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03 -18 -2000 200002267 DEED OF TRUST <br />Loan No 766659 (Continued) <br />Page 5 <br />Trustor. <br />Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall have the <br />same effect as an Event of Default (as defined below), and Lender may exercise any or all of its available remedies for an Event of Default as <br />provided below unless Trustor either (a) pays the tax before it becomes delinquent, or (b) contests the tax as provided above in the Taxes and <br />Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. <br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part of <br />this Deed of Trust. <br />Security Agreement. This instrument shall constitute a security agreement to the extent any of the Property constitutes fixtures or other <br />personal property, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to <br />time. <br />Security Interest. Upon request by Lender, Trustor shall execute financing statements and take whatever other action is requested by Lender <br />to perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Deed of Trust in the real <br />property records, Lender may, at any time and without further authorization from Trustor, file executed counterparts, copies or reproductions of <br />this Deed of Trust as a financing statement. Trustor shall reimburse Lender for all expenses incurred in perfecting or continuing this security <br />interest. Upon default, Trustor shall assemble the Personal Property in a manner and at a place reasonably convenient to Trustor and Lender <br />and make it available to Lender within three (3) days after receipt of written demand from Lender. <br />Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party), from which information concerning the security interest <br />granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code), are as stated on the first page of this Deed <br />of Trust. <br />FURTHER ASSURANCES; ATTORNEY —IN —FACT. The following provisions relating to further assurances and attorney —in —fact are a part of this <br />Deed of Trust. <br />Further Assurances. At any time, and from time to time, upon request of Lender, Trustor will make, execute and deliver, or will cause to be <br />made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or <br />rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, <br />deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, <br />and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or <br />preserve (a) the obligations of Trustor under the Note, this Deed of Trust, and the Related Documents, and (b) the liens and security interests <br />created by this Deed of Trust on the Property, whether now owned or hereafter acquired by Trustor. Unless prohibited by law or agreed to the <br />contrary by Lender in writing, Trustor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in <br />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 for and in the name of <br />Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints Lender as Trustor's attorney —in —fact for the purpose <br />of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole opinion, to <br />accomplish the matters referred to in the preceding paragraph. <br />FULL PERFORMANCE. If Trustor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Trustor under this <br />Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to Trustor suitable <br />statements of termination of any 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 permitted by applicable law. <br />DEFAULT. Each of the following, at the option of Lender, shall constitute an event of default ( "Event of Default ") under this Deed of Trust: <br />Default on Indebtedness. Failure of Trustor to make any payment when due on the Indebtedness. <br />Default on Other Payments. Failure of Trustor within the time required by this Deed of Trust to make any payment for taxes or insurance, or <br />any other payment necessary to prevent filing of or to effect discharge of any lien. <br />Compliance Default. Failure of Trustor to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the <br />Note or in any of the Related Documents. <br />False Statements. Any warranty, representation or statement made or furnished to Lender by or on behalf of Trustor under this Deed of Trust, <br />the Note or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished. <br />Defective Collaterallzation. This Deed of Trust or any of the Related Documents ceases to be in full force and effect (including failure of any <br />collateral documents to create a valid and perfected security interest or lien) at any time and for any reason. <br />Death or Insolvency. The death of Trustor, the insolvency of Trustor, the appointment of a receiver for any part of Trustor's property, any <br />assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or <br />insolvency laws by or against Trustor. <br />Foreclosure, Forfeiture, etc. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self —help, repossession <br />or any other method, by any creditor of Trustor or by any governmental agency against any of the Property. However, this subsection shall not <br />apply in the event of a good faith dispute by Trustor as to the validity or reasonableness of the claim which is the basis of the foreclosure or <br />forefeiture proceeding, provided that Trustor gives Lender written notice of such claim and furnishes reserves or a surety bond for the claim <br />satisfactory to Lender. <br />Breach of Other Agreement. Any breach by Trustor under the terms of any other agreement between Trustor and Lender that is not remedied <br />within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Trustor <br />to Lender, whether existing now or later. <br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor <br />dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. Lender, at its option, <br />may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the obligations arising under the guaranty in a <br />manner satisfactory to Lender, and, in doing so, cure the Event of Default. <br />Insecurity. Lender in good faith deems itself insecure. <br />Existing Indebtedness. A default shall occur under any Existing Indebtedness or under any instrument on the Property securing any Existing <br />