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201208585 DEED OF TRUST Loan No: 872058797 (COntinued) Page 4 the Real Property. Trustor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfiecting or continuing this Deed o4 Trust, indudi.ng wiYhout limitation all taxes, fees, documentary stamps,and other charges for recording or registering this Deed of Trust. Taxes. The following shalt constitute taxes to which Yhis section applies: ("i) a specific tax upon this type of Deed of Trust or upon aIl or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Trustor which Trustor is authorized or required to deduct from payments o��n the Indebtedness secured by this type of Deed of Trust; (3) a tax on tnis type of Deed of Trust chargeable against the Lender or the holder of the Cred:it Agreement; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interesi made by Trustor. Subsequent Taxes_ If any tax to which this section applies is enacted subsequent to the date of this Deed ot Trust, this event shall have tne same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event ofi Default as provided below unless Trustor either (7) pays the tax before it becomes deli.nquent, or (2) contests tne tax as provided above in the Taxes and Liens seciion and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCWG STATEMENTS. The foilowing provisions relating to this Deed ofi Trust as a security agreement are a part ofi this Deed of Trust: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and iender shap have all of the rig�hts of a secured party under tne Unifo�rm Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Trustor shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Personal Property. In addition to recording this Deed of Trust in the real property records, Lender may, at any time and without further authorization firom Trustor, file executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Trustor shall reimburse Lender fior all expenses incurred in perfecting or continuing this security interest Upon default,Ttustor shall not remove, sever or detach the Personal Property from the Property. Upon default, Trustor shail assemble any Personal Property not affixed to the Ptoper[y in a manner and at a place reasonably convenient to Trustor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted b�applicable law. Addresses. Tne mailing addresses of Trustor (debtor) and Lender (secured party) from whi�ch information concerning the security interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated on the fiirst page of this Deed of Trust. FURTHER ASSURANCES; ATTORNEY-IN-FACT. The fiollowing provisions relating io fiurther assurances and attorney-in-fact are a part of this Deed of Trust: Further Assurances. At any time, and from time to time, upon request ofi Lender, Trustor will make, execute and deliver, or will cause to be made, executed or delivered,to Lender or to Lender's designee, and whe�n requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at sucn times and in such offices and places as Lender may deem appropriate, any and aII such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, i.nstruments ofi further assurance, certifi.cates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Trustor's obligations under tne Credit Agreement, this Deed of Trust, and the Related Documents, and (2) the liens and security interests created by this Deed of Trust on tihe Property, whether now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees Yo the contrary in writing, Trusior shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in ihis paragraph. AYtorney-in-Fact. if Trustor fails to do any of the things referred to in the precetling paragraph, Lender may do so for and in the name of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints Lender as Trustor's attorney-in-fact for the purpose of making, executing, delivering, fiiling, recording, and doing all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred io in the preceding paragraph. FULL PERFORMANCE. If Trustor pays aIl tne Indebtedness when due,terminates the credit line account, and otherwise performs all the obligations imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and snal� execute and deliver to Trustor suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by law shall be paid by Trustor,if permitted by applicable law. EVENTS OF DEFAULT. Trustor will be in default under this Deed of Trust ifi any of the following happen: (AD Trustor commits fraud or makes a material misrepresentation at any time in connection with the CYedit Agreement. This can include, for example, a false statement about Trustor's income, assets, Iiabilities, or any other aspects of Trustor's financial condition. (B) Trustior does not meet the repayment terms of the Credit Agreement_ (C) TrustoPs action or inaction adversely affects the collateral or Lender s rights in the collateral. This can include, for example, failure Yo maintain required insurance, waste or destructive use of the dwelling,failure io pay taxes, death ofi all persons liable on the account, transfer of title or sale of the dwelling, creation of a senior lien on the dwelling without Lender's perrnission,foreclosure by the holder of another Iien, or the use of funds or the dwelling for prohibited purposes. RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender may exercise any one or more of the following rights and remedies: Acceleration Upon Default;Additional Remedies. Ifi any Event of Default occurs as per the terms of ihe Credit Agreement secuced hereby, Lender may declare all Indebtedness secured 6y this Deed of Trust to be due and payable and the same shall thereupon become due and payable witnout any presentment, demand, protest or notice of any kind. Thereafter,LendeY may: (a) Either in person or by agenf, with or without bringing any action or ptoceeding, or by a receiver appointed by a couri and without regard to the adequacy of its security, enter upon and take possession of the Pro�per[y, or any part thereof, in its own name or in the name of Trustee, and do any a:cts which it deems necessary or desirable to preserve the value, marketability or rentability of the Property, or part of the Property or interest in the Property; increase the income from the Property or protect the security ofi the Property; and, with or without taking possession of the Property, sue for or otherwise collect the rents, issues and profits of the Property, including Yhose past due and unpaid, and apply the same, less costs and expenses of operation and collection attorneys'fiees,to any indebtedness secured by this Deed of Trust, all in such order as Lender may determine. The entering upon and taking possession of the Property, the collection of such rents, issues and profits, and the application thereof shal� not cure or waive any default or notice of defauli under this Deed of Trust or�invalidate any act done in response to such default or pursuant to such notice of default; and, notwithstanding the contiinuance in possession ofi the Property or the collection, receipt and application of rents, issues or profits, Trustee or Lender shall be entitled to exercise every�ight ptovided for in the Credit Agreement or the Related Documents or by law upon the occurrence of any event of default, including the right to exercise the power of sale;