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201208459
<br /> DEED OF TRUST
<br /> Loan No: 872058721 (Continued) Page 4
<br /> Current Taxes, Fees and Charges. Upon request by Lender, Trustor shall execute such documents in addition to
<br /> tnis Deed ofi Trust and take whatever other action is requested by Lender to perf�ct and continue Lender`s lien on
<br /> the Real 'Property. Trustor shall reimburse Lender for all taxes, as desctibed below,. together with all expenses
<br /> incurred in recording, perfecting or continuing tnis Deed of Trust, including without limitation all taxes, fees,
<br /> cfocumentary stamps, and other charges for recording or registering this Deed of Trust.
<br /> Ta�ces_ The foliowing shall constitute taxes to which this section applies� (9) a specific tax upon this type of
<br /> Deed of Trust or upon all or any part of tne Indebtedness secured by this Deed of Trust; (2) a specific tax on
<br /> TrusYor which Trustor is authorized or requi.red to deduct from payments on the Indebtedness secured by this type
<br /> of Deed of Trust; (3) a tax on tnis type ofi Deed of Trust chargeable�against the Lender or the holder of the Credit
<br /> Agreement; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and
<br /> interest made by Trustor.
<br /> Subsequent Taxes_ PF any tax to which this section appties is enacted subsequent to the date of this Deed of
<br /> Trust, this event shali have tne same effect as an Event of Default, and Lender may exercise any or all of its
<br /> available remedies fior an Event oi Default ds 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 bond or other security satisfactory to Lender.
<br /> SECURITY AGREEMENT: FINANCING STATEMENTS. The foilowing provisions relating to this Deed ofi Trust as a
<br /> security agreement are a pari of this Deed of Trust:
<br /> Security Agreement. This i�nstrument shall cons�titute a Security Agreement to the e�c[ent 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 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 ofi Trust in the
<br /> real property records, Lender may, at any time and. without further authorization from Trustor, file executed
<br /> counterparts, copies or reproductions of this Deed ofi TrusT as a financing statem.ent. Trustor shall reimburse
<br /> Lender for all expenses incurred in perfecting or continuing this security interest. Upon defiault, 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 reasonabiy 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 appticable iaw.
<br /> Addresses. The maiiing addresses of Trustor (debtor) and Lender (secured party) from which information
<br /> concerning the security interest granted by this Deed of Trust may be obtained (each as required by the Uniform
<br /> Commercial Gode) are as stated on the 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 this Deed of Trust:
<br /> Further Assurances. At any time, and irom time to time, upon req.uest of Lender, Trustor will make, execute and
<br /> deliver, or wili cause to be made, executed or defivered,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 sucFi ofifices
<br /> and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security
<br /> agreements, financing sTatements, continu:ation statements, instruments of further assurance, certificates, and.
<br /> other documents as may, in the sole opinion of Lender, be necessary or desirable in order to efifiectuaie, compfete,
<br /> perfect, continue, or p�reserve (1) Trustor's obligations under the Credit Agreement, this Deed of Trust, and the
<br /> Related Documents, and (2) the liens and security interests created by this Deed of Trust on the Property,
<br /> whether now owned or hereafier acquired by Trusto�r. Unless prohibited by law or Lender agrees to the contrary in
<br /> writi.ng, Trustor sf�all reimburse Lender for all costs and expenses incurred in connection with the matters referred
<br /> to in this paragraph.
<br /> Attorney-in-Fact_ If Trustor fails to do any of the things refarred to in the preceding paragraph, Lender may do so
<br /> for and in tne name ofi Trustor and at Trustor's expense. For s:uch purposes, Trusior hereby irrevocably appoints
<br /> Lender as Trustor's attorney-in-fact for the purpose of making, executing, delivering, filing, recording, and doing all
<br /> otner tnings as may be necessary or desirable, in Lender's sole opinion, to accomplish tne 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 deliver to Trustee
<br /> a request for full reconveyance and shall execirte and deliver to Trustor suitabie. statemenis of termination of any
<br /> rinancing statement on file evidencing Lender`s security interest in the Rents and the Personal Ptoperty. Any
<br /> reconveyance fee required by iaw shall be pai.d by Trustor, if permitYed by applieable law.
<br /> EVENTS OF DEFAULT. Trustor will be in.defiault under this Dee<i of Trust if any of Yhe following happen- (A) Trustor
<br /> commits fraud or makes a material misrepresentati�.on at any time in connection with the Credit Ag�eement. This can
<br /> include, for example, a false s�tatement about Trustor's income, assets, liabilities, or any other aspects of Trustor's
<br /> financial condition. (B) Trustor does not meet the repayment tetms ofi the Credit Agreement (C) Trustor's act�on or
<br /> inaction adversely afiFects 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 io pay taxes, death of all persons liable on
<br /> the account, transfer of title or sale of the dwelling, creation of a senior lien on the dwelling without Lender's
<br /> permission,foreclosure by the holder of another lien,or the use ofi funds or the dwelling for prohibited purposes.
<br /> RIGHTS AND REMEDIES ON DEFAULT. If an Event of DefaulY occurs under this Deed of Ttusi, at any time thereafter,
<br /> Trustee or Lender may exerdse any one or more of the following rights and'remedies:
<br /> Acceleration U.pon Default:Additional Remedies. !f any Event of Default occurs as per the terms of the Credit
<br /> Agreement secured t�ereby, Lender may dedare all indebtednes5 secured by this Deed ofi Trusi io be due and
<br /> payable and the same shall thereupon become due and payable without any presentment, demand, p�rotest or
<br /> notice of any kind�. Thereafter, Lender may:
<br /> (a) Eitfier in person or by agent, with or without bringing any action or proceed�ing, or by a receiver
<br /> appointed by a court and witnout 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, marketability or rentability of tMe Property, or part of
<br /> the Property or interest in the Property; inc�ease the income from the Property or protect the seeurity of
<br /> Yhe Property; a�nd, with or without taking possession of the Property, sue for or otherwise collect the
<br /> rents, issues and proffts of the Property, including those past due and unpaid, and appiy the same, iess
<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 takina possession of the
<br /> Property, the coilect'son ofi such rents, issues and profits, and the application tnereof sinali not cure or
<br /> waive any default or notice of default under this Deed of�Trust or invalidate any act done in tesponse to
<br /> such default or pursuaM to such noYice oi default; and, notwithstand-ing the continuance in.possession of
<br /> the Property or the collection, receipt and application ofi rents, issues or profifs, Trustee or Lender shall
<br /> be entitied to exerciSe every right provided for in the Credit Agreement or the Related Documents or by
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