Laserfiche WebLink
d. �.�:�:_�.� . . �:,:.u.;,.,.�:�..�.. . . <br /> 201403672 <br /> DEED OF TRUST <br /> Loan No: 681175-1 {Continued) Page 4 <br /> concerning tF�e security interest granted by this Deed of Trust may be abtained ieach as required by the Uniform <br /> Cammercial Cotie) are as stated on the first page af this Deed of Trust. <br /> FURtHER ASSURANCES; ATTORI�tEY-IN-FACT. The following provisions relating to further assurances and <br /> attorney-in-fact are a part of this �eed of Trust: <br /> Further Assurances. At any time, and from time to time, upon request af Lender, Trustor will ma[ce, execute and <br /> deliver, or will cause to 6e made, executed or delivered, to Lender or to Lender's designee, and when requested hy <br /> L�nder, cause to be filed, recorded, refiled, or rerecordetf, as the case may he, at such times and in such offices <br /> and places as Lender may deern appropriate, any and all such mortgages, deeds af trust, security deeds, security <br /> agreements, financing statements, continuation statements, instruments of further assurance, certificates, and <br /> other dacuments as may, in#he soie opinian of �ender, be necessary or desirable in order ta effectua#e, complete, <br /> perfect, continue, or preserve f1} Trustor's obligations under the Note, this Qeed of Trust, and the Related <br /> 17ocuments, and {21 the liens and security interests created by this Deed of Trust as first and prior liens on the <br /> Property, whether now owned or hereafter acquired by Trustor. Unless proF�ibited by law or Lender agrees to the <br /> contrary in writing, Trustor shall reimburse Lender for all costs and expenses incurred in connection with the <br /> matters referred to in this paragraph. <br /> Attorney-in-Fact. If Trustor fai[s to do any of the things referred to in the preceding paragraph, Lender may do sp <br /> for ancE in the name of Trustor and at Trustor's expense. For sucE� purposes, Trustor hereby ir:e�ocably 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 dasirable, in Lender's sole opinion, to accomplish the matters referred to in <br /> the preceding paragraph. <br /> FULL PERFORMANCE. If Trustor pays al[ the Indebtedness when due, and otherwise performs al1 the obligations <br /> imposed upon Trustor under this ❑eed of Trust, Lender shall exacute and deliver to Trustee a request for full <br /> reconveyance and shall execuYe and deliver to Trustor suitabfe statements af termination of any finaneing statement on <br /> file evidencing Lender's security in#erest in the Rents and the Persona€ Property. Any recon�eyance fee required by law <br /> shall be paid by Trustor, if permitted by applicable law. <br /> EVENTS OF dEFAULi. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed <br /> of Trust: <br /> Paymerot Default. Trustor fails to make any payanent when due under the Indebtedness. <br /> Other Defaults. Trustor fails to comply with or to perform any other term, obligation, cavenant or condition <br /> conCained in this Deed of Trust or in any of the Re�ated Doc�ments or #o comply with or to perform any term, <br /> abliga#ion, cavenant or condition contained in any other agreement between Lender and Trustoc. <br /> Compliance befault. Failure to comply with any nther term, obligation, co�enant or condi#ian contained in this <br /> Deed of Trust, the Note nr in any of the Related Documents. <br /> Defau[t on Other Paymen#s. Failure of Trustor within the time required by this Deed of Trus#to meke any payment <br /> for taxes or insurance, or any ather payment nscessary to prevent filing of or to effect discharge of any{ien. <br /> Default in Fa�or af Third Parties. Should Grantor defau[t under any loan, extension of credit, security agreement, <br /> purchase or sales agreement, or any othar agreement, in tavor af any other crec�itor or person that may materially <br /> affect any of Grantor's proparty or Gra�tor's ability to repay the ande6tedness or Grantor's ability to perform <br /> Grantor's obligations under this �eed of Trus#or any of the Refated Documents. <br /> False Statements. Any warranty, representation or statement made or furnished ta Lender by Trustor or on <br /> Trustar's behalf under this Deed of Trust or the Re[ated Documents is false or misleading in any material respect, <br /> either now or at the time made or furnished or becomes false or mis[eading at any time thereafter. <br /> Qefecti�e Collateralization. This Deed of Trust or any of the Re{ated Documents ceases to be in full force and <br /> effect (including failure of any coliateral document to create a vaiid and perfected security interest or lienl at any <br /> time and for any reason. <br /> Death or Insolvenoy. The death of Trustor, the insolvency of Trustor, the appointment af a recei�er for any part of <br /> 7rustor's property, any assignm�ni for the benefit of creditors, any type of creditor workout, or t�e <br /> commencement of any proceeding under any bankruptcy or insolvency faws by or against Trustor. <br /> Creditor or Forfeiture Pracaedings. Commencement of foreclosure or forfeiture proceedings, whether 6y judicial <br /> proceeding, self-F�elp, repossessian or any other method, by any creditnr ofi Trustor or by any govemmental agency <br /> against any property securing the Indebtedness. 7his includes a garnishment af any of Trustar's accounts, <br /> including deposit accounts, with Lender. Hawe�er, this Event of De€ault shal{ not apply ifi there is a good faith <br /> dispute by Trustor as ta the validity or reasonableness nf the claim which is the basis of the creditor or forfeitura <br /> proceeding and if Trustor gives tender written notice of the creditor or forfeiture proceeding and deposits with <br /> Lender monies or a surety band for the creditar or forfeiture proceeding, i� an amount determined by Lender, in its <br /> sole discretion, as being an adequate reserve or bond for the dispute. <br /> Breach of Other Agreement. Any breach by Trustor �nder the terms of any other agreement between �rustor antE <br /> Lender that is not remedied within any grace period pro�ided therein, including without limitation any agreement <br /> concerning any indebtedness or other o6ligation of Trustor to Lender, whe#her existing now or later. <br /> E�ents Affecting Guarantar. Any of the preceding events occurs wiYh respect to any guarantor, endorser, surety, <br /> ar accommodation party of any of the Indehtedness or any guarantor, endarser, surety, or accommodation party <br /> dies or becomes incompetent, or revokes or disputes the velidity of, or lia6ility under, any Guaranty of the <br /> Indabtedness. <br /> Adverse Change. A materia[ adverse change occurs in Trustor's financial conditian, or Lender 6elieves the <br /> prospect af payment or per#ormance of the Indebtedness is impaired. <br /> Insecurity. �ender in good faith believes itself insecure. <br /> R]GMTS AND RFMEDIES ON DEFAUI.T. if an Event of Default occurs under this �eed of Tr�cst, at any time thereafter, <br /> Trustee or Lender may exercise any one or more of the following rights and remedies: <br /> Aoceleration Upon Default: Additional Remedies. If any E�ent of L7efiault occurs as per the terms of the Note <br /> secured hereby, Lender may dedare all Ir�dehtedness secured by#his Deed of Trust to be due and payable and <br /> the same sha[I thereupon 6ecame due and payable without any presentment, demand, protest or notice of any <br /> kind. Thereafter, Lender may: <br /> (a} Either in person or by agent, with ar without bringing any action or proceeding, or by a receiver <br /> appointed by a cour€ 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 ar desirable to preserve the value, marketa6ility 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 Prop�rty, sue for or otherwise collect the <br /> rents, issues and profits of the Property, including those past due and unpaid, and apply the same, 9ess <br /> cosfis and expenses of operatian and colfection attorneys' fees, to any indabtedness secured by this Oeed <br />