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201209308
<br /> DEED OF TRUST
<br /> Loan No: 872058851 (COntinued) Page 4
<br /> this Deed of Trust and take whatever other action is�equested by Lender to perfect and continue Lender's lien on
<br /> the Real Property. Trustor shall reimburse �ender for all taxes, as described below, iogether with all expenses
<br /> incurred in recording, perfecting or continuing this Deed of Trust, including without Iimitation all taxes, fees,
<br /> documentary stamps,and other charges fior recording or registering this Deed of Trust.
<br /> Taxes. The following shall constiture taxes to whi�ch this section applies: (1) a specific tax upon this type of
<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 required to deduci from payments on the 4nde�btedness.secured by ihis 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 ofi principal and
<br /> interest made by Trustor.
<br /> Suhsequant Taxes. If any tax to which this section applies is enacted subsequent 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 /> available remedies for an Event of Default as provided below unless Trustor either ('I) 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 corporete surety bond or other security satisfactory to Lender.
<br /> SECURITY AGREEMENT: FINANCING STATEMENTS. The following p�ovisio�ns 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 ofi tne Property
<br /> constitutes fixtures, and Lender shall have afl of the rights of a secured party under the Uniform Commercial Code
<br /> as amended from time to time.
<br /> Security Interest. Upon Yequest 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 additio�n 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. Upon default, Trustor shall not
<br /> remove, sever or detach the Personal Property from the Property. Upon defauk, Trustor shall assemble any
<br /> Personal Property not affixed to tMe Property in a manner and at a place reasonably convertient to Trustor and
<br /> Lender and make it available to Lender within three (3D days afte�r receipt of written demand from Lender to the
<br /> extent permitted by applicable law.
<br /> Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) firom which information
<br /> concerning the security interest granted by tnis 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 p�ovisions reFating to further assurances and
<br /> attomey-in-fa:ct are a part of this Deed of Trust:
<br /> Further Assurances. At a.ny time, and from time to time, upon request of Lentler, Trustor will rnake, 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 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, inst�uments of further assurance, certificates, and
<br /> other documents as rnay, in the sole opinion of Lender,be necessary or desirable in order to effectuate, com�plete,
<br /> perfect, continue, or preserve (9) Trustor's obligations under the Credit Agreement, ihis Deed ofi Trust, and the
<br /> Related Documents, and (2) tne liens and security interests created by this Deed of Trust on the Property,
<br /> whether now owned or hereafter acquired by Trustor_ Urtless prohibited by Iaw or Lender agrees to the contrary in
<br /> writing,Trustor shall reimburse Lender fot 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, Trustor hereby irrevocably appoints
<br /> Lende�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,terminaYes the cred:it line account, and otherwise
<br /> performs all the obligations imposed upon Trustor under th�is Deed of Trust, Lender shall execute and deliver to Trustee
<br /> a request fior full reconveyance and shall execute and defiver to Trustor suitable statements of termination of any
<br /> financing statement on fiile evidencing Lender's security interest in the Rents and ihe Personal Property. Any
<br /> reconveyance fee required by law shall be paid by Trustor,if permitted by applicable law.
<br /> EVENTS OF DEFAUtT. Trustor wi:ll be in default under ihis Deed of Trust if any of the following happen: (A) Trustor
<br /> commits fraud or makes a material misrepreseniation at any iime in connection with the Credit Agreement This can
<br /> include, for example, a false statement about Trustor's income, assets, liabilities, or any other aspects of Trustor's
<br /> financial condition. (B) Trustor does not meet the repayment terms of the Credit Agreement. (C) Trustor's action ot
<br /> inaction adversely affects the collateral or Lender's rights in the collateral. This can include, for example, failure to
<br /> maintain required insurance, waste o�destructive use of the dwelling, failure to 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 of funds or the dwelling for prohibited purposes.
<br /> RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs unde�r Ynis Deed ofi Trust, at any time thereafter,
<br /> Trustee or Lender may exercise any one or more of the following rights and remedies:
<br /> Acceleration Upon Default;Additional 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, Lende�may:
<br /> (a) Either in person or by agent, with o� without b�inging any action or proceeding, or by a receiver
<br /> appointed by a court and without 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 tne Property, or part of
<br /> the Property or interest in the Property; increase the income from the Prope�ty or protect the security ofi
<br /> Yhe 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 operation and collection attomeys' fees,to any indebtedness secured by this Deed
<br /> of Trust, all in such order as Lender may determine. The enteri�ng upon and taki�ng possessio�n of the
<br /> Property, the collection ofi such rents,. issues and profits, and the application thereof shall not cure or
<br /> waive any default or notice ofi default under this Deed of Trust or invalidate any act done in response to
<br /> such default or pursuant to such noYice of default; and, notwithstanding the continuance in possession of
<br /> the Proper[y o�the collection, receipt and applicaYion ofi rents, issues or profits, Trustee or Lender shall
<br /> be entitled 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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