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201503234
<br /> D�ED �� T�UST
<br /> (CoP��itlu��) Page 4
<br /> any proceeding or purchase in lieu of condemnation, Lender may at its eiection require that all or any portion of the
<br /> net proceeds of the award be applied to �he Indebtedness or the repair or restoration of the Property. The net
<br /> proceeds of the award shall mean the award after payment of all reasonable costs, expenses, and attorneys' fees
<br /> incurred by Trustee or Lender in connection with the condemnation.
<br /> IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating
<br /> to governmental taxes,fees and charges are a part of this Deed of Trust:
<br /> Current Taxes, Pees and Charges. Upon request by Lender, Trustor shall execute such documents in addition to
<br /> this Deed of Trust and take whatever other action is requested by Lender to pertect and continue Lender's lien on
<br /> the Real Property. Trustor shall reimburse Lender for all taxes, as described below, together with all expenses
<br /> incurred in recording, pertecting or continuing this Deed of Trust, including without limitation all taxes, fees,
<br /> documentary stamps,and other charges for recording or registering this Deed of Trust.
<br /> Taxes. The foilowing shall constitute #axes to which this section applies: (1) a specific tax upon this type of
<br /> Deed of Trust or upon ali or any part of the Indebtedness secured by this Deed 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 the Lender or the holder of the Credit
<br /> Agreement; and (4) a specific tax on all or any portion of the Indebtedness or on payrnents of principai and
<br /> interest made by Trustor.
<br /> Subsequent Taxes. If any tax Yo which this section applies is enacted subsequent to the date of this Deed of
<br /> Trust, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its
<br /> available remedies for an Event of Default as provided below unless Trustor either (1) pays the tax before it
<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 security satisfactory to Lender.
<br /> SECURITY AGREEP�t�NT; FINANCING STATEMENTS. The following 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 Seeurity 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 Uniforrn Commercial Code
<br /> as amended from time to time.
<br /> Security Interest. Upon requsst by Lender, Trustor shall take whatever action is requested by Lender to perfect
<br /> and continue Lender's security interest in the Persona! Property. In addition to recording this Deed of Trust in the
<br /> real property records, Lender may, at any time and without further authorization from Trustor, file executed
<br /> counterparts, copies or reproductions of this Deed of Trust as a financing statement. Trustor shail reimburse
<br /> Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Trustor shall not
<br /> remove, sever or detach the Personal Property from the Property. Upon default, Trustor shall assemble any
<br /> Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Trustor and
<br /> Lender and make it available to Lender within three (3) days after receipt of wrritten 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 security interest granted by this Deed of Trust may be obtained (each as required by the Uniform
<br /> Commercial Code)are as stated on the first page of this Deed of Trust.
<br /> FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and
<br /> attorney-in-fact are a part of this Deed of Trust;
<br /> Further Assurances. At any time, and from time to time, upon request of Lender, Trustor will make, execute and
<br /> deliver, or will cause to be made,executed or delivered, to Lender or to Lender's designee,and when requested by
<br /> Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices
<br /> and piaces as Lender may deem appropriate, any and akl such mortgages, deeds of trust, security deeds, security
<br /> agreements, financing statements, continuatiorr staternents, instruments of further assurance, certificates, and
<br /> other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete,
<br /> pertect, continue, or preserve (1) Trustor's obligations under the Credit Agreement, this Deed of Trust, and the
<br /> Related Documents, and (2) the liens and security interests created by this Deed of Trust as first and prior liens
<br /> on the Property,whether now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees
<br /> to the 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 fails to do any of the things referred to in the preceding paragraph, Lender may do so
<br /> for and in the name of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints
<br /> Lenderas Trustor's attorney-in-factfor the purpose of making, executing, delivering, filing, recording, and doing all
<br /> other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referreci to in
<br /> the preceding paragraph,
<br /> FULL PERFOR�NCE. If Trustor pays all the Indebtedness when due, terminates the credit line account, and otherwise
<br /> pertorms all the obligations imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to'frustee
<br /> a request for fuU reconveyance and shall execute and deliver to Trustor suitable statements of termination of any
<br /> financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Any
<br /> reconveyance fee required by law shall be paid by Trustor, if permitfed by applicable law.
<br /> EVENTS OF DEFAULT. Trustor wiil be in default under this Deed of Trust if any of the foilowing happen: (A) Trustor
<br /> commits fraud or makes a material misrepresentation at any time in connection with the Credit Agreemenf. This can
<br /> include, for example, a false statement about Trustor's income, assets, liabilities, or any other aspects of Trustor's
<br /> financial condition. (B) Trustor does not meet the repayment terms of the Credit Agreement. (C) Trustor's action or
<br /> inaction adversely affects the collateral or Lender's rights in the collaterai. This can indude, for example, failure to
<br /> maintain required insurance,waste or destructive use of the dwelling, failure to pay taxes, death of all persons liable on
<br /> the account, transfer of title or sale of the dwelling, creation of a senior lien on the dwelling without Lender's
<br /> permission,foreclosure by the hoider of another lien, or the use of funds or the dwelling for prohibited purposes.
<br /> RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter,
<br /> Trustee or Lender may exercise any one or more of the following righYs and remedies:
<br /> Acceleration Upon Default;Additional Remedies. If any Event of Default occurs as per the terms of the Credit
<br /> Agreement secured hereby, Lender may declare all Indebtedness secured by this Deed of Trust to be due and
<br /> payable and the same shall thereupon become due and payable without any presentment, demand, 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 receiver
<br /> appointed by a court 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 /> deerns necessary or desirable to preserve the value, marketability 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 wifhouf taking possession 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
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