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201405339 DEED OF TRUST Loan No: 5720597$1 (COntinued] Page 4 the Rea] Property. Trustor shall reimburse �ender for alE taxes, as described below, together with all expenses incurred i� recording, perfecting or continuing this �eed of 7rust, including without Eimitation all taxes, fees, c[ocumerrtary stamps, and o#her charges for recording or registering this Deed of Trust. Taxes. The fallowing shall canstituFe caxes to which this section applies: �1) a speciiric tax upon this type af Deed af Trust or upon al! or any part of the Indebtedness secured Esy this Deed of TrusY; {2I a specific tax on Trustor which Trustor is authorized or req�ired to deduct from payments on the Indebtedness secured by this type of Deed of Trust; {3} a tax on this type of Deect of Trust chargeahle against ti�a Lender or the holder of the Credi# Agresment; and I4) a specific tax on aA or any portion of the Indebtedness os on payments of principal and inierest rr�ade 6y Trustor. Suhsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of th'ss ❑eed of Trust, tf�is event sha11 have the same e�fect as an Event of DefaulY, and Lender may exercise any or all ofi its availa�le remedies for an Event of Default as provided belaw unless "�rustor either [7 f pays the tax before it 6ecomes delinquent, or i2a contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other secur'sty satisfactory to Lender. SECUR�TY AGREEME[�T; FINANCING STATEMENTS. The following provisions relatsng to this �eed of Trust as a security agreement are a part of this Deed of'7'rust: Security Agreement. This ir�strument shall constitute a 5ecurity Agreement to the extent any of the Property constitvtes fixtures, and Lender shall have al] of the rights of a secured party uRder the UniforrrE CommerciaE Code as amended from#ime to time. Security Interest. Upon request by Lender, TrusEor shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Personal Property. In addition to recarding this ❑eed of Trus2 in the real property records, Lender may, at any time and without further authorization from Trustor, file executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Trustor shall reimburse Lender for all expenses incurred in perfeCting or Continuing this SeCurity in#erest. Up4n default, Trustor shaU not remo�e, sever or detach the Personal Property from the ProperEy. Upon default, Trustor shall assemble any Personal Praperty not affixed to #he Property in a manner and at a place reasonahly convenient to Trustar and Lender and make it available to Lender within three [3} days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses af Trustor {debtor} and Lender (secured party] from which information concerning the security interest granted by this �ead of Trust rreay be obtained ieach as required by#he Uniform Commercial Code} are as sfated on the first page of this Deed of Trust. FUIiTHER ASSURANCES; ATTORN�Y-IN-FACT. The foElowing provisions re[a#ing to furtf�er assurances and attorney-in-fact are a part of this Qeed of Trust: F�rther P�ssurances. At any time, and from time to time, upon request of Lender, Trustor will make, execute and deli�er, or will cause to be made, executed or delivered, to Lender or to Lender's designes, and when requested by Lender, cause to be filed, recorded, refi[ed, or rerecorded, as the case rnay be, at such times and in such offices and places as Lender may deem approPriate, any and all such mortgages, deeds of trust, security deeds, security agseements, financing statements, continuation statements, instrurrzents of furCher assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perFect, continue, or preserve (]} Trustor's obEigations under the Credit Agreement, this Deed of Trust, and the Related Documents, and {21 the liens and security interests created hy this Deed of Trust on the Prpperty, whether now owned or hereafter acquired by Trustor. Unless prohibited by law or Lendar agrees to the conYrary in writi�g, i7rusTor sha11 reimburse Lender for all costs and expenses incurred in co�nection witf� the matters referred to in this paragraph. Attorney-in-Fact. [f 7rustor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints Lender as Trus#or's attorney-in-fact for the purpose ofi making, executing, delivering, filing, recording, and doing aEl other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matEers referred to in the preceding paragraph. FULL PERFORMANCE. If Trustor pays all the Indebtedness when due,terminates the credit kine account, and otherwise performs al] the ab[igations imposed upon Trustor under this Deed of Trust, Lender shal! execute and deli�er to Trustee a request for ful[ recon�eyance and shall execute and deliver to Trustor suitable statements of termination of any fiinancing sta�ement on file evidancing Lender's security interest in the Rents and tfne Persona[ Property. Any reconveyance fee required by law shal] be paid by Trustor, if permitted by applica6[e law. EVENTS Q� DEFAULT. Trustor wi11 be in default under this Deed of Trust if any a#the following happen: {A} Trustor commits fraud or makes a material misrepresenta#ion at any time in connectson with the Credit Agreement. This can inclUde, for exampfe, a false statement a6out Trustor's income, assets, liat�ilities, or any other aspects o'F Trustor's financial condition. (B} Trustor does not meet the repayment terms of the Credit Agreement. IC) Trustor's action or inaction adve�sely affects the collateral ar Lender's rights in the collateral. 7his can include, for example, failure to maintain required insurance, waste or destructive use of the dwelling, failure to pay taxes, death of al[ persons liable on the account, transfer of title or sale of the dwelling, creation of a senior iien an t[�e dwelling without Lender`s permission, foreclosure by the holder of another lien, or the use of funds or the dwelling for prohibited purposes. RIGI-ITS AND REINED[E5 ON DEFAlJLT. [f an Event af �efault occurs under this Deed of Trust, at any time thereafter, Trustee or Lender may exercise any one or more of the following rights ancf remedies: Acceleratfon Upon Defa�lt;Additiona[Remedies. If any Event of Default occurs as per the terms of the Credit Agreement secured hereby, Lender may declare all lndebtedness secured by this Deed-of Trust to be due and payable and the same shalf thereupon become due and paya6le without any presentment, demand, protest or notice of any Ecind. Thereafter, Lender may: [a} Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter upon and take posssssion of the Property, or any part thereof, in its own name or in the name of Trustee, and do any acts which it deems necessary or desirabEe to preserve the value, marketability ar rentabi[ity of the Pro�erty, or part of the Property or interest in Che Property; increase the income frorn the ProperCy or protect the security o# � the Property; and, with or without taking possession of the Property, sue for or otherwise colEect the rents, issues and profi#s of the Property, inc]uding those past due and unpaid, and apply the same, less casts and expenses af pperation and collection attorneys' fees, to any indebtedness secured hy ihis Deed of Trust, all in s�ch order as Lender may determine. The entering upon and taking possession of the Property, the collection of such rents, issues and profits, and the application thereof sha[I not cure or waive any default or notice of default under this Deed of Trust or invalidate any act done in response to such default or pursuant to such notice of default; and, notwithstanding tF�e continuance in possession of the Property or the collection, receipt and application of rents, issues or profits, Trustee or Lender shal[ be entitled to exercise every righ# provided for in the Credit Agreement or the Related �ocuments or by law upon the occurrence of any e�ent of default, including the right to exerc9se the power of sale;