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201500967
<br /> DEED OF TRUST
<br /> Laan No: 8�2Q59959 [Continued) Page 4
<br /> this Deed of Tr�st and take whatever other actian is requested by Lender to perfect and co�tinue Lender's lien an
<br /> the Real Properry. Trustor shal€ reimburse lender for al[ #axes, as cEescribed belaw, together w9th al1 expenses
<br /> incurred in recording, perfecting or continuing this Deed of Trust, including without limitaiion al[ taxes, fees,
<br /> documentary stamps, and other charges for recording or registering this Deed of Trust.
<br /> Taxes. The following shall constituFe taxes ta which this section applies: [1) a specific tax �pon this type of
<br /> Deed of Trust or upon al] or any part of ihe Indebtedness secured by this Daed of Trust; {2) a specific tax on
<br /> Trustor which Trustor is a�thor'szed ar required to deduct from payments on#he ]ndebtedness secured by this type
<br /> of Deed of 7rust; (31 a tax on this type of Deed of Trust chargeable againsY the Lender or the holder of the Crecfit
<br /> Agreement; and {4) a specific tax an all ar any portion af the Indebtedness or on payments af principal and
<br /> in#erest made by Tr�stor.
<br /> Subsequent Taxes. If any tax to which ihis section applies is enacted subsequent to ihe date of this Deed of
<br /> Trust, this e�ent shali ha�e the same effect as an E�ent of Default, and Lender may exercise any or all of its
<br /> available rerr�edies for an Event of Default as provided 6elow unless Trustor either (i} pays ihe tax before 'st
<br /> becomes delinquent, or {2) contests the tax as provided above in the Taxes and Liens section and deposits with
<br /> Lender cash or a sufficient corporate surety bond or other securi#y satisfactory to Lender.
<br /> SECURITY AGR�El411ENT; Ff[1[ANC{[1[G STATEME[1[TS. The fol[owing provisions relating to this Deed of Trust as a
<br /> security agreement are a part vf this Deed qf Trust:
<br /> Security ragreement. This instrument shal] constitute a Security Agreement to the extent any of the Property
<br /> constitutes fixtures, and Lender shall have all of the rights of a secured party under the UniForm Commercial Code
<br /> as amend�d from time to time.
<br /> Secarity fnterest. Upon request by Lender, Trustor shall ta[ce whatever action is requested by Lender to perfect
<br /> and continue Lender`s security interest in the Personal Property. In addition to recording this Deed of Trust in the
<br /> real properry records, �ender may, at any time anc# without further authorization from Trustor, fi[e executed
<br /> caunterparts, copies or reproductions of this Deed of Trust as a financing statement. Trustor shall reimburse
<br /> Lender for all expenses incurred in perfecting or continuing this security interest_ Upon default, Trustor shall not
<br /> rerno�e, sever or detach the Personal Property from the Property. lJpon default, Trustor shall assemble any
<br /> Personal Property not affixed to the Property in a mannes and at a place reasonal�ly convenient to Trustor and
<br /> Lender and make it available to Lender within ihree l3} days after receipt ofi written demand from Lender to the
<br /> extent permitted by applicable law.
<br /> Addresses. The mailing addresses of Trustor {debtor} and Lender [secured party} from which information
<br /> concerning the securi€y 9nterest granted by this Qeed of Trust may be obtained (exch as required by the Uniform
<br /> Commercial Code} are as sYated on the first page of Chis Deed of Trust.
<br /> FURTHER ASSURANCES; ATTORNEY-IN-FACT. The fo[lowing provisions relating to further assurances and
<br /> attorney-in-fact are a part o€this Deed of Trust:
<br /> Further Assarances. At any time, and from time to time, upon request af Lender, Trustor will make, execute and
<br /> deliver, or will cause to ba made, executed or delivered, to Lender or#o Lender's designee, and when requested by
<br /> Lender, cause to be filed, recorded, refi[ed, or rerecorded, as the case may be, at such times and in suclt ofFices
<br /> and places as Lendes may deem appropriate, any and afl such mortgages, deeds of trust, security deeds, security
<br /> agreements, financing statements, continuation statements, instrurrtents of further assurance, certificates, and
<br /> other documents as may, in the sale opinion of Lender, be necessary or desirable in order to effectuate, complete,
<br /> perfect, continue, or preserve [1} Trus€or's obligations under the Credit Agreement, this Deed of Trust, and the
<br /> Related Documents, and (2} Yhe iiens and security interests created by this Deed of Trus# on #he Property,
<br /> whether now owned ar hereafcer acquired by Trustor. Unless prohil�ited by law or Lender agrees to the contrary in
<br /> writing, Trustor shal] reimburse Lender for al[ costs and expenses incurred in connection with the matters refierred
<br /> to in ti�is paragraph.
<br /> Attorney-in-Fact. If Trustor fails to do any of ihe thir�gs referred to in the preceding paragrapf�, Lender may do so
<br /> for and in the name of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoir�ts
<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 desirable, in Lender's sole apinion, to accomplish the matters referred to in
<br /> the preceding paragraph.
<br /> FULL PERFpRMANCE. If Trustor pays a[I the Indehtedness when due, terminates the credit line account, and otherwise
<br /> performs all tha obligations imposed upon Trustor eander this Deed of Trust, Lender shal[ execuYe ar�d deliver to Trustee
<br /> a request for ful] recon�eyance and shall execute and deliver to Trustor su'stable statements of termination pf any
<br /> financing statement on file evidencing Lender's security interest in the Rents and the Personal ProperCy. Any
<br /> reconveyance fee required by law shall be paid by Trustor, if permitted by app€icable]aw.
<br /> EVENTS OF E7EFAULT, Trustor wil[ be in default under this �eed of Trust if any of the fol]owing happen: (A7 7rustor
<br /> commits fraud or makes a materia[ misrepresentation e# any tirne in connection with the Gredit Agreement. This can
<br /> include, for example, a false stateraent about Trustor's income, assets, liabilities, or any other aspects of Trustor's
<br /> financial condition. ($I 7rustar does not meet the repayment terms of the Credit Agreement. [C] �rustor's acEion or
<br /> inaction adversely afiFects the collateral or Lender's rights in the collateral. This can include, for example, faifure ta
<br /> maintain required insurance, waste or destructive use of Fhe dwelling, failure to pay taxes, t4eath of all persons liable on
<br /> the account, transfer af tit[e or saEe of the dwelling, creation of a senior lien on the dwe[ling without Lender`s
<br /> permission, foreciosure by the holder of another[ien, or the use of funds or the dwelling for prohibited purposes.
<br /> RIGHTS AHD REkVIED1ES QN dEFAU�T. If an Event of Default occurs under this Deed of Trust, at any time thereafter,
<br /> 3rustee or Lender may exercise any one or more of the foElowing rights and rsmedies:
<br /> Acceleratian Upon Defau[t;Additional Remedies. If any Event of Default occurs as per the terms of the Credit
<br /> Agreement secured hereby, Lender may decfare all Indebtedness secured by this Deed of Trust to be due and
<br /> payable and the same shall thereupon bscome due and payabEe without any presentment, demand, protest or
<br /> r�otice of any kind. Thereafter, Lender may:
<br /> ia) Either i� person or by age�i, with or without bringing any action or proceeding, or by a recei�er
<br /> appointed by a caurt and without regard to the adequacy of its security, enter upon and take possessian
<br /> of the Property, or any part thereof, in its own name or in the name of Trustee, and do any acts whic� it
<br /> deems necessary or desirable to preserve the�alue, rr�arketability or rentability of the Property, or parC of
<br /> the Property or interest in the Property; increase the income frpm t[�e Property or pratect t[�e security of
<br /> the Property, and, wiih or withaut taking possession of the Property, sue far or otherwise collect the
<br /> rents, issues and profits of the Property, including those past due and unpaid, and apply the same, [ess
<br /> casts and expenses of operation and collection attorneys' fees,ta any indebtedness secured by this Deed
<br /> of Trust, afl in such order as Lender may determine. The eniering upon and taking possession of the
<br /> Property, the collection of such rents, issues and profits, and the application thereof shall not cure or
<br /> waive any default or notice of defau]t under this Deed of Trust or invalidate any act done in response to
<br /> such default or pursuant to such nptice of default; and, nptwitf�standing the continuance in possession of
<br /> the Property or the collection, receipt and application of rents, issues or profits, �rustee or Lender shall
<br /> be entitled to exercise every right provided for in the Credit Agreement or the Related C)ocuments or by
<br /> law upon the occurrence of any event of default, including the right to exercise the ppwer of sale;
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