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201209482
<br /> DEED OF TRUST .
<br /> Loan No: 872058843 (C01'Itinued) Page 4
<br /> the Real Property. Trustor shall reimburse Lender for all taxes, as described below, together with all expenses
<br /> incurred in recording, perfecting oY continuing this Deed of Trust, inciuding without limitation all taxes, fees,
<br /> documentary stamps,and otner charges for recording or registering this Deed of Trust.
<br /> Taxes�. The following shall constitute taxes to which this se�ction 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 deduct from paymenYs 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 iax 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 the tax before it
<br /> becomes delinqueni, or (2) coniests the tax as provided above in the Taxes and Liens section and deposits with
<br /> Lender casn or a sufficient co�rporete surety bond or other security satisfactory to Lender.
<br /> SECU�RITY AGREEMENT; FINANCING STA'T.EMENTS. The following provisions relating to this Deed of Trust as a
<br /> security agreement are a part of this Deed of Trust:
<br /> Securety Agreement. This instrument shall constitute a Security Agteement to the extent any of the Property
<br /> constitutes fixtu�es, and Lender shafl have all ofi the rights 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 continua Lender's security interest in the Personal Property. In addition to recording this Deed ofi 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, T�ustor shall not
<br /> remove, sever or detach the Personal Property firom the Property. Upon default, Trustor sRall assemble any
<br /> Personal Property not affixed to tne Property in a manner and at a place reasonably convenient to Trustor and
<br /> Lender and make iY available to Lender within three (3) days after receipt of written demand from Lender to the
<br /> e�ctent permitted by applicable law.
<br /> Addresses. The mailing addresses of Trustor (debtor) and Lentler (secured party) from which information
<br /> concerning the security interest g�anted by this Deed of Ttust may be obtained (each as required by the Uniform
<br /> Commercial Gode) are as stated on the first page of this Deed ofi 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 wili make, execute and
<br /> deliver, or will cause to be made, executed or delivered, to Lendei or to Lender`s designee,and when requested by
<br /> Lender, cause to be filed, reco�ded, refiled, or rerecorded, as the case may be, at such times and in such offices
<br /> and places as Lender may deem approprlate, any and all such mortgages, deeds of trust, security deeds, security
<br /> agreements, fiinancing statements, continuation statements, instruments of further assurance, certificates, and
<br /> other docurnents 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 inte�.rests c�eated by this Deed of Trust on the 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 i�n connection with Yhe matters referred
<br /> to in this paragraph�.
<br /> Attorney-in-Fact. If Trustor fails to do any of the things refer�ed to in the preceding paragraph, Lender may do so
<br /> for and in the name of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints
<br /> Lender as Trustor's attomey-in-fact fo�the purpose of making, executing, del�iveri�ng, 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 TrusYor pays all the Indebtedness when due,terminates the credit line a�ccount, 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 fiile evidencing LendePs security interest in the Rents and the Personal Property. Any
<br /> reconveyance fee tequired by law shall be paid by Trustor,if permitted by applicable law.
<br /> EVENTS OF DEFAULT. Trustor wilf� be in 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 fialse statement about TrusYor's income, assets, liabilities, or any other aspects of Trustor's
<br /> financial condiiion. (B) Trustor does not meet the repayment terms of the Credit Agreement. (C) Trustor's action or
<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 or destructive use of the dwelling, failure to pay taxes, deatn of all persons Iiable 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 ofi funds or the dwelling fior prohibited purposes.
<br /> RIGHTS AND REMEDIES ON�DEFAULT. ff an Event ofi Defauli occurs under this Deed of 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 /> Agreeme�nt 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 without tegard to tne ad�equacy 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, marketabi�lity or rentability of the Property, or pari 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 ofi ihe 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 /> cbsts and expenses of operation and collection attorneys' fees,to any indebtedness secuYed 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 sucn rents, issues and profits, and the application thereof shall 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 pursuant to such notice of default; and, notwithstanding the continuance in possession of
<br /> the Prope�rty or the collection, receipt and application of rents, issues or profits, Trustee or Lender shall
<br /> be entitled to exercise every right provided for in the Credit Agreement or the Relaied 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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