y this Deed of Trust on the Property,
<br /> whether now owned or hereafter acquired by Ttustor. 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 witn the matters referred
<br /> to in this paragraph.
<br /> Attorney-in-Fact_ If Trustor fails to do any of the ihings referred to in the preceding paragraph, Lender may do so
<br /> for and in the name of Trustor and at Trusto�'s expense. For such purposes, Trustor hereby irrevoca:bly a�ppoints
<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 referred to in
<br /> the preceding paragraph.
<br /> FULL PERFQRMANCE_ If Trustor pays all the Indebtedness when due,terminaYes the credit line account, and otherwise
<br /> performs all the obligations imposed upon Trustor under this Deed of Trust, Lender snall execute and deliver to Trustee
<br /> a request for full reconveyance and shall execute and deliver to Trustor suitable statements ofi 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 Trusto�, if permitted by applicable law.
<br /> EVENTS OF DEFAULT. Trustor will be in default undeP this Deed ofi Trust if any ofi the fiollowing happen: (A) Trustor
<br /> commits fraud or makes a maierial misrepresentation at any time in connection with the Credit Agreement. This can
<br /> include, for example, a false statement about Trustor's income, assets, liabilities, or any other aspects ofi Trustor's
<br /> financial condition. (B) Trustor does not meet the repayment terms of the Credit Agreement. (C) Trustor's action or
<br /> inaction adversely affecis the 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 all persons liable on
<br /> the account, transfer of title or sale of the dwelling, creation of a senio� lien on the dwelling without Lender's
<br /> permission,foreclosure by the holde�of another lien, or the use of funds or the dwelling for prohibited purposes.
<br /> RIGHTS AND REMEDIES ON DEFAULT. If an Event ofi Default occurs under this Deed of TrusY, at any time thereafter,
<br /> Trustee or Lendet 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 2erms 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 payable without any presentment, demand, protest or
<br /> notice of any kind. Thereafter, Lentler 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, marketa6ility 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 tne 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 /> Property, the collection of such rents, issues and profits, and the application thereof shall not cure or
<br /> waive any default or notice of defiault under this Deed of Trust or invaiidate any act done in response to
<br /> such default or pursuaM 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, T�ustee or Lender shall
<br /> be entitled to exePcise every right provided for in the Credit Agreement or tne Related Documents or by
<br /> law upon the occurrence of any event of defauk, induding the right to exercise the power of salej
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