201404008
<br /> DEED OF TRUST
<br /> Loan No: $�2Q59G69 (Continued} Page 4
<br /> this Deed of Tr�st and take whatever other action is requested 6y Lender to perfect and continue Lender's lien on
<br /> the Rea3 Property. Trustor shall reimburse Lender for al1 taxes, as described below, together with a[I expenses
<br /> 9ncurred in recording, perfecting or continuing this Deed of Trust, including without ]imitation all taxes, fees,
<br /> dflcumentary stamps, and other charges for recording or registering this Deed of Trust.
<br /> Texes. The following shal] canstitute taxes to which this section applies: (1) a specific tax upon this type of
<br /> Deed of 7rust or upon all or any part of the Indebxedness secured by this Deed of Trust; (2f a specific tax on
<br /> Trustor which Trustor is authorized or required to deduct from payments on the Indebtadness secured by this type
<br /> of peed of Trust; i3} a tax on this type of Deed of Trust chargeable aqainst the Lender or the holder of xhe Credit
<br /> Agreemerot; and I4) a specific tax on al] or any portion of the Indebtedness or on paymer�ts of principa[ and
<br /> incerest made by Trustor.
<br /> Subseqaerxt 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 ei�ect as an Event of Default, and Lender rnay exercise aroy or a[I of its
<br /> available �emedies for an Event of Defaul# as provided helow unless Tr�stor ei#her (1} pays #he tax befvre it
<br /> becomes delinquent, or (2} contests the tax as provided above in the Taxes and Liens section and deposits with
<br /> Lender cas[�qr a sufficient corporate surety bond or other security satisfactory to Lender.
<br /> S�CUR{TY AGREEMENT; FINANC[[�G STATEMEHTS. The following provisions relating to this Deed of Trust as a
<br /> securiFy agreement are a part af this Deed of Trust:
<br /> Security agreemerrC. This instrument shall constitute a Security Agreement to the extent any of the Property
<br /> constitutes fixtures, and Lender shall ha�e all of the rights of a secured parCy under the Uniform Commercial Code
<br /> as amend�d from time to time.
<br /> 5ecurity Interest. Upon request by Lender, Trustor shall take whatever ac#ion is requested by Lender to perfect
<br /> and continue Lender's security i�terest in the Personal Property. En addition to recording this Deed o€7rusx in xhe
<br /> real property records, Lender may, at any time and without further auihorizatian from Trustor, file executed
<br /> counterparts, copies or reproductions of this Deed of Trust as a financing statement. Trustpr shall reimburse
<br /> Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Trustor sha[I not
<br /> remove, sever or detach the Personal Property from the Property. Upon de�ault, Trustor shal[ assemble any
<br /> Personal property not affixed to Fhe Property in a manner and at a place reasonably convenient to Trustor and
<br /> Lender and make it available to Lender within three {31 days after receipt of written demand from Lender to the
<br /> extent permitted by appfica6le law.
<br /> Adtfresses. The mailing addresses o�F Trustor {debtor} and �ender [secured parry) from which informaYion
<br /> concerning the security interest granted by this Dead of Trust may be obtained [each as required by the Uniform
<br /> Cammercial Code} are as stated on the first page of this Deed of Trust.
<br /> FURTHER ASSURANCES; ATTORNEY-IN-FACT. The foElowing provisions reEating to further assurances and
<br /> attorney�in-fact are a part of this Deed of Trust:
<br /> Further A�surances. At any time, and from time to time, upon request of Lender, Trustor wi[I make, execute and
<br /> de[iver, or will cause Eo be made, executed or delivered, to LencEer or to Lender's designee, and when requested by
<br /> Lender, cause to ba filed, recorded, refiled, or rerecorded, as the case may be, at suc[� times and in such offices
<br /> and places as Lender may deem appropriate, any and all such mortgages, deeds of trusf, security deeds, security
<br /> agreements, financing statements, continuat9on statements, instrurnents of further assurance, certificates, and
<br /> other documents as may, in the sole apinian of Lender, be necessary or desirable in order to effectuate, complete,
<br /> perFect, continue, or preserve {Z} Trustor's obligations �nder the Credit Agreerr�ent, this Deed of Trust, and the
<br /> Related Documenis, and {2} the liens and security irtterests created by this �eed of Trust o� the Property,
<br /> whether now awned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the convary in
<br /> writing, 7rustor shail reimburse Lender for a11 costs and expenses incurred in connection with the matters referred
<br /> to in this paragraph.
<br /> Attoroey-un-Faat. [f irustor fails to cEo any of the thi�gs referred to in the preceding paragraph, Lender may do so
<br /> for and ir� the name of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints
<br /> Lender as Trustor's at[orney-ir�-fact for the Purpose of making, executing, delivering, filing, recording, and doing a11
<br /> other thiags as may be necessary or desirable, in Lender's so�e opinion, to accomplish the matters referred to in
<br /> the preceding paragraph.
<br /> FULL PERFORMANCE. [f Trustor pays all the ]ndebtedness when due, terminates ihe credit fine accaunt, and otherwise
<br /> performs a][the obligations imposed upon Trustor under this Qeed of Trust, Lender shal[ execute and deliver to Trustee
<br /> a request for fuEl reconveyance and shal[ execute and de[iver to Trustor suitable statements of Yermination of any
<br /> financing stat�ement on file evidencing Lender's security interest in the Rents and the Personal Property. Any
<br /> reconveyance fee required by!aw shal[ be paid by Trustor, if permitted by applicable law.
<br /> EV�NTS OF D�FAULT. Trustor wiA be in cEefault under this Deed of Trust if any of the following happen: fA) Trustor
<br /> commits fraud or makes a material misrepresentatian at any time in connection with the Credit Agreement. This can
<br /> include, for example, a fafse statement about Trustor's income, assets, liabilities, or any other aspects of Trustor's
<br /> financia] condition. {B} Trustor does not meet the repayment#erms of the Credit AgreemenY. [q Trustor's action or
<br /> inaction adversely affects t[�e collateral or �ender's righis in the collateral. ihis can include, for example, failure to
<br /> maintain requi�ed insurance, waste or destructive use af the dwelling, failure to pay taxes, cleath of al[ persons liable on
<br /> the account, transfer of ticle or sale of the dwelling, creation of a senior Iien on the dwelling without Lender's
<br /> permission,fo�eclosure by the holder of anoxher lien, or the use of funds or the dwelling for prohibited purposes.
<br /> RIGHTS AND REM�D[ES ON DEFAEJLT. [f an Event of Default occurs under this Deed of Trust, at any time thereafter,
<br /> Trustes or Lender may exercise any ane or more of the following righYs and remedies:
<br /> Acceleration LCpon Defautt;Additional Remedies. If any Event of Default occurs as per the terms of the Credit
<br /> Agreement secured hareby, Lender may declare al] Indebtedness secured by this Deed of Trust ta be due and
<br /> payable and the same shall thereupon become due and payable without any presentment, demand, pro#est or
<br /> notice of any[cind. Thereafter, Lender may:
<br /> 1a} Either in persan or by agent, with or without bringing any action or proceeding, or by a raceiver
<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, markatability or rentabi[ity of the ?roperty, or part of
<br /> the Property or interesi 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 collec# the
<br /> rents, issues and profits of the Property, inc[uding 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 Trusc, alf in such order as Lender may determine. The entering �pon and taking possession af Yhe
<br /> Propsrty, the collection of such rents, issues and profits, and the application Fhereof shall nat cure or
<br /> waive any default or notice of defauft under this �eed of Trust or in�alidate any act done in response to
<br /> such default or pursuant to such notice of defa�lt; and, notwithstanding the continuance in possession of
<br /> the Property or the collection, receipt and app]icaEion of rents, issues or profits, Trustee or Lender sha11
<br /> be entitEed to exercise every right pro�ided for in the Cradit Agreement or the Related Documents or by
<br /> law upon the occurrence of any eve�t of defauEt, including the right to exercise the power ofi sa[e;
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