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201209367
<br /> DEED OF TRUST
<br /> Loan No: 872058835 (Gontinued) Page 4
<br /> Borrower which Borrower is authorized or required to deduci from payments on the Indebtedness secured by this
<br /> type of Deed of Trust; (3) a tax on Yhis type of Deed of Trust chargeable against the Lender or the holder of the
<br /> Gedit Agreement; and (4) a specifiic tax on aIl or any portion of the Indebtedness or on payments of principal and
<br /> interest made by Borrower.
<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 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 (1) pays tne tax befiore 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 sufificient corporate surety bond or bther security satisfiactory to Lender.
<br /> SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed ofi Trust as a
<br /> secutity 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 /> constitutes fi�ctures, and Lender shall have all of the rights ofi a secured party under tne Unifiotm 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 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 Yhis security interest_ Upon default, 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 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 Iaw:
<br /> Addresses, The mailing. addresses ofi Trustor (debtor) and Lender (secured party) firom which information
<br /> concerning the security interest granted by this Deed of Trust may be obtained (each as required by ihe Uniform
<br /> Gommercial Code) are as stated on the first page of this Deed of Trust.
<br /> FURTHER ASSURANCES: ATTOFiNEV-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, Trusto�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 such offices
<br /> and places as Lender may deem appro.priate, any and aIl such mortgages, deeds of trust, security deeds, security
<br /> agreements, financing statements, continuation statements, instruments of further assurance, certificates, and
<br /> oiheY documents as may, in ihe sole opinion of Lender, be necessary or desirable in order to effectuate, complete,
<br /> perfect, continue, or preserve (1) Borrower's and Trustor's obligations under the Credit Agreement, this Deed of
<br /> Trust, and the Related Documents, and (2) the liens and security interests created by this Deed of Trust as first
<br /> and prior liens on the Property, whefhe�now owned or hereafter acquired by Trustor. Unless prohibited by law or
<br /> Lender agrees to the contrary in writing, Trustor shall reimburse Lender for all costs and expenses incurred in
<br /> connection with the matters referred 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 ofi Trustor antl at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints
<br /> Lender as Trustor's attomey-in-fact for the purpose ofi making, executing, delivering, fiiling, recording, and doing all
<br /> other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the rnatters referred to in
<br /> the preceding paragraph.
<br /> FULL PERFORMANCE. If Borrower and Trustor pay aIl the Indebtedness when due, terminates the credit line account,
<br /> and Trustor otherwise performs all the obligations imposed upon Trustor under this Deed of Trust, Lender shall execute
<br /> and deliver to Trustee a request fior full recorneyance and shall execute and deliver to Trustor suita6le statements ofi
<br /> termination of a.ny financing statement on file evidencing Lender's securi'ty interesi in the Rents and the Personal
<br /> Property. Any reconveyance fee required by law shall be paid by Trustor, if permitted by applicab�le law.
<br /> EVENTS OF DEFAULT. Trustor wi�ll be in default unde:r this Deed of Trust if any of the following happen: (A) Trustor
<br /> commits firaud or makes a material misrepresentation at any time in connection with the Credit Agreement. This can
<br /> include, for example, a false statement about Borrower's or TrusYor`s income,assets, liabilities, or any other aspects of
<br /> Borrower's or Trustor's financial condition. (B) Borrower does not meet the repayment terms of the Credit Agreement.
<br /> (C) Trustor's action or inaction adversely affects the collateral or Lender's rights in the collateraL This can include, for
<br /> example, failure to maintain required insurance, waste or destructive use of the dwelling, fiailure to pay taxes, death of
<br /> all persons liabie on the account, transfer of title or sale of the dwelling, creation of a senior lien on the dwelling
<br /> without LendePs permission, foredosure by the holder of another lien, or the use of funds or tne dwelling for prohibited
<br /> purposes.
<br /> RIGHTS AND REMEDIES ON DEFAULT_ If an Event of Default occurs under this Deed of Trust, at any time tnereafter,
<br /> - Trustee or Lender may exercise any one or more of the following rights and remedies:
<br /> Acceleration U�pon Default:Additional Remedies. If any Event ofi Default occurs as per the te�ms 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 mayr
<br /> (a) Either in person or 6y agent, with or without bringing 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 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 without taking possession of the Property, sue for or otherwise collect the
<br /> rents, iss�ues and profits of the Property, including those past due and unpaid, and apply 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 taking possession of the
<br /> Property, the collection of such rents, issues and profits, and the application thereof shall not cute or
<br /> waive any default or noti�ce of defa.ult 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 i.n possession of
<br /> the Property or the collection, receipt and application of rents, issues or profiits, 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,induding the right to exercise the power of sale;
<br /> (b) Commence an action to foredose this Deed of Trust as a mortgage, appoint a receiver or specifiica.11y
<br /> enforce any of the covenants hereof; and
<br /> (c) Deliver to Trustee a written declaration.of default and demand fior sale and a written notice�of default
<br /> and election to cause Trustor's interest in tne Property io be sold,which notice Trustee shall cause to be
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