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201300029 <br /> DEED OF TRUST <br /> Loan No:872058869 (Continued) Page 4 <br /> this Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lender's lien on <br /> the Real Property. Trustor shall reimburse Lender 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, fees, <br /> documentary stamps,and other charges for recording or registering this Deed of Trust. <br /> Taxes. The following shall constitute taxes to 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 secured by this Deed of 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 all 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 sufficient 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 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 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 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 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 law. <br /> Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which information <br /> concerning 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 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 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 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 documents as may,in the sole opinion of Lender,be necessary or desirable in order to effectuate,complete, <br /> perfect,continue,or preserve (11 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 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 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 Trustor'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 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 deliver to Trustor suitable statements of termination of 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 shall be paid by Trustor,if permitted by applicable law. <br /> EVENTS OF DEFAULT. Trustor will 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 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 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,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 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 /> 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 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 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, 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 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 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 Property 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 Related Documents or by <br /> law upon the occurrence of any event of default,including the right to exercise the power of sale; <br />