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201208126
<br /> DEED OF TRUST
<br /> Loan No: 872058755 (C0lltlnued) �age 4
<br /> the Real Property. Trustor shall reimburse Lender for all taxes; as described below, together with all expenses
<br /> incurred in tecording, perfecting or contirtuing this Deed of Trust, including without lim�itation all taxes, fiees,
<br /> documentary stamps, and other charges for recording or registering this Deed of Trust.
<br /> Taxes. The following s.hall consti2ute taxes to which this section applies: (1) a specific tax upon this type ofi
<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 /> Trustor which Trustor is authorized or req�uired to deduct from payments on the Indebtedness secured by this type
<br /> of Deed of Trust; (3) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Credit
<br /> Agreement; and (4) a specifiic tax on all or any portion ofi the Indebtedness or on. payments of principal and
<br /> interest made by Trustor.
<br /> SubsequenY Taxes. If any tax to which tnis section applies is enacted subsequen[ 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 /> availabie remedies for an Event of Default as provided below unless Trustor either (7) pays ihe iax before it
<br /> becomes delinquent, or (2) contests th�e tax as provided above in the Taxes antl Liens section and deposits with
<br /> Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender.
<br /> SECURITY AGREEMENT; FINANCING STATEMENTS_ The fo4lowing provisions relating to this Deed of Trust as a
<br /> security agreement are a�part of tnis Deed of Trust:
<br /> Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the �roperty
<br /> constitutes fixtures, and Lender shail have all of the rights of a secured party under the Uniform Commercial Code
<br /> as amended from time to tim�e.
<br /> Security Interest. Upon request by Lender, Trustor shall take whatever action is requesied by Lende�r io perfect
<br /> and continue LendeYs 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 authorization firom Trustor, file executed�
<br /> counterparts, copies or reproductions of this Deed of Trust as a financing statement. Trusior shall reimburse
<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 the Property in a manner and at a place reasonably convenient to Trustor and
<br /> Lender and make �t available to Lender within three (3) days after receipt of written demand frnm Lender to the
<br /> extent permitted by applicable law.
<br /> Addresses_ The mailing addresses of Trustor (debtor) and Lender (secured party) from whicn information
<br /> concerning the security interest granted by this Deed of Trust may be obtained (each as required by the Uniform
<br /> Commercial Code) are as stated on the first page of this Deed of Trust.
<br /> FURTHER ASSURANCES; ATTORNEV-IN-FACT. The following provisions relating to further assurances and
<br /> attorney-in-fact are a part of this Deed ofi Trusi:
<br /> Further Assurances. At any time, and firom time to time, upon request of Lender, Trustor will make, execute and
<br /> deliver,or will cause to be made, exe�cuted or delivered, to Lender or to Lender's designee, and when requested by
<br /> Lender, cause to be filed, recorded, refiiied, 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, fiinancing statements, continuation statements, instruments of further assurance, certificates, and
<br /> other docurnents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete,
<br /> perfect, continue, or preserve (1) TrustoPs obligations under the Credit Agreement, this Deed ofi Trust, and the
<br /> Related Documents, and (2) the liens and security interests created by this Deed ofi 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 refeYred
<br /> to in this paragraph.
<br /> Attorney-in-Fact_ Ifi TrusYor fails to do any of the things refierred to in the p�eceding paragraph, Lender may do so
<br /> for and in ihe name of Trustor and at Trustor's expense. For such purposes, Trusior hereby irrevocably a.ppoi�nts
<br /> Lender as Trustor's aYtorney-in-fact fior tne purpose of making, executing, delivering,fiiling, 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 PERFORMANCE. If Trustor pays all the Indebtedness when due,terminates the credit line account, and otherwise
<br /> performs all the obligations imposed upon Trustor under this Deed of Trust, Lender shall execute and deFiver to Trustee
<br /> a request for full reconveyance and snall execute and deliver to Trustor suitable statements of termination of any
<br /> financing statement on file evidencing Lender's security interest in tF�e Rents and the Personal Property. Any
<br /> reconveyance fee required by law shall be paid by Trustar,if permitted by applicable law.
<br /> EVENTS OF DEFAULT. Trustor will be in default under this Deed of Trust ifi any of the following happen: (A) Trustor
<br /> commits fraud or makes a material misrepresentation at any time in connection with the CPedit Ag�eement. This can
<br /> include, for example, a false statemeni about Trustor's income, assets, liabilities, or any othe� aspects of 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 affects the collateral or Lender's rights in the coilateraL. This can include, for example, failure to
<br /> maintain required insurance, waste or destructive use of the dwelling,fai.lure to pay taxes,death of all persons Biable on
<br /> the account, transfer of title or sale of the dwelling, creaiion of a senior lien on the dwelling without Lender's
<br /> permission,foreclosure by tfie holder of another lien,or the use of funds or the dwelling for prohibited purposes.
<br /> RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter,
<br /> Trustee or Lender may exercise any one or more of tne fioilowing rights and remed�ies:
<br /> Acceleration Upon Default;Additional Remedies. If any Event of Default occurs as per ihe terms ofi the Credit
<br /> Agreement sec.ured hereby, Lender may declare all Indebtedness secured by this Deed of Trust to be due and
<br /> payable and the same shall tnereupon become due and payable without any presentment, demand, protest or
<br /> notice of any kind. Thereafter, Lender may:
<br /> (a) Either in person or by agent> with or witnout bringing any action or proceeding, or by a receiver
<br /> appointed 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 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 tne Property or protect the security of
<br /> the Property; and, with or without taking possession ofi 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 operaiion and collection attorneys' fees,to�any indebtedness secured by tnis Deed
<br /> of Trust, all in such order as Lender may determine. The entering upon and taking possession of Yhe
<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 done in response to
<br /> such default or pursuant to such notice ofi defauli; and, notwithstanding the continuance in possession of
<br /> the Property or tlie collection, receipt and application of rents, issues or profits, Trustee or Lender shail
<br /> be entiiled 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 default, including the right to exercise the power of sale;
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