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2� 1 ��794� � �EED �F -r�usT . �Cont�nued} . Page 4 Taxes. The fo!lowing shal! constitute taxes to which t��s sec�ian applies; ��} a specific tax up�n this type of ❑eed of Trust or upvn a�� ar�ny part of the Indebtedness secured by this ❑eed ofi Trust; �� a specific tax on Trustor which Trustor is au�horized or required�o deducf from payments on the Indeb�edness secured by this type ❑t D�ed of Trust; {3} a tax on this type af L7eed o-F Trust chargeable against the Lender or the hoIder o��he Credit Ag�-eement; and {4� a specific tax on aIl or any portion of th� indebtedness ❑r on payments of prin�ipaI and i n�erest m ad e by Tru�to r. Sudsequent Taxes. I� any tax to which t�is sec�ivn applies is enacted subsequen� to �he da�e nf�his Deed o�F T�-ust, this event sha11 have the same eff�ct as an Event of ❑e�au[t, and Lende�- may ex�rcise any �r a�l of its a�aiIable remedies for an Event a�F Detau�t as prnvided beIow unfess Trusto� either {'�) pays the tax be�are it b�comes delinquent, ar �2} con�ests�he fiax as pro�ided abo�e in the Taxes and Liens sec��on and deposits wi�h � Lender cash o�-a sufficient corporate sure�r bond or other security sa�is�actory to Lender. � SECURITY AGREEMEIVT; F1NAiVC1NG STATEMEIVTS. The following pro�rsions rela�ing �v �his ❑eed o� Trust as a � security agreement at-e a part of this Deed o�Trus�: Security Agreement. This instrument shall cons�itute a Security Agreemen� to the exten� any of �he Pr�aperty i constitu�es�ix�ures; and Lender shaII have a�E of th� righ�s Qf a secured party under�he Uniform Commercial Code as amended fram time to tim�. � Security Interest. CJpon �eques� by Lender, T�ustor shall take wha�e�er action �s �equested by Lender ta perfecf and con�inue Lend�r�s security in�eres�in�the Persona� Property. 1n addition �v recording �h�s Deed of Trust in the rea� property re�ord�, Lender may, �� any t�me and without -�urther autharization from Trustar, file executed caunterparts, copies or reprodu��ons a� thts Deed of Trust as a -F�nancing sta�ement, Trustor shail reimburse Lender �or al� expenses incurred in perfecting or continuin� �his s�curity interesfi. Upon de�ault, Trustor sha!! nnt remor�e, se�er �r detach the Persona! Property from the Property. Upon de�auft, Trustar shail assemble any Persona� Properry not afiFixed �a the Proper�y in a manner and at a pIace reasonably con��nien� t❑ Trustor and Lender and make Rt a�aiIable to L�nde� wi�hin three {3} days after re�eipt ❑-� written demand from Lender to the extent permit�ed by app�icah�e law. Addresses. The mailing addresses of Trustor {debtar} and Lender �secured party} from which in�Formation , concerning �he security in�erest granted by this ❑eed of Trus� may be obtained �ea�h as requi�ed by the Uniform � Commercial Code� are as stated vn the first page of this Deed ❑f Trus�. FURTHER ASSURANCES; ATTDRNEY-IN-FACT. The following pro�isions reIating to fiurth�r assurances and atkorney-in-fact are a part of this ❑eed o-�Trust: Further Assurances. At any time, and from time to time, upon request of Lender, Trustor wit� maker execute and deliver, or wilf cause to be made, executed or deli�ered,to Lender o��o Lender's designee, and when requ�sted by � Lender, cause to be -Filed, recvrded, �efiI�d, a� rereaarded, a�the case may be, at such tim�s and in such ❑ffices and places as Lender may deem appropriater any and aI� such m�r-tgages, deeds o�trust, security deeds, se�urity agreements, financing sta�ements, continuation statements� instrumen�s �fi �urther assu�-ance, certi�icates, and � oth�r documents as may, in the sofe apinion of Lender, be n�cessary or desirable in ❑rder�o effec�uate, completer per�ect, continuer ar preserve {'I} Trustor's ob[igatinns under�he Credit Agreement, �his Deed of Trust, and �he ReIated Documentsy and t�} the li�ns and security in�e�ests creat�d by this Deed of Trust ❑n the Property, whe�her-nvw owned ❑r hereafter acqui�red by Trustor. Unless prahibited by law or Lende�agrees to�he con�rary in writing, Trustor sha[! reimburse Lende�for ali casts and expenses in�urred �n conne�tion with the matters referred i �❑ in this paragraph. Attorney-�n-Fact. �-F Trustvr fails t� do any of the things referred t❑ in the preceding paragraph, Lender may da s❑ i � for and in the name ❑f Trustar and at TrustorTs expense. For such pu�posesf Trustor here�y irrevocably appoints � Lender as Trustar's attorney-in-fa�t fivr the purpose of making, executing, del��ering,filing, re�a�ding, and dving all o�her�hings as may be neces�ary or desirabler in Lender's soIe opininn, t❑ accomplish �Che matters referred �o in the preceding paragraph. FULL PERFDRMANGE. 1f Trustor pays a�I the �ndebt�dness when due��rminates the credit Iine account� and otherwise performs aII the obligativns impa�ed upon Trustar under this Deed of Trus�� Lend�r sha11 execute and deii�er to Trustee a requ�st for fuIt recon�eyance and shall execute arid deliver to Trus�or su�table s�atemen�s of termination af any �inancing s�a�emen� on file erridencing Lende�'s secu�ity inter�st in �the R�nts and the Persvnal Property, Any re�on�eyance fee �equired by law shall be paid by Trustor, �f permitted by appli�ab�e law. � EVENTS �F ❑EFAL]LT. Trustor will be in de�ault under thi� Deed of Trust if any of the fvllowing happen� {A} Trustor commi�s f�aud ar ma�es a ma�erial misrepresen�ation at any�ime in connectian wi�h the Credit�4greement. This can inciude, for example, a �a�se statement abau� Trus�or's incame, asse�s, I�abilitiesf ar any other aspects of Trustorfs �inancial conditian. �S} Trustor does not meet the repaym�n�t�rms o�the Credi�C Agreement. {�� Trustor'� ac�ion or ina�tivn adverse�y affects the cvllateral or Lender's rights in �he calla�eraI. Th�s can incIude, for examp��, tailure t� maintain required insurance, v►raste or des�ruc�ive use of the dwelling,�aiIure to pay tax�s, death o�f all persons liab�e on �he accaunt, transfer ❑f �i�le or sale ❑f the dwe�ting� crea�ion ot a senior Iien an the dwelling wifihou� Lender's permission,�oreclosut-e by the ho�der❑f ano�her�ien, or the use of funds❑r the dweIIing�o�prvhibited purposes. RI�HTS AND REMED�ES �1V DEFALILT. 1�an Event af De�aul�occur� under�his Deed of Trustr at any�ime thereafter, Truste�or Lender may exet�cis�any one vr more of the�Following rights and remedies: Acceleration Upon �efault;AdditionaI Remedies. If any E�ent af Det�u�t occurs as per the�erms ❑��he Credit Agre�ment securec� her-eby, Lender may de�lare a�i I ndebtedness secured by this Deed af Trust ta be due and , payabie and the same shafl thereupon become due and payable without any presentment, demand, protest or ' notice o�an�kind. Thereafter, Lender may: � {a� Either in person or by agen�� with or withaut b�-ingin� any action or proceeding, or hy a recei�er ; appoin�ed by a court and withou�regard to the adeqtracy of its security, enter upon arid take possession � ofi the Propei-ty, or any part thereof, in its own name or in�he name of Trustee, and do any acts which i� deems necessary or desi�able to preser-�e the�alue, ma�ketabiiity ar rentability a��he Property, or part o� the P�vperty or interest in the Praperty; in�rease the incvm�frarri�he Praperty or protect�he secu�ity o� the Property; and� with or wi�hout taking possession of the Property, sue for or otherwise collec� the rents, issues and p�o�its o�the Praperty, inc�uding those pas� du� and unpaid, and appiy the samer less costs and expenses afi operation and collec�ion attarneys`fees,to any indebtedness secu�-ed by�his Deed af Trust� all in such order as Lender may determine. Th� enterin� upon and �taking possessian ❑f�he P�operty, �he collecfiinn ❑f such ren�s, issues and pro�i�s, and the app�ication the�eof shall nat cure or waive any defau�t or notice of default under�his Deed of Trust or.in�aIidate any ac�done �n response to such de�auft or pursuan�to such notice o-�ds�ault; and, notwithstanding�he cantinuance in possessran❑f the Praperty or the collection� receipt and application o�F ren�s, issues or profits� Trustee or Lender shal! be entitied to exercise e�ery right provided to�in�he Credi�Agreemen�or the Rela�ed Documents or by Iaw upon the occurrence o�any event of defat�lt� incIuding the righ�to exercis�the powe�-o�sale; (b} Commence an action to foreclase this ❑eed of Trus�as a mortgage, appoin�a receiver or specifica�ly enfor-ce any o-F the co�enan�s her�o��and �c} ❑elir�er�o Trustee a written declaratian o-�default and dem�nd fvr saIe and a writ-ken notice a�defau�� . � � .