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201405342 <br /> DEED OF TRUST <br /> Loan No: 8�2059765 {Continued) Page 4 <br /> this Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lender's lien on <br /> the Real Property. Trustor shall reim6urse Lendar for a!I taxes, as descri6ed below, together with al] expenses <br /> incurred im recording, perfecting or continuing this �eed of 7rust, inc[uding without limitation al[ taxes, fees, <br /> documentary stamps, and other chsrges for recording or registering this Deed of Trust. <br /> Taxes. The folEowing shall constitute taxes to whicf� this section app[ies: (1} a specific tax upon this type of <br /> Deed of Tr�st or upon a[I or any part of the Indebtedness secured by this �eed of Trust; {2] a specific tax on <br /> Trustor which Trustor is authorized or required to deduct from payments on the Indebtedness secured by this type <br /> of Deed of Trust; {3) a tax on this type of Deed of Trust chargeable against Yhe Lender or the holder of the Credit <br /> Agreement; and {4} a specific tax on a!I or any portion of the [ndebtedness or an payments af principal and <br /> interest made by Trustor. <br /> 5ubsequeurt Taxes. If any tax to whic� this section app[ies is enacted subsequent to the date of this Deed of <br /> Trust, this event shall have the same effect as an Euent of Defauft, and Lender may exercise any or al[ of its <br /> availab[e rernedies for an Event of Defeu!# as provided below unless Trustor either (1] pays the tax befiore it <br /> becomes deEinquent, or (2) contests the tax as provided above in the Taxes and Liens sectian and deposits with <br /> Lender cash or a su�Ficient corporate surety bond or other security satisfactory to Lender. <br /> SECURITY AGREEMENT; FINANCING STATEMENTS. The fallawing provisions relating to #his deed of TrusY as a <br /> security agreement are a part of this Deed ot Trust: <br /> Security Agreement. This insirument sha[I cor�stitute a Security Agreement to the extent any of the Property <br /> constitutes fixtures, and Lender shall have aIl ofi the rights of a secured party under the Uniform Commercial Code <br /> as amended from time ta time. <br /> Security lu�terest. Upon reques# 6y Lender, 7'rustor shall take whatever action is requested by Lender ta perfect <br /> and conti�ue Lender's security interest in the PersonaE Property. In addition to recording this Deed of�rust in #he <br /> real property recards, Ler�der may, at any time and without furkher authoriza#ion from Trustor, file executed <br /> coun#erparts, copies or reproductions af this Deed of Trust as a financing statement. Trustor sha11 reimburse <br /> Lender fo� afl expenses incurrec[ in perfecting or continuing this security interest. Upon default, Trustar shalE not <br /> remove, sever or detach the �ersonal Property from the Property. Upon default, Trustor shall assemble any <br /> Personal Property noY affixed to the Property in a manner and at a place reasonab]y convenient to Trustor and <br /> Lender arvd make it avai[able to Lender within three i31 days after receipt of written demand firom �ender Eo the <br /> extent permitted by applica6le law. <br /> Addresses. The mailing addresses qf Trustor [debtar] and Lender {secured partyf frorrt which information <br /> concerning the security interest granted by this �eed of Trust may be obtained {each as req�ired by the Uniform <br /> Commercial Code) are as stated on the first page of this Deed of Trust. <br /> FURTHER ASSURANCES; ATTORI1fEY-IN-FACT. The following pro�isions relating to further assurances and <br /> attorney-in-fact are a part of this Deed of Trust: <br /> Farther ASsurances. At any Yime, and #rom time to time, upon request of Lender, 7rustor wil[ make, execute and <br /> deliver, or will ca�se to be made, executed or delivered, to Lender or to Lender's designee, and when requested by <br /> Lender, cae�se to be fiEed, recorded, refiled, or rerecorded, as the case may be, at such tirr�es and in such offices <br /> and places as Lender may deem appropriate, any and alf such mortgagss, deeds of trust, security deeds, security <br /> agresmenEs, financing statements, continuation statements, instr�ments of further assurance, certificates, anc[ <br /> other docvments as may, in the sole opinion af Lender, 6e necessary or desirat�le in order to etfectuate, corrtpfete, <br /> per�ecf, continue, ar preserve i1] Trus#or's obligations under the Credit Agreement, this Deed of TrusY, and the <br /> Related C�ocurttents, and (2) the ]iens and security interesEs created by this Deed of Trust on the Prvperty, <br /> whether now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in <br /> writing, Trustor shall reimburse Lender for all cosis and expenses incurred in connection with the matters referred <br /> to in this �aragraph. <br /> Attorney-in-Fact. ]f TrusYor fails to do any of the things refierred to in the preceding paragraph, Lender may do so <br /> far and in the name of Trustor and at TrusEor's expense. For such purposes, Trustor hereby irrevocably appoints <br /> Lender as Trustor's attorney-in-fact for the purpose of making, execuYing, de[ivering, #iling, recording, and doing alE <br /> other tE�ings as may be necessary or desira6le, in Lender's sole opinion, to accamp[ish the matters refarred #o in <br /> the preceding paragraph. <br /> �ULL PERFORrViANC�. If'1-r�stor pays a11 the Indebtedness when due, terrrtinates the creciit line account, and otherwise <br /> performs all the obfigations imposed upon Trustor under this Deed of Trust, Lender shall execuee and deliver to Trustee <br /> a request for full reconveyance and shall execute and deliver to Trustor s�itahle statements of termination of any <br /> financing statement on file evidencing Lender's security interest in the Rents and the Personal PraperCy. Any <br /> recan�eyance fee required by law shall be paid by Trustor, if permitted by applica6le law. <br /> EVENtS OF DEFAULT. Trustor will 6e in default under this Desd o�Trust if any of tE�e following happen: (A} 7rustor <br /> commits fraud or makes a material m9srepresentation at any time in connection with the Credit Agreement. This can <br /> include, for example, a false statement about Trustor's income, assets, liabili2ies, or any other aspects of Trustor's <br /> financial condition. [Bl Trustor does not meet the repayment terms of the Cred9t Agreement. (C} Trustor's action or <br /> inaction adversely aY�acts the calfateral or Lender's rights in the coflateral. This can incEude, for exarnple, failure to <br /> maintain required insurance, waste or destructive use of the dwe[ling, failure to pay taxes, death of all persons 9iable on <br /> the accos�nt, transfer o# tit[e or sale of the dwelling, creation of a senior lien on the dwelfing without �ender's <br /> permission,#oreclosure by the holder of another fien, or tine�se of funds or the dwelling for Prohibited purposes. <br /> RIGHTS ANd �tEMEDIES ON DEFAULT. lf an Event of Default occurs under this Oeed of Trust, at any tirne thereaiter, <br /> Trustee or Lender may exercise any one or rriore of the following rights and remedies: <br /> Acceleration Upon flefault;Additional Remedies. If any Event of De�ault occurs as per the terms of the Credit <br /> Agreement secured hereby, Lender may dec[are all Inde6tedness secured by this Deed of Trusi to be due and <br /> payable and the same shall thereupon become due and payable without any presenYment, decnand, protest or <br /> notice of any kind. Thereafter, Lender may: <br /> (a} Either in person or by agent, with or without bringing any action or proceeding, or by a recei�er <br /> appointed by a court and without regard to t[�e adeqvacy of 9ts security, enter upon and take possession <br /> of the Property, or any part thereof, in its own name or in the name of Trustee, arsd do any acts which it <br /> deems necessary or desirable to preserve the value, mar[cetability or rentability of the Property, or part of <br /> the Property or interest in the ProperYy; increase the income from the Property or protect the security of <br /> the Property; and, with or withaut taking passession of the Property, sue for or otherwise collect the <br /> rents, issues and profits of the Property, including those past due and unpaid, and apply the same, less <br /> costs and expenses of operation and co[le�tion attorneys' fees, ta any indebtedness sec�red by this Deed <br /> of �rust, all in such arder as Lender may determine. The entering upan and taking possession of the <br /> Property, the collection of such rents, iss+�es and profits, and the application thereof shall not cure or <br /> waive any default or notice of default under this Deed of Trust or invalidate any ac#done in response to <br /> such default or pursuant to such notice of detault; and, notwithstanding the continuance in possession af <br /> the Property or the callection, receipt and application of rents, issues or profiits, Trustee or Lender shall <br /> be entitled to exercise every right provided fior in the Credit Agreement or#he Re[aied Doc�mertts or by <br /> law upon the occurrence of any event of default, including the r9ght to exercise the power of sale; <br />