2� 1 ��522�
<br /> �EE� vF �r�us�r
<br /> �Continu�d� Pag� �
<br /> incurr�d in �ecording, per�ecting or con�inuing �his Deed of Trust, including withou� limitation all taxes, fees,
<br /> documen�ary stamps, and other charges fo��ecording or�egistering this ❑eed of Trust.
<br /> Taxes. The follawing sha11 cansti�ute taxes to which this sec�ion applies: (1} a specific tax upon #his type of
<br /> Deed o�T�ust or upon al! or any part of the lndeb�edness secured by this Deed o'�Trust; t2} a specific tax on
<br /> Trusfor which Trus�or is autharized �r required to deduc�from payments on th� Indebtedness secured by this type
<br /> o�Deed o�Trus�; �3} a�ax on�his type of Deed o�Trus�chargeable against the Lender or the ho�der❑f th�Credi�
<br /> Agreement; and �4} a specifc tax on a�l ar any por��on o� the Indebt�dness or on paymen�s of principal and
<br /> interest made by Trusto�.
<br /> Subsequent 'Taxes. If any tax to which this se�tion applies is enacted subsequen� �o �he date o�th�s Deed of
<br /> Trust, this event shal� ha�e the same effec� as an Event of D��aul�, and Lender m�y exe�cise any or all o� its
<br /> available rem�d�es for an E�enf of Defau�t as provided be�ow unless T�ustor ei�her �'�} pays #he tax befare if
<br /> becomes del�nquent, or �2} �ontests the tax as pro��ded above in the Taxes and Liens sec�ion and deposi�s with
<br /> Lender cash or a suificient�orporate surety band or other security satisfactary�o Lender.
<br /> SECURITY AGREEMENT; FINANC�NG STATEMENTS, The �ollaw�ng provisions re�a�ing �o �his ❑eed of Trus� as a
<br /> securi�y agreemen�a�e a part af�h�s Deed of Trus�:
<br /> Security Agreement. Th�s instrument sha�l constitute a Security Ag�eemen� to the extent any of #he Property
<br /> cons�itutes fixtures, and Lender shall have all of�he righ#s of a secured pa�y under�he Uniform Commercia� Code
<br /> as amended from t�me�o time.
<br /> Security Interest. Upon request by Lend�r, Trustor sha�l �ake whate�er action is requested by Lender tQ perfect
<br /> and con�inue Lender's security interes� in the Personal Property. �n add�tion t� record�ng�his Deed o�Trust in the
<br /> �eai property records, Lender may, at any fime and withou� further autharizativn from Trustor, file �xecuted
<br /> c�unterparks, copies o� reproductions ❑f this Deed of Trust as a financing s�a�ement. Trustor shal[ r�imburse
<br /> Lender for aff expenses �ncurred in p�rfecting or con�inuing �his secu�i�y interest. Upon de�au�t, Trustor sha�f nat
<br /> remove, se�er or detach the Personal Praperty �r�om the Property. Upon de�au��, Trust�r shalf assemhle any
<br /> Persanal Property nat affixed �o the Property in a manner and at a pface reasonably convenient to Trustor and
<br /> Lender and make it a�a��ab�e to Lender w�thin three (3} days after receipt ❑f written demand from Lender to the
<br /> ex�ent permitted hy applicable law.
<br /> Addr�sses. The mailing addresses �f Trus�o� �d�b�or} and L�nder �secured par�y} from which informat�on
<br /> �oncerning fhe seGurity inter�st granted by this ❑eed of Trust may be ob�ained �each as required by th� Uni�o�m
<br /> �ommercial Code}are as sta�ed on�he first page o�this Deed of Trust.
<br /> F�RTHER ASSURANCES; ►4TT�RNEY-lN�FA�T. The fo�lowing provis��ns relating to further a55u1'�nC�?5 and
<br /> attarney-�n-fact are a part of this Deed of Trust:
<br /> Further Assurances. At any time, and from #ime to time, upon request of Lend�r, Trustar wilf make, execute and
<br /> deliver, or will cause�❑ be made, executed o�deli�ered, to Lender or to Lender's designee, and when requested by
<br /> Lender, �ause to be filed, recorded, re�iled, ar rerec�rded, as �he case may be, at such times and in such of�ices
<br /> and pfaces as Lender may deem appr�priate, any and alf such mortgages, deeds of trust, security deeds, security
<br /> agreemen�s, financing s�atements, continuation statements, ins�ruments o� further assurance, ce�ificates, and
<br /> other documents as may, in the sole opinion o��ender, be necessary�r desirable in order to ef�ectuate, c�mpfe�e,
<br /> perfect, con�inue, or preserve �'�} Trustor's ob�igations under the Credit Agreement, �his Deed af T�ust, and �he
<br /> Re(ated ❑ocuments, and �2} the liens and security interests created by this Deed of T�ust on the Prop��ty,
<br /> whether now owned or hereafter acquired hy Trusto�. Unless prohibited �y!aw or Lender agrees ta the�antrary in
<br /> wri�ing, Trus�or shall �eimburse Lende�for afl casts and expenses incurred in connec�ian w�th �he ma�ters re'�erred
<br /> to in this parag�aph.
<br /> Attorneywin-Fact, I�T�us�or fai�s fo do any of the things referred �a in the preceding paragraph, Lender may do sa
<br /> far and in the nam� o�Trus�or and at Trus�or's expense. Far such purpases, Trustor hereby irrevocab�y appoints
<br /> Lender as Trus��r's at�orney--in-fact for�he purpose of making, execu�ing, delivering, filing, recording, and doing a�l
<br /> ather th�ngs as may be necessary or desirab�e, in Lender's sa�e apinian, to accomplish �he matters referred to �n
<br /> the pre�eding parag�-aph.
<br /> FULL PERF�RIIJIANCE. If Trustor pays afl the lndeb�edness when due, termina�es the �redi�line account, and otherwise
<br /> perForms all the abligations imposed upan Trus�or under this Deed of T�ust, Lender shall execute and deli�er to Trustee
<br /> a request f�� �u�l rec�nv�yance and sha11 execute and de�i�er �o Trus�or suitable statements of #ermina�ian of any
<br /> �inancing statement on f�le e�idenc�ng Lender`s secur�ty interest in the Rents and �he Personal Proper�y. Any
<br /> recon�eyance fee requi�ed by law shal� be paid by Tru�tar, i�F permitfed by applicabfe law.
<br /> EVENTS C]F ❑EFAULT. Trustor w�ll be in defaul�under this Deed of Trus�if any of the fo�lowing happen: �A} Trustor
<br /> commits fraud o� mak�s a material misrepresen#atian a� any time in connection with th� Credit Agreement. This can
<br /> include, for example, a �afse s�atemen� abou� Trustor's income, assets, I�ab�lities, or any other aspec�s of Trustor's
<br /> finan�ia[ condition. �8} Trustor daes no�mee�the repayment�erms o��he C�edit Agreement. �C} Trustar's act�on or
<br /> inact�on ad�erseiy afFects the collateral or Lender`s rights in the cfllla�eral. This can inc[ude, �or example, failure t�
<br /> maintain required insurance, waste or destruc�i�e use o�the dwe��ing, faifure�ti pay taxes, death of a[I persans liable on
<br /> th� accaunt, �ransfer of t�t�� or sale af the dwe�ling, creation of a senior iien on �he dw�lling withou� Lender's
<br /> permission, forecl�sure by the hald�r o�another lien, or�he use❑f funds or the dwel�ing for prohibifed purposes.
<br />
|