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201211098
<br /> DEED OF TRUST
<br /> Loan No: 872058923 (Continued) Page 4
<br /> the Real Property. Trustor snall reimburse Lentler for all taxes, as described below, together with all expenses
<br /> incurred in recording, perfecting or continuing this Deed of Trust, including without limitation all taxes, fiees,
<br /> documentary stamps,and other charges for recording or registering this Deed of Trust.
<br /> Taxes_ The following shall constitute taxes to which tnis section applies (1) a specific tax upon this type of
<br /> Deed ofi Trusi o� upon all or any part of the Indebtedness secured by this Deed ofi Trust; (2) a specific tax on
<br /> Trustor which Trustor is authorized or required to deduct from payments 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 alf or any portion of the Indebtedness or on payments of principal and
<br /> interest made by Trustor.
<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 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 suffi.cient corporate surety bond or other security satisfactory to Lender.
<br /> SECURITY AGREEMENT: FINANCING STATEMENTS_ The following provisions relating to this Deed of Trust as a
<br /> security agreemenY are a part of this Deed of Trust:
<br /> Security Agreement. This instrument shall constiYute a Security Agreement to the extent any of the Property
<br /> constitutes fixtures, and Lender shall have all of 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 continue Lender's security interest in the Personal Property. In addition to recording this Deed of Trust in tne
<br /> real property records, Lender may, at any time and witho.ut further authorization from Trustor, file executed
<br /> co�unterparts, copies or reproductions of this Deed of Trust as a financing statement. Trustor shall reimburse
<br /> Lender for all expenses incurred in perfecting or contirtuing this security interesi. Upon default, Trustor shall not
<br /> remove, sever or detach the Personal Property from the Property, Upon defaulY, 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 availabie to Lender within three (3) days after receipt of written demand from Lender to the
<br /> extent permitted by applicable law.
<br /> Addresses. The mailing addresses of Trus�tor (debtor) and Lender (secured party) from which information
<br /> concerning the security�interesY granted by this Deed of Trust may be obtained (each as requi.red by the Uniform
<br /> Commercial Code) are as stated on tne first page of ihis Deed of Trust.
<br /> FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and
<br /> attorney-in-tact 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, or will cause to be made, executed or delivered,to Lender or to Lender's designee, and when requesYed by
<br /> Le:nder, 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, financing statements, continuation statements, instruments of further assurance, certificates, and
<br /> other docu:ments as may, in the sole o�pinion 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, end (2) the liens and security interests created 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 snall reimburse Lender for 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 af Trustior's expense. For such purposes, 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 refierred to in
<br /> the preceding parag�aph.
<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 tnis Deed of Trust, Lender shall execute and deliver to Trustee
<br /> a request for full reconveyance and shall execute and delivet to Trustor suitable statements of termination of any
<br /> fiinancing statement on fiile evidencing Lender's security interest in the Rents and the Personal Property. Any
<br /> reconveyance fee required by law shall be paid by Trustor,if permitted by applicable law.
<br /> EVENTS OF DEFAULT. Trustor will be in default under this Deed ofi Trust if any of tne following happen: (A) Trusior
<br /> commits fraud or makes a material misrepresentation at any time in connection witn the Credit Agreement. This can
<br /> include, for example, a false statement about Trustor's income, assets, fiabilities, or any other aspects of Trustor's
<br /> financial condition. (B) Trustor does not meet the repayment terms of the CrediY Agreement. (C) Trustor's action or
<br /> inaction adversely affects the collateral or Lender s rights in the collateral. This can include, for example, fai.lure to
<br /> maintain required insurance, waste or destructive use of the dwelling, failu�e to pay taxes, death of all persons liable on
<br /> ihe account, transfer of title or sale of tne dwelling, creatio�n of a senior lien on the dwelling without Lender's
<br /> permission,foredosure 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 under this Deed of Trust, at any time thereafter,
<br /> Trustee or Le�der may exercise any one or more of the following rights and remedies:
<br /> Acceleration Upon Default;Additional Remedies. If a�y Event of Default occurs as per the tercns 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, protesf 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, o� by a receiver
<br /> appointed by a court and without regard Yo 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 necess�ary or desirable to preserye the value, marketability or rentability of the Properfy, or part of
<br /> the Property or interest in the Prope.rty; 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, issues and profiits of the Property, including those past due and unpaid, and apply the same, less
<br /> costs and expenses of operation and eollection attorneys'fiees,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 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 defauk or pursuant to such notice of default; and, notwithstanding the continuance in possession of
<br /> the Property or ihe collection, receipt and application of rents, issues or profits, Trustee or Lender shall
<br /> be entitled to exercise every right provided fior 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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