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201504543
<br /> DEED OF TRUST
<br /> (Contlnued) Page 4
<br /> Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of
<br /> Deed of Trust or u��on all 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 Inde�btedness secured by this type
<br /> of Deed of Trust; (3) a tax on this type of�eed of Trust chargeable against the Lender or the holder of the Credit
<br /> Agreement; and (��) a sper.ific tax on all or any portion of the Indebtedness or on payments of principal and
<br /> interest made by Trustor.
<br /> Subsequent Taxes. If any tax to 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 delinquerrt, or (2) contests the tax as provided above in the Taxes and L.iens section and deposits with
<br /> Lender cash or a sufficient corporate surety bond o�other security satisfactory to Lei�der,
<br /> SECURITY AGREEMENI'; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a
<br /> security agreement are�i p�rt of this Deed of Trust:
<br /> Security Agreement. This instrument shall constitute a Security Agreement to ttie 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 amended from time to time.
<br /> Security Interest. Upon request by Lender, Trustor shall take whatever action is r�aquested 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 property records, Lender may, at any time and without further authorization from Trustor, file executed
<br /> counterparts, copies c�r reproductions of this Deed of Trust as a financing statement. Trustor shall reimburse
<br /> Lender for all expei�ses 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 receip4 of writte:n demand from Lender to the
<br /> extent permitted by applicable law.
<br /> Addresses. The i�nailing addresses of Trustor (debtor) and Lender (secured p�arty) 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 ASSURANCE:S; ATTORNEY-IN-FACT. The following provisions relating to �urther assurances and
<br /> attorney-i�-fact are a part of this Deed of Trust:
<br /> Further Assurances. At any time, and from time to time, upon request of Lender, 1"rustor will make, execute and
<br /> deliver, or will cause to be made, executed or delivered, to Lender or to Lender's de:�ignee, and when requested by
<br /> Lender, cause to be fiRed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices
<br /> and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security
<br /> agreements, financing statements, continuation statements, instruments of further assurance, certificates, and
<br /> other documents aso may, in the sole opinion of�ender, be necessary or desirable in order to effectuate, complete,
<br /> perfect, continue, c�r preserve (1) Trustor's obligations under the Credit Agreement, this Deed of Trust, and the
<br /> Related Document�,, and (2) the liens and security interests created by this Deed of Trust on the Property,
<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 costs and expenses incurred in connec:tion with the matters referred
<br /> to in this paragraph.
<br /> Attorney-in-Fact. I'f Trustor fiails 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 /> 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 opinion, to accomF�lish the matters referred to in
<br /> the preceding paraciraph.
<br /> FULL PERFORMANCE. If Trustor pays all the Indebtedness when due,terminates the credit line account, and otherwise
<br /> performs all the obligaticros imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to Trustee
<br /> a request for full recor�ve�rance 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 F'ersonal Property. Any
<br /> reconveyance fee requin:d by law shall be paid by Trustor, if permitted by applicable law.
<br /> EVENTS OF DEFAULT. Trustor will be in default under this Deed of Trust if any of the following happen: (A) Trustor
<br /> commits fraud or make:; a material misrepresentation at any time in connection with th�s Credit Agreement. This can
<br /> include, for example, a false statement abo�t Trustor's income, assets, liabilities, or any other aspects of Trustor's
<br /> financial condition. (B) Trustor does not meet the repayment terms of ihe Credit Agreement. (CI Trustor's action or
<br /> inaction adversely affects the collateral or Lender's righis in the collateral, This can include, for example, failure to
<br /> maintain required insura��ce, waste or destructive use of the dwelling, failure to pay taxe;>,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 I�y the holder of another lien,or the use of funds or the dwelling f�or pro�ibited purposes.
<br /> RIGHTS AND REMEDIE9� OIV DEFAU�T. 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 rights and remedies:
<br /> Acceleration Upon Default;Additional Remedies. If any Event of Default occur� as per the terms of the Credit
<br /> Agreement sec:ured 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 k:ind. 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 Trvstee, and do any acts which it
<br /> deems necessary or desirable to preserve the value, marketability or rentat�ility of the Property,or part of
<br /> the Property or interest in the Property; increase the income from the Pro��erty or protect the security of
<br /> the Property; and, with or without taking possession of the Property, sue for or otherwise collect the
<br /> rents, issues and profits of the Property, including those past due and un��aid, and apply the same, less
<br /> costs and ex�enses of operation and collection attorneys' fees,to any indebtedness secured by this Deed
<br /> of Trust, all in such order as Lender may determine. The entering upon and taking possession of the
<br /> Property, the collection of such rents, issues a�d profits, and the applica�tion thereof shall not cure or
<br /> waive an�� default or notice of default under this Deed of Trust or invalidate any act done in response to
<br /> such default or pursuant to such notice of default; and, notwithstanding the continuance in possession of
<br /> the Property or the collection, receipt and application of rents, issues or ��rofits, Trustee or Lender shall
<br /> be entitleci tu exercise every right provided for in the Credit Agreement or the Related Documents or by
<br /> law upon the occurrence of any event of default, including the right to exercise the power of sale;
<br /> (b) Commence an action to foreclose this Deed of Trust as a mortgage, aF�point a receiver or specifically
<br /> enforce any of the covenants hereof; and
<br /> (c) Delive:r to Trustee a written declaration of default and demand for sale and a writtera notice of default
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