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' 201404120
<br /> ' D��D OF'T�UST
<br /> (Gontinued) Page �
<br /> ' net p�oeeeds'of the awartl be applied to the lndebtedness or the repair'or restora#ion of the Property. The net '
<br /> proeeeds of the award shall rnean the award after paymen#of ail reasonable costs, expenses, and attornays'fees '
<br /> inc�rred by Trustee or'Lendsr in connection with the condemnafion.
<br /> IAAPOSITft31t[OF TAXES, F�ES AND GHARGES BY GOVER�k3�ENTAL'AUTHQRITIES. The fallowing pr�zvisions refating `
<br /> #o govemmental taxes,fees and charges are'a part of this Deed o#Trust:
<br /> ' Current Taxes, Fees and Charges. Upon request by Lender, Trustor shall execute such doGuments in additian to '
<br /> this Deed of Trust and take whatevsr other actibn is Yequested by Le�der to perfect and continue Lender's'Jien on '
<br /> the Real Property. Trustor shall reimburse �ender fpr all taxes, as described below, together with afi expenses '
<br /> i�curred in recording,,'perfecting a�r continuing,'this Deed of Trust, including withaut limitatian ail taxes, fees, '
<br /> ' documentary stamps,land c�ther charges for recording or'registering this Deed of T�ust.
<br /> Taxes. The following,shail constitute taxes to'which this section applies: (�) `a specific tax upon this type of '
<br /> beed''of Trust or upo� a!I or any part of the indebtedness secured by thi& Deed'of Trust; (2) a,'specific tax on '
<br /> Trustor which Trustor'is authorized ar required to deduct from paymenfs 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 hoider c�f the Gredit '
<br /> ' Agreement; and (4) a specific tax on ali or'any portion of the Indebtedness or on payments c�f principal and
<br /> interest made'by 7rustor.
<br /> Subsequent Taxes. lf any Yax to which this sectian appEies is enacted'subsequent to the date of this Deed of '
<br /> Trust, this everrt shalk have the same''eFfect as an Eve�t of Defauit, and Lender may exercise any or all of its
<br /> available remedies far an Event of �efault as,'provided below unfess Trustor either (1},' pays the tax before it '
<br /> becomes delinquent, or {2� contests the tax as provided above in the Taxes and Liens sectEon and deposits with
<br /> Lender cash or a sufficient corporate surety bond or ather security satisfactory to Lender.
<br /> SECURITY AGREE�ftENT, FINANCING STATEMENTS. The'f�llowing 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 /> eorrskitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commerciai Cade
<br /> as amended from time to time.''
<br /> Security Mterest. Upon request by Lender, Trustor sha11 take whatever'action is requested by Lentler to perfeCt
<br /> and continue Lender's'security'interesf'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 autharization from Trusto�, file executed '
<br /> counterparts,'copies or reproductions``of lhis Deed of Trust as a financing statement. Trustor''shall reimburse '
<br /> Lender fo� a1P expenses incurred in pertecting or continuing this'security,'interest:' Upon defaulk, Trustor shall not
<br /> remove, sever or detach the'Personal Property from the Property. Upan default, Trustor shall assemble any ,'
<br /> Pefsona! Prop�rty nof affixed 't� the Property in a manner and'at a place reasonably convenient to Trustor and
<br /> Lender 3nd make it available to Lender within three (3)' days after receipt of writfen demand from Lender to the '
<br /> extent permitted by applicable'law.
<br /> Addresses. 'The mailing addresses of Trustor (debtar) and`Lender (secured party} from whicM information '
<br /> conceening th,e security i�terest granted by this Deed of Trust may be obtained (each as,'required by the Uniform
<br /> Commercial Gade)are'as stated on the'first page of this''Deed o#'Trust '
<br /> FURTHER' ASSURANCES;' ATTORNEY-IN-FAC7. The following ,prquisions retating to further assu�ances and '
<br /> attorney-in-fact are a part of this Deed of Trust:
<br /> Further Assurances. At any time, and''fram tirne ta time, upan request of Lender, Trustor will make, exeeute and '
<br /> deliver,or wi[I cause to be made,executed or deli�eretl;'to Lender ar ta Lender's designee,and when requesfed by '
<br /> Lender, cause to be filed, recorded, refiled, ar rerecorded, as the case may be, at such times and in such affices
<br /> and places as Lender'may deem appropriate, any and all such martgages, deeds'of trust;'security deeds, security '
<br /> agreements, financing statements, con#inuation statements, instruments of further assurance, certificates, and '
<br /> other docume�ts as may, in the sole capinion ofi Lender,'be necessary or desirable'in order'fio effectuate, complete,
<br /> perfect, continue, or preserve,'(�) Trustor's obligations under the Gredit Agreement,this C�ed of Trust,and the '
<br /> Ftelated Documents, 'and (2)' the liens and seeurity''interests created by thi5'Deed of Trust on the F'�operty, '
<br /> whether now'owned or hereafter acquired by Trustor. llnless prohibited,by law or Ler�der'agrees to the contrary in '
<br /> writing, Trustor shall�eimburs�Lender for all costs and'expenses incurred in co�nection with the matters�eferred
<br /> to in`this paragraph. '
<br /> Attor�ey-in-Fact. If Trustor fails to do'any of the things referred to in the pre�ing paragraph, Lender may do so '
<br /> far and in the name caf Trustoc and at'Trustor°s exp�nse. For suCh purposes, Trustor hereby irrevocably appoints
<br /> Lender as Trustor's attorney-in-fact far'the purpose of making,executing,delivering, filing'; recording, and doing ali '
<br /> o#her thi�gs,as may,be necessary or desirable; in Lender's sole opinion; to accomp�ish the mattefs refarred to in '
<br /> the preceding paragraph.
<br /> FULL PERFORMANCE. If Trustor pays all the fndebtedness when due, terminates the credit line account, and atherwise`
<br /> pertarms aIf the obligations imposed upon TrustQr under thiS'Deed of Trust, Lender shaU execute and deliver to Trustee '
<br /> a request' For full'recanveyance and shall>�exeCute and defiver to Trustor suitable statements of terminationl of any '
<br /> financing'staternent on file evidencing �ender's security 'interest'in the 'Rents and the Personal ,Property. Any '
<br /> reconveyance fee I�equireci��by law shall be p�id by Tr�stor,ifi"permitted by applicable law.
<br /> EVENTS QF DEFAULT. Trustor will be in d'efault under this Deed of<Trust if any of the following happen: (A} ,Trustor
<br /> commfts fraud or make5 a material rnisrepresentation at any time in conneCtion with the Credit Agreement. This Can '
<br /> include, far example, a fals� statement about Trustor's inc4me, assets, Iiabilities, or any other aspects of Trustor's
<br /> finaneial cvnditioR'�, (B) Trustor dc�es noY meet the'��epayment terms����of Ehe Credit Agt�ement.'� (C) Trustor's action or '�
<br /> inaction adverselyj affects the collateral or''Lender's rights'in the collateraL 'This can inciude, for example, failure to
<br /> rnaintain required'insurance,w�ste''or desttuctive use of the'dweAing',failure to pay taxes, death of all persons'fiable on '
<br /> the account, transfer of title or sale of the dwelling, creatian of a senio� lien on the dweliing without Lender's
<br /> permission, foreclosure by the holder of another lien'; ar the use of funds or the dwelling for prohibited purposes.'
<br /> RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs Underthis C)eed of Trust, at any time thereaftef, ,'
<br /> Trustee o�Lender may exercise any one or more c�f#he following rights and remedies: '
<br /> 'Aeceleration Upon Default;Additionat Remedies. If any Event af Default occurs as per tne terms of the Credit '
<br /> Agreement secured hereby, Lender may declare all'Indebtednass secured by this Deed of Trust to be due and '
<br /> ,payable and the same shall thereupon become due and payable withqufi any,presentment,demand, protest or'
<br /> '�notice af any kirtd. Thereafter, Lender may:
<br /> (a) ', Ei#her in person ar by agent, with or without bringing any action or proceeding, or by a �eceiver'
<br /> appointed by a court and without regard to the�Hequacy of its security, enter upon and'take possession '
<br /> of the Property, or any part thereof, in its own �ame or in the name of Trustee,and do any acts which it
<br /> deems necessary or Itlesirab�e to preserve the Iva�ue, marketabifity or rentability af the Property,or part of'
<br /> the'Property or interest in the Praperty; increase the inCome from the Property or protect Yhe security of
<br /> the''Prvperty; and, with or without taking possession of the Property,',sue for'ar otherwise collect the '
<br /> rents, issues and profits of the Property, incl�tling those past due and unpaid,and apply the same, less '
<br /> costs and expenses of operafiion and collection attorneys'fees,to any indebtedness seeured by this L�eed'
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