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2� 1 �� 1 �75
<br /> aEEa oF TRusT
<br /> ��antinued� Page 4
<br /> T�xes. The follawing shall constitute tax�s t❑ which this section applies: ��� a sp�ci#�c tax upon this type of
<br /> Deed af Trust or upon all or any part vf the Indebtedness secured by this Deed of Trust; �2� a specific tax on
<br /> Trust�r which Trustvr is authorized or required to deduct from payments an the Indehtedness secu�ed by th�s type
<br /> of Deed of Trust; �3y a tax on th�s type of Deed of Trust chargsable against the L�nder vr the holder of the Cr�d�t
<br /> Agreement; and �4� a specific tax on all or any pvrtion v# the Indebtedness or an payments of principai and
<br /> interest made by Trustor.
<br /> Subsequent Taxes. If any tax t❑ which this section applies is ena�ted subsequent to the date of this Deed of
<br /> Trust, this e�ent shall ha�e the same effect as an E�ent o# De�ault, and Lender may exerc�se any or all of its
<br /> a�aila�le remedies for an E�ent �f Default as pro�ided below unless Trustvr either �1 j pays the tax before it
<br /> ��comes delinquent, vr {�y contes#s the tax as pra�ided ab��� in the Taxes and Liens section and deposits with
<br /> Lender cash ar a sufficient carpv�ate surety bond or other security sa�isfactary tv Lender.
<br /> SECURITY AGREENlENT; FINANCING STATEMENTS. The folfowing pro�is��ns relating ta this Dsed �f Trust as a
<br /> security agreem�n�are a par��f this Deed of Trust:
<br /> Securi#y Agreement. This instrument shall constitute a 5ecurity Agreement to the extent any of the Property
<br /> constitutes fixtures, and Lender shall ha�e all of the righ�s ❑f a secured party under the Uniform �vmmercial Code
<br /> as amended from time to time.
<br /> Security Interest. Upon request by Lender. Trustvr sha�l take whate�er action is requested �y Lender ta perfect
<br /> and continu� Lender`s security �nterest in the Persanal Property. In addition ta recording this Deed vf T�ust in the
<br /> real prvperty records. Lender may� at any time and without further authorization from Trustor, file exe�uted
<br /> counterpa�ts, cvpies or reproductions of this Deed of Trust as a finan�ing s#atement. Trustar shall reimburse
<br /> Lender for al! expenses incurred in perfe�ting ❑r can#inuing this security interest. lJpvn default, Trustor shall not
<br /> remo�e, se�er or detach #he Personal Prvperty f�vm the Prvperty. Upan default, Trustor shall assemble any
<br /> Personal Property nat affixed to the Praperty in a manner and at a place reasanably con�enient ta Trustor and
<br /> Lender and make it a�ailal�le to Lender within thre� �3j days after rec�ipt of writ#en demand frnm Lender to the
<br /> extent permitted hy applicable law.
<br /> Addressgs. The mailing addresses of Trustor �debtory and Lender �secured party� #rom which infvrmation
<br /> concerning ths security int�rest granted by this Deed of Trust may be obtained �each as required hy the Uniform
<br /> Commercial Codef are as stated an the first page af this ❑eed af Trust.
<br /> FURTHER ASSURANCES: ATT�RNEY-IN-FACT. The following p�o�isivns 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, upan requ�st of Lender. Trustvr wi#� mak�. execute and
<br /> deli�er, or will cause to be made, executed or deli�er�d,to Lender or to Lender's designee, and when requested hy
<br /> Lender, cause to �e fi�ed, re�orded. refiled, or rerecord�d, as the case may b�, at such times and in such offices
<br /> and places as Lender may deem apprapriate, any and all such mortgages. deeds o�trust, security deeds, security
<br /> agreements, financing statements, continuatian statements� instruments �f further assurance� certificates, and
<br /> other dacuments as may, in th� svle opinion o� Lender, be necessary or desirable in order tv effectuate, cvmplete,
<br /> per�ect� c�ntinue, �r preser�e �1� Trustor`s obligations under the Credit Agreement, this Deed of Trust. and the
<br /> Related Documents, and t2� the liens and securi#y interests created hy this Deed of Trust on the Prvperty.
<br /> whether now awned ar hereafter acquired by Trustor. LJnless prohibited by�aw vr Lender agre�s to the contrary in
<br /> writing, Trustor shall reimhurse Lender for all costs and expenses incurred in connectian w�th the ma#ters referred
<br /> #o in this paragraph. .
<br /> Attorney-in-Fact. If Trustor fails to do any ❑f the th�ngs referred to in the preceding paragraph, Lender may do so
<br /> far and in the nam� of Trustor and at Trustor's expense. For such purposes, Trustor herehy irre�ocably appoints
<br /> Lender as Trustor's attorney-in-fa�t for the purpase❑f making, executing, del��e�ing, filing, r�cording, and doing all
<br /> other things as may be necessary or desirable, in Lender's sole apinion, ta ac�amplish the matters referred t� in
<br /> the preceding paragraph.
<br /> FLJLL PERF�RMANCE. If Trustvr pays all the Indehtedness when due, terminates the�redit line account, and vtherwise
<br /> performs all the�bligations imposed up�n Trustor under this Deed of Trust, Lender shall execute and deli��r tv Trustee
<br /> a request far fuil recon�eyance and shail execut� and deli�er to Trustar suitable statements of t�rminativn of any
<br /> f'rnancing statement an fi�e e�idencing L�nder's security interes� in the Rents and the Personai Property. Any
<br /> re�on�eyance fee required by law shall be paid by Trustor, if permitted hy applicalale law.
<br /> EVENTS �F DEFAULT. Trusto�wi11 be in default under this Deed of Trust if any of the follvwing happen: tA� Trustor
<br /> �ommi#s fraud or makes a material misrepresentation at any time in connection with the �redit Agreement. This can
<br /> include, for example, a false statement abvut Trustor's in�ome, assets, liabilities, �r any othe� aspeG�s of Trustor's
<br /> financial condition. �B� Trustor does not meet the repayrnent terms of the Credit Ayreem�nt. 4Cy Trustor's a�t�on or
<br /> inaction ad�ersely affects the cvllateral ❑r Lender's rights in the collateral, This can include, for example, �ailure to
<br /> maintain required insurance� waste v�destru�ti�e use of the dweiling, failure to pay taxes, death of all persons liable vn
<br /> #he accvunt, transfer of tit�e vr sale of #he dwe�fing, creatian of a senior lien vn the dwelling without Lender's
<br /> permissian, foreclosure by the holder of another lien, or the use�f funds or the dwelling for prohibited purposes.
<br /> RlGHTS ANI] REMEDIES �1V DEFAULT. 4f an E�ent of ❑efault vc�urs under th�s Deed of Trust, at any #ime thereafter,
<br /> Trustee or Lender may exercise any ane vr more of the following rights and remedies:
<br /> Acceler�tian Upon Default;Addi#ivnal Ramedies. If any E�ent of Default occurs as per the terms of the Cr�dit
<br /> Agreement se�ured h�reby, Lender may de�iare al1 Indebtedness secured by this Deed of Trust tv be due and
<br /> payahle and the same shall thereupon become due and payable without any presentment, demand, pr�test or
<br /> notice of any kind. Thereafter, Lender may:
<br /> �a� Either in person or hy agent, with ❑r without bringing any action or proceeding, vr by a recei�er
<br /> ` appvinted by a court and without regard to the adequa�y of its security, enter upon and take posssssion
<br /> of the Property, or any part thereof, in its vwn name ar in the name of T�ustee, and do any acts which it
<br /> deems necessary or desirable t❑pres�r�e the�alue� marketability or rentab�lity of the Prvperty, or pa�t of
<br /> the Property �r interest in the Property; increase the in�ome fram the Property ❑r protect the security of
<br /> the Property; and, w�th or without taking possession vf the Property, sue for or ❑therwise collect the
<br /> rents, issues and profits af the Property, including those past due and unpaid, and apply the same, less
<br /> �osts and expenses of operation and colle�tian 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 coile�ti�n of such rents, issues and profits, and the application thereo# shall not cure or
<br /> wai�� any default v� nvtice of de#ault under this Deed ❑f Trust or in�alida�e any act dvne in response to
<br /> such default or pursuant tv such notice of default; and, natwithstanding the cantinuance in possessivn of
<br /> the Property or the collection, receipt and appficativn af rents, issues vr profits, Trustee or Lender shall
<br /> be entitled to exercise e�ery right prv��ded for in the Credit Agreement ar the Related Do�um�nts or by
<br /> law upon the occurrence af any e�ent of default� including#he right to exercise the pawer af sale;
<br /> �b� Commence an action to forec#ose this Deed of Trust as a mortgage� appoint a recei�er vr sp�cificafly
<br /> enfarce any o�the ca�enants her�of; and
<br /> �cf ❑eli�er#o Truste�a written dec�aration of de#au�t and d�mand fvr sale and a written notice of default
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