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201208579
<br /> DEED OF TRUST
<br /> Loan No: 872058807 (Continued) Page 4
<br /> this Deed of Trust and take whatever other action is requestec9 by Lender to perfect and continue Lender's lien on
<br /> the Real Property. Trustor shall reimburse Lender ior all taxes, as described below, together with aIl expenses
<br /> incurred in recording, perfecting or continuing this Deed of Trust, including without limitation ali taxes, fiees,
<br /> documentary stamps, and other charges for recording or registering this Deed of Trusi.
<br /> Taxes. The following shall constitute taxes to which this section applies: ('I) a specific tax upon this Yype ofi
<br /> Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (2) a specifiic tax on
<br /> Trusto�which Trustor is authorized or required 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 specific tax on all or any portion of the Indebtedness or on payments of principal and
<br /> interest made by Trustor_
<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 shatl have the same effect as an Event of Default, and Lender may exercise any or all of its
<br /> available remedies for an Event of Default as provided below unless Trustor either ('I) pays the iax befiore it
<br /> becomes delinquent, or (2) cantests the tax as provided above in the Taxes and Liens section and deposits with
<br /> Lender cash or a sufi#icient corporete surety bond or other security satisfactory to Lender.
<br /> SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to tnis 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 /> constituies fixtures, and Lender shall have all ofi the rights of a secured party under the Uniform Commer¢ial 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 of Trust in the
<br /> real property records, Lende� may, at any time and without further authorization from Trustor, file executed
<br /> counte�parts, copies or reproductions of this Deed of Trust as a financing statement_ 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 deiach�the Personal Property from the Proper[y. 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 it available to Lender within three (3) days after receipt of written demand from Lender to the
<br /> extent permitted by applicable law.
<br /> Addresses_ The mailing addresses. of Trustor (debior) and Lender (secured party) from which information
<br /> conceming 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; 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 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 sucn offices
<br /> and places as Lender may deem appropriate, any and ali such mortgages, deeds of trust, security deeds, security
<br /> agreements, financing statements, continuation statements, instruments of furtner assurance, certificates, and
<br /> other documents as may, in the sole opinlon 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 �eed of Trust, and the
<br /> Related Documents, and (2) tne liens and security i:nterests created by this Deed of Trust on Yhe 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 referred
<br /> to in this 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 Trusior's expense. For such purposes, Ttustor hereby irrevocably appoints
<br /> Lender as Trusto�.r's attorney-in-fact fior the purpose of making�, executing, delivering; filing, recotding, and doing aIl
<br /> other things as may be necessary or desirable, in Lender's sole opinion, to accomplish ihe matters referred io in
<br /> the preceding paragraph.
<br /> FULL PERFORMANCE. If Trustor pays aII tne Inde6tedness when due, terminates the credit line accouM, 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 execute and deliver to Trustor suitable statements of termination of any
<br /> financing statement on file evidencing Lender's security interest in the ReMs and the Personal Property. Any
<br /> reconveyance fee required by law shall be paid by Trustor,if permitted by applicable law_
<br /> EVENTS OF DEFAULT. Trustor will be in defauit under this Deed of Trust if any of the following ha.ppen: (A) Trustor
<br /> commits fraud or makes a material misrepresentation at any time in connection with the Credit Agreement. This can
<br /> include, for example, a false statement about Trustor's income, assets, liabiliiies, or any other aspects of Trustor's
<br /> financial cond'ition. (B) Trustor does not meet the repayment terms of the Gredit Agreement. (C) Trustor`s action or
<br /> inaction adversely affects the collaieral or Lender's rights in the collateral_ This can include, for example, failure Yo
<br /> maintain required i�nsurance, wasie or destructive use ofi the dwelling, failute to pay taxes, death of all persons liable on
<br /> the account, transfer ofi title or sale of the dwelling, creation of a senior Fien on the dwelling without Lender's
<br /> permission,fioreclosure by the holder of another lien, or the use of funds or the dwelling for prohibiied purposes_
<br /> RIGHTS AND REMEDIE$ ON DEFAULT. If an Event of Default occurs under this Deed of Trusi, at any time thereafter,
<br /> Trustee or Lender may exercise any one ot more of the following rights and remedies:
<br /> Acceleration Upon Default:Additionaf 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 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 without bringing any action or proceeding;.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 Properiy, or any part thereof, in its own name oP in the name of Trustee, and do any acts wnicn it
<br /> deems necessary or desirable to preserve the value, marketability or rentability ofi 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 wi2hout taking possession of the Property, sue for or otherwise collect ihe
<br /> rents, issues and profiits of the Properfy, including those past due and unpaid, and apply the same, less
<br /> costs and expenses of o.peration and collection attomeys' 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. profiits, and the application thereof shaFl 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 putsuant to such notice of default; and, notwithstandi:ng Yhe continuance in possession of
<br /> the PropeRy or the collection, receipt and application of �ents, issues or profits, Trustee or Lender shall
<br /> be entitled to exercise every right provided fior 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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