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201400517
<br /> DEED OF TRUST
<br /> Loan No: 8�2059459 (Co�ttlnued} Page 4
<br /> this Deed of Trust and take whatever other action is requested by Lender tn perfect and continue Lender's [ien on
<br /> the Rea! Property. Trustor shall reimburse Lender for a[I taxes, as described below, together with all expenses
<br /> incurrsd in recording, perfecting or continuing this Deed of Trust, including without limitation a[I taxes, €ees,
<br /> documentary seamps, and other charges for rscording or registering this Qeed of Trust.
<br /> Taxes. 7he following shall constitute taxes to which this section applies: {1) a spec'sfic tax upon this type of
<br /> Deed of Trust or upon aIl or any part of the Indebtedness secured by this Deed of Trust; (2f a specific tax on
<br /> 7rustor which Trustor is autF�orized or required to deduct from payments on the Indebtedness secured by this type
<br /> of Deed of 3rust; {3) a tax on this type of Deed of Trust chargeabfe against the Lender or the holder of the Credit
<br /> Agreerrtent; and (4} a specific tax ori afl or any portion of the Indebtedness or on payments of principa[ and
<br /> interest made by Trustor.
<br /> Subsequent Taxes. If any tax to which this seciion applies is enacted subsequent to the date of this Deed of
<br /> Trust, this event shall have the same effect as an �vent of Default, and Lender may exercise any or a[I of its
<br /> a�ailable remedies for an Event of Default as provided below unless Trustor either {1) pays the tax before it
<br /> becomes delinquen#, or ;2} con#ests the tax as provided a6ove in the Taxes and Liens section and deposits with
<br /> Lender cash or a sufficient corporate surety bond or ather security satisfactory to Lencfer.
<br /> SECURITY ACvREEMENT: FIIIIANCIIIIG STAT�MENTS. The follow'sng provisions relating to this Deed of Trust as a
<br /> security agreement are a part ofi this aeed of 3rust:
<br /> Security �4greement. This instrument sha[I constitute a Security Agreement to the extent any of the Property
<br /> constitutes fixtures, and Lender shall have afl of the rights of a secured party under the Elniform Commercial Code
<br /> as amended from time to time.
<br /> Securi#y In#erest. Upon regues# by Lender, 7rustor shall take whatever action is raquested by Lender to parfect
<br /> and conFinue Lender's security interest in the PersonaE Property. Irs addition to racording this Deed of Trust in the
<br /> rea[ groperty records, Lender may, at any time and without furtF�er authorization from Trustor, file executed
<br /> counterparts, copies or reproductivns af this �eed of Trust as a financing statement. Trustas shall reimburse
<br /> Lender €or al! expenses incurred in perfecting or continuing this security interest. Upon defauft, Trustor shall not
<br /> rerr�ave, sever or detach the Personal Property frorr� the Property. Upon default, Trustor shal] assemble any
<br /> Personal Property not affixed to the Property in a manner and at a p[ace reasonab[y convenient to Trustor and
<br /> Lender and make iF available to Lender wit[�in three {3I days after receipt of wri#ten demand from Lender to the
<br /> extent pesmitted by applicable law.
<br /> Addresses. i[�e maiEing addresses of Trustor idebtorJ and Lender {secured party) firom which ir�formation
<br /> concerning the security interest granted by this Deed of Trust may be obtained {eacfi as requ4red by the Uniform
<br /> . Commercial Code] are as stated on the first page of this Deed of Trust.
<br /> FURTHER ASSIlRAk1tCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and
<br /> attorney-in-fact are a psrt af this �eed ofi 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 macte, executed or delivered, to Lender or ta Lender's ciesignee, 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 p[aces as Lender may deem appropriate, any and al[ such mortgages, daeds o€trust, securi'ty deeds, seeurity
<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 effecwate, complete,
<br /> perfect, continue, or preserve {1) Trustor's obligations under the Credit Agreement, this Deed of�"rust, and the
<br /> ReEated Documents, and (2) the liens and security interests created by this Deed of Trust ors the Property,
<br /> whether now owned or hereafter acquired by Trustor. Unless prohibiced by law or Lender agsees 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 af 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, de[ivering, fi]ing, recording, and doing all
<br /> other things as may 6e necessary or desirabEe, in Lender's sale opinian, to accomplish the n'satters re'Ferred to ir3
<br /> the preceding paragraph.
<br /> FULL PERFORfU[ANCE. If Trustor pays alf the [ndebtedness when due, terminates the credit line account, and otherwise
<br /> performs al[the obligations imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to Trustee
<br /> a request for fup reconveyance and shall execute and deliver to 7rustor suitable statements of termination af any
<br /> financing statement on fife evidencing Lender's secvrity interest in the Rents and the Persona] Property. Any
<br /> reconveyance fee required by law sha[I be paid by Trustor, if permitted by applicable law.
<br /> EVEIVTS OF DEFAUl.T. Trustor will be in default under this Deed of Trust if any of the following happen: {A} Trustor
<br /> comsnits fraucl or makes a material misrepresentation at any time in connection with the Credit Agreerr3ent. This can
<br /> include, for exampla, a false statement about Trustor's income, assets, liabiliiies, or any other aspects of Treastor's
<br /> financial condition. {B] Trustor does not meet the repayment terms of the Credit Agreement. {C} Trustor's action or
<br /> inaction adverse[y ai-�ects the collatera] or Lender's rights in the collateral. This can incEude, for exampie, failure Eo
<br /> maintain required insurance, waste or destructive use of the dwelling, fai[ure to pay taxes, death of al] persons [iable on
<br /> the account, transfer of title or sale of the dwelling, creation of a ser�ior lien on the dwel[ing without Lender's
<br /> permission, foreclosure by the holder ofi another lien, or the use of funds or the dwelling for prohihited purposes.
<br /> RlGHTS AND REMEDIES Ql1[ DEFEILlL7. If an E�ent of Default occurs under this �eed o€7rust, at any time thereafter,
<br /> Trustee or Lender may exercise any one or more of the folfowing rights and remadies:
<br /> Acceleration Upon �e#aolt:Additionai Remedies. If any Event of Default occurs as per the terms of the Credit
<br /> Agreement secured hereby, Lender may declare afl Indebtedness secured hy this ❑eed of Trust to be due and
<br /> payable and t[�e same shall ihereupon 6ecome due and payable wiihout any presentment, demand, protest or
<br /> notice of any kind. Thereafter, Lender may:
<br /> (a] �it[�er in person pr by agent, with or without bringing any action or praceeding, or by a receiver
<br /> appoiroted by a court and without regard to the adequacy of its'security, enter upon and take possassion
<br /> of t[�e Property, or any part thereof, in its own name or in the name of Trustee, and do any acts which it
<br /> deerrts necessary or desirable to preserve the value, marketabiEity or rentabili'ty of the Properry, or part of
<br /> the Property or interest in the Property; increase the income from the Property or protect the security of
<br /> the Psoperty; and, with or without ta[cing possession of the Property, sue for or otherwise collect the
<br /> rents, issuss and profits of the Property, including those past due and unpaid, and apply the same, less
<br /> costs and expenses of operation and col[ection attorneys' fees,io any indebtedness secured by th':s Deed
<br /> of Trust, al[ in such order as Lender may determine. The entering upon and taking possession of the
<br /> Property, the collec�ion of such rents, issues and profits, and the application thereof sha[I not cure or
<br /> waive any defauft or notice of default under this Deed of Trust or invalidate any act done in response to
<br /> such defauli ar pursuant to such no'tice of default; and, notwithstanding the continuance in possess'son pf
<br /> the Property or the collection, receipt and application of rents, issues or profits, Trustee or Lender shal[
<br /> 6e entitled to exercise every right providec! for in the Credit Agreement or the Related Documents or by
<br /> [aw upon the occurrence of any event of default, including ths right ta exercise the power of sale;
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