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2� 1 ��7227
<br /> DEED �F TRUST
<br /> ��ontinued� Page 4
<br /> Application of Net Proceeds. I�all or any part of the Property is oondemned by eminent domain procee�iings or by
<br /> any prooeeding or purchase in lieu of condemna�ion, Lender may at its�le�tivn require tha�all or any portion�f the
<br /> net prooeeds af the award be applied to the I ndebtedness or the repai r or restoratian af�he Prvperty. The net
<br /> proaeeds of the award sha�! mean the award after payment af a�l r�sonable�osts, expenses, and attorneys'fees
<br /> incurred by Trustee vr Lender in connection with the condemnatian.
<br /> IMP�SITi�N �F TA�t'E5, F�ES AND C'HARGES B�f G�VERNNIENTAL AUTHDRITIES. The fa�lowing provisions re�ating
<br /> to governmental taxes,fees and charges are a par#o�#his De�d af Trust:
<br /> Curren#Tax�s, Fees and Charges. Upon reques# �y Lender, Trustar shall execute such dacuments in addition to
<br /> this Deed af Trust and take whate�sr vther action is requested by Lender to perfect and cvntinue Lender's iien an
<br /> the Real Property. Trustor shall reimburse Lender far ali taxes, as described bel�w, tagether with al! expenses
<br /> incurred in recording, perfe�ting or cvn�inuing this Deed of Trust, in�luding without �imitation all taxes, fees,
<br /> dv�umentary stamps,and other charges for�ecording❑r registering this Deed af Trust.
<br /> Taxes. The following shall const�tute taxes tv which this section app[ies: �'!} a spe�if�c tax upQn this type af
<br /> Deed of Trust or upon afl or any part of the fndebtedness secured by this ❑eed of Trust; ��} a specifiic tax on
<br /> Trustor which Trus#or is authvrized or required to deduct from payments on the Indebtedness secur�d by this type
<br /> ot Deed of Trust; �3} a tax on this type of Deed of Trust chargeable agains#the Lender or the holder of the Credit
<br /> Agreement; and (4) a specific tax an all or any portion of the Indebtedness or t�n payments of principaE and
<br /> �n#erest made by Trus�or.
<br /> Subsequent Taxes. 1f any tax to whi�h this se�tian appiies is enacted subsequent tv the date vf this Decd o'f
<br /> Trust, this e�ent shal! ha�e the same effe�t as an E�errt of Default, and Lender may exe�-ase any or all vf its
<br /> a�ailable remedies far an E�ent of Default as pro�ided below unless Trustor either (1} pays the tax before it
<br /> beoomes d�l�nquent,vr ��} contests the tax as pro�ided aba�e in the Taxes and Liens section and deposits with
<br /> Lender cash ar a su�fi�ient oor�orate surety bond or ather security satisfactvry to Lender.
<br /> SECURITY AGREEMENT; FINAN�ING STATEMENTS. The following pra�isians relating tv this Deed of Trust as a
<br /> s�curity agreement are a part of this Deed o�Trust:
<br /> Security Agreement. This instrument shall consti#ute a Security Agreement to the ex�ent any of the Praperty
<br /> constitu#es fxtures, and Lender shall ha�e all of the righ�s af a secured party und�r the Unifvrm ��mmercial Code
<br /> as amended fro m ti me ta ti m e.
<br /> Security lnterest. Upon requ�st by Lender, Trustor shall take whate�er action is requested by Lender to perfect
<br /> and cantinue Lender's security interest in the Per-sonal Prvperty. 1n additian to recording this Deed of Trus# in the
<br /> real praperty recards, Lender may, at any time and withvut fur#her authorization from Trustor, fiie executed
<br /> caunterparts, cvpies a�' repraductions af this Deed vf Trust as a financing statement. Trustor shal! reimburse
<br /> Lender for a!i expenses incurred in p��fecting or cantinuing this security interest. Upvn default, Trustor shall not
<br /> remo�e, se�er or d�tach the Personal Prapsrty frarn the Praperty. Upon de�ault, Trustar shall assemble any
<br /> Persona! Property no# �ffixed to th� Praper#y in a manner and at a pla�e reasonably �vn�enient to Trustor and
<br /> Lender and make it a�ailable to Lender►►vithin thre� �3} days after receipt vf written demand from Lender to the
<br /> extent permitted by apQlicable law.
<br /> Addresses. The mailing addresses of Trustor �debto�} and Lender �secured party} from which infvrmatEon
<br /> cvncerning the security interest gran#ed by this Deed of Trust may be obtained �each as requi�ed by the llniform
<br /> �ommercial Code}are as stated on the first page vf thFs Deed of Trust.
<br /> FURTHER ASSURANCES; ATTURNEY-IN-FAGT. The following pro�isions relating tv furthe� assurances and
<br /> attorney-in-fact are a part of this Deed of Trust:
<br /> Further Assurances. At any time, and frvm�ime to tirne, upon request of Lender, Trustor wi�l maks, execute and
<br /> deli��r,or will cause to be m�e,executed ar delivered,to Ler�der or to Lende�'s designee,ar�when requested by
<br /> Lender, cause tv be fi!ed, reovrded, r�fi�ed, or rereoorded, as the case may be, at such ti mes and i n such vff oes
<br /> and plaoes�Lender may deerr�appropriate, any and all suc�mortgages, deeds o�trus#, security deads, security
<br /> agreernents, financing sta#ements, ovntinuat�on statements, instruments of further assuranae, Gertificates, and
<br /> other documents as may, in the sv�e opinian of Lender, be neoessary or desirable in order tv e�fec#uate,camplete,
<br /> perfe�t, vantinue, or preserve ['!} Trustor's obligations under the Cr-edit►4�greement,this Deed of Trust, and the
<br /> Rela�ted Documents,and �2} the liens and ser�.�rity interests cxeated by this Deed of Trust as frrst and prior liens
<br /> on the PrQperly,wheth�r now awned or hereafter aoquired by Trustor. Unless prohibited by law vr Lender agrees
<br /> ta the oontrary in wri��ng, Trustor shali r�irr�urse Lender for al!ovsts and e�enses incurred in oonne�ction w�#h the
<br /> matters r�ferred ta in this paragra�h.
<br /> Attorney-in-Fa�t. If Trustar fails to da any af the things referred to in the preoeding paragraph, Lender may do so
<br /> �or and in the name o#Trustar and at Trusto�'s expense. Far such purposes,Trustor hereby irre�acably appaints
<br /> Lender as Trustar's att�rney-in-fact f�r the purpase af making,executing,deii�ering,filing, reQarding,and doing all
<br /> vther things as may be neoessary or desirable, in Lenders sole opinion, to aocvmplish the matters re�erred to in
<br /> the preoed�ng paragraph.
<br /> FULL PERF4RMANCE. If Trustar pays a�l the Indebtedness when due,terrninates the�redit line aacount, and othen►vise
<br /> perForms all the obligations imposed upvn Trustor under this Deed af Trust, Lender shall execute and deliver to Trustee
<br /> a request for �ull reovn�eyanae and shall execute and deii�er to Trustar suitable statements af termination of any
<br /> financing statement on ftle e�idencing Lender� security interest in the Rents and the Persvnal Prvperty. Any
<br /> reovn�eyanoe fee required by�aw shall be paid by Trusto�-, if permitted by applicable law.
<br /> EVENTS �F DEFA�LT. Trust�r will be in default under this Deed af Trust��any of the fvllowing happen: {A� Trus#ar
<br /> commits fraud or makes a material misrepresen#at�on at any time in cvnnection with the Credi�Agreement. This can
<br /> in�lude, for example, a false statement about Trustar's income, assets, liabilities, or any other aspe�ts of Trustor's
<br /> financial condition. {B} Tr-ustor does not meet#he repaymen#te�ms of the Credit Agreement. �C} Trustor's action or
<br /> ina��ion ad�ersely affects the collateral or Lender's rights in the collateral. This can inc�ude, for example, failure #o
<br /> maintain requi�-ed insurance,was#e or destructi�e use of the dwelling,failure tv pay taxes,death of all persons liable an
<br /> the account, transfer ❑f title �r sale vf the dweiling, crea#ion of a senior ��en on the dwelling w�thout Lender's
<br /> permissivn,fore�ivsure by the holder o�another li�n,or the use of funds ar the dwelling far prohibited purpvses.
<br /> Rl�HTS AND REMEDIES�N DEFAULT. If an E�er�t o�Default vccurs under this Deed vf Trust, at any��me thereafter,
<br /> Truste�or Lender may exercise any one or mare af the follvwing rights and remedies:
<br /> Acce�eration Upon Default; Additional Remedies. If any E�ent af Default oc�urs as per the terms vf the�redit
<br /> Agreement secured hereby, Lender may declane aEl Indebtedness secured by this Deed of Trust to be due and
<br /> payable and the same shall ther�upc�n l�eaarrtie due and payable without any presen�men�,demand, prvtest vr
<br /> notice vf any kind. Thereafter, Lender may:
<br /> [a} Either in person ar by agent, with or withaut bring�ng any action or prviceeding, ar by a �ecei�er
<br /> appvin�ed by a court and without regarcf to the adequa�y of its security, enter upon and take passession
<br /> a#�he Property,or any par�therevf, in�ts own name or in the name of Trustee, and do any a�ts which it
<br /> deems neaessary or desirabie to preserve the�alue, marketability or rentability vf the Praperty,vr part of
<br /> the Property ar interest in�he Property; increase the�noome f�om the Property or protect the security af
<br /> the Property; and, with or without taking possession of the Property, s�e for ar otherwise collect the
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