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201208945
<br /> DEED OF TRUST
<br /> Loan No: 872058789 (Continued) Page 4
<br /> CurrenY Taxes, Fees and Charges. Upon request by Lende�r, Trustor shall execute such documents in addition to
<br /> this Deed of Trust and take whatever otner action is requested by Lender to perfect and continue Lender's lien on
<br /> the Real Property. Trustor shall reimburse Lender for alI taxes, as described below, together with alI expenses
<br /> incurred in recording, perfecting or continuing this Deed ofi Trust, indud�ing 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 Yaxes io which this section applies (1) a specific tax upon this type of
<br /> Deed of Trust or upon all or any part of the Indebtedness se�cured by this Deed of Trust; (2) a specific tax on
<br /> Trustor which Ttustor is authorized or requi�red to deduct from payments on the Indebtedness sscured by this type
<br /> of Deed of Trust; (3) a tax on this type of Deed of Trust chargeable against the Lentler or the holder ofi 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 macle by Trustor.
<br /> Subsequent Taxes. Ifi any tax to which this section applies is enacted subsequent to the date of ihis Deed of
<br /> Trust, this event shall have the same efifect 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 (1) pays the tax before it
<br /> becomes delinquent, or (2) contests the tax as provided above in the Taxes antl Liens section and deposits witn
<br /> Lender cash or a sufficient corporate sure'ty bond o�bther security satisfiactory to Lender.
<br /> SECURITY AGREEMENT; FINANCING STATEMENTS. The following 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 ofi the Property
<br /> constitutes fixtures, and Lender shall have all of the rignts 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 conti.nue Lender°s security interesY 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 from Trustor, file executed
<br /> counterparts, 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. U�pon defiault, Trustor shall not
<br /> remove, sever or detach the Personal Property from the Ptoperty. 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 ofi written. demand from Lender io the
<br /> ex[ent permitted by applicable law.
<br /> Addresses. The mailing addresses of Trustor (debtor) and Lende� (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 relaYing to further assurances and
<br /> attorney-in-fiact 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, o�will cause to be made, executed or defivered,to Lender or to Lender's tlesignee, 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 pfaces as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security
<br /> agreements, financing staYements, continuation 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 effectuate, complete,
<br /> perfect, continue, or preserve (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 as first and prior liens
<br /> on the Property, whether now owned or hereafter acquired by T�ustor. Unless prohibited by faw or Lender agrees
<br /> Yo ihe contrary i�writing, Trustor shall reimburse Lender for all costs and expenses incurred in connection with the
<br /> matters referred to in this paragraph.
<br /> Attorney-in-Fact. If Trustor#ails to do any of the things refierred to in the preceding paragraph, Lender may do so
<br /> for and Pn the name of Trustor and at Trustor'�s expense_ For such pu�poses, Trustor hereby irrevocably appoints
<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 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 execute and del�ive� to Trustor suitable statements of termination ofi 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 sha�ll be paid by Trustor,if permitted by applicable law.
<br /> EVENTS OF DEFAULT. Trustor will be en default under this Deed of Trust if any of the following happen: (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, liabilifies, or any other aspects of Trustor's
<br /> financial condition. (B) Trustor does not rneet the repayment terms of the Credit Agreement (C) Trustor s action or
<br /> inaction adversely affects the collateral or Lentler's righis in the collateral. This can include> for example, fa�ilure to
<br /> maintain required insurance, wasYe or destructive use of the dwelling,failure to pay taxes, death of all persons Fiable on
<br /> the account, transfer of title or sale of the dwelling, creation of a senior fien on tne dwelling without Lender's
<br /> permission, foreclosure by the holtler of another lien; or the use of fiunds or the dwelling fior pronibited purposes.
<br /> RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time the�eafter,
<br /> Trustee or Lender m�ay exercise any one or more of the following rights and remedies:
<br /> Acceleration Upon Default;Additional Remedies. If any Event ofi 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 ofi 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 without rega�rd to the adequacy of its security, e.nter upon and take possession
<br /> of the Property, or any part thereof, in its own name or in the name of TrusYee, 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 Properiy 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 ofi the Property, sue for or otnerwise collect the
<br /> rents, issues and profiits of the Properly, 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 tnis Deed
<br /> ofi Trust, all in such order as Lender may determine. The entering upon and taking possession o# the
<br /> Property, the collection ofi such rents, issues and profits, and the application thereof shall not cure or
<br /> waive any defiault or notice of defaulY under this Deed of Trust or invalidate any act done in response to
<br /> such default or pursuant to such notice of default; and, notwithstanding the continuance�in possession of
<br /> tne Property or the collection, receipt and application of rents, issues or profits, Trustee or Lender shall
<br /> be entiYled to exetcise every right provided for in the Credit Agreement or the Related DocumenYs or by
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