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2� 17��999
<br /> �EE� oF TRusT
<br /> tCvntinued} Page 4
<br /> Taxes. The folIov►ting shaII consti�ute taxes to which this section appjies: ��} a speczfic tax upon this type of
<br /> Deed of Trus� or upon a�� or any part of the lndebtedness secured by this Deed v�Trust; ��� a speci�ic tax on
<br /> Trustor which Trustor is aut�orized or required to deduct from payments vn the lndebtedness secured by�his type
<br /> of❑e�d of Trust; {3} a tax on this type o�❑eed �t Trust�hargeable against the Lender or the halde�of the C�edit
<br /> Agreement; and �4} a specific tax on all or any portion at the lndebtedness o�- an payments of principal and
<br /> i nterest m ad e by Trusta r.
<br /> Suhsequent Taxes. If any tax to which this sectian app[ies is enacted subsequent to the date af this Deed af
<br /> Trust� this err�nt shall have the same e�#e�t as an E�en� a�F DefauIt, and Lender may exe�ci�e any or aII of i�$
<br /> avai[ab�e r-emedies far an Even� ❑f De�auIt as provided beIaw unless Trustar either {�� pays t�e tax before it
<br /> becames delinquent, or {2} contests the �Cax as prvvided abo�e in the Taxes and Liens secti�n and deposits wi�h
<br /> Lender cash ar a sufficient carporate su�ety bond or other security sati�factory to Lender.
<br /> SECURITY AGREEME�T, FINANCING STATEMENTS. The falIowing provisions relating �o this Deed ❑f Trus� as a
<br /> security agreement are a part vf thi�Deed af Tru��:
<br /> Se�urity Agreement. This instrumen� shali constitute a Security Agreement to the extent any a� th� Property
<br /> �onstitut�s tix�ures, and Lender sha�� have all of the rights ❑�a secured party under the Uni�orm Cvmmercial Code
<br /> as amended from time t�tim�.
<br /> 5ecurrty lnterest. Upon request by Lender, Trus�or shall take rrvhate�er action is requested by Lender t❑ perfe�t
<br /> and cont�nue Lender's security interes�in the Persana� Property. ln addition to recording �his Qeed of Trust in the
<br /> real property recards, Lender may, at any time and wi�haut tur-ther au�harization �rom Trustor, fil� executed
<br /> counterparts� copies or reproductions o� this ❑e�d ❑f Trust as a financing statement. Trustar shall reimburs�
<br /> Lender for all expenses incurred in perFecting or continuing this security interest. Upon default, T�ustor shaII not
<br /> remo�e� s�ver or de�ach the PersonaI Proper�y #rom the Praperty. Upon defauIt, Trustot- shaII assembje any
<br /> Personal Prop�rty n�t affixed to the Properry in a manner and at a p�ace reasanably �on�enzent �o Trust�r and
<br /> Lender and mak� it a�aif abie to Lender within three (3� days after receipt of written demand �rvm Lender to the
<br /> extent permitted hy applicable Iaw.
<br /> Addresses. The maiiing addresses o� Trus�or {debtor} and Lender �secured party} t�om which informat�on
<br /> conce�ning the security interest granted by this �eed of Trust may�be obtained {each as required by the Uni�Form
<br /> Gommercial Code} are as sta�ed on�he first page af this �eed of Trust.
<br /> FURTHER ASSLIRANCES; ATTQRN�Y-IN-FACT. The foll�wing pro�isi�ns reIating ta further assurances and
<br /> at�orney-zn-fact are a part of this ❑eed of Trust:
<br /> Further Assurances. At any time, and from�ime to time, upon request ot Lender,Trustor wiII make, execute and
<br /> de�i�er, or w��� cause to be made, execu�ed or del��ered, �o Lender or�a Lender's design�e, and when requested by
<br /> Lender, cause to be �z�ed, recorded, re�iled� or rerecorded� as the case may be, at such �imes and in such affices
<br /> and places as Lender may deem appropriate� any and aIl SLICI�1 fI"]Qrtg819eS� deeds of trust�, security deeds, security
<br /> agreements, financing statemen�sr continuation statements, ins�ruments of further assurance, certificates, and
<br /> other dvcuments as may� in the sole opinion of Lender� be necessary or desirable in order to effe�tuatej compI��e,
<br /> perfec�� continue{ ar p�e�enre {�� Trustor's vbIigations under the Credit Agreement� this ❑eed of Trus�� and the
<br /> ReIafed Dacuments, and �27 the �iens and security in�erests created by this Deed of Trust on �he Property,
<br /> whether naw owned or hereafter a�qu�r�d by Trustnr, Llnfess prohibited by law or Lende�agrees to the contrary in
<br /> writing,Trustor shaIl reimburse Lender for a11 costs and expenses incurred in �vnnec�ion with�he matters referred
<br /> to in this paragraph.
<br /> Attorney-in-Fa�t. tfi Trustnr fiaiis to do any o�F the#hin�s re�Ferred t❑ in the preceding paragraphr Lende�-may do so
<br /> for and in�he name of Trustor and at Trustvr's expense. Fflr such purpases, Trustor hereby ir-revacabIy appoints
<br /> Lender as Trustor's attarney�in-fact for the purpase at maktn�, executing� de�i�ering, tiIing, recording. and doing a!I
<br /> other things as may be necessary ❑r desirable, in Lender's sale opinion, ta accvmp�ish �he matters refer�ed to in
<br /> the preceding paragraph.
<br /> FULL PERF�F�MANCE. If Trustvr pays aIl�he lndebtedness when due,terminates�he credit line account� and otherwise
<br /> performs aii the ❑bligatians imposed upan Trustor under this ❑eed of Trust� Lender shajI execute and deliver t❑Trustee
<br /> a r�ques� for fuli reconv�yance and shall execute and d�li�er �o T�ustar suitab�e statements o�F termination of any
<br /> finan�ing statement on file e�idencing Lend�r's security in�erest in the Rents and the Persvnal Property. Any
<br /> recon�eyance fee required by law shaIl be paid by Trustor, if permitted by applicable law.
<br /> EVENTS ❑F DEFAULT. Trustar will be in defauIt under this need of Trust if any ❑fi the fioIIowing happen: �A} Trus�or
<br /> commits fraud or makes a materiaf misrepresentation at any time in conne�tion with the Credit A�greemen�. This can
<br /> include� �o� example� a �alse statement about Trustor's incame, assets� Iiahilities. or any other aspects ❑f Trustar's
<br /> f�nanc�al co�dition. (B� 7rustor does not mee�the repayment terms of the Credit Agreement. �C} Trustor's ac�ion or
<br /> inaction ad�rerse[y affects the coIlateral o� Lender's rights in the colIateral. This can include� for example� �ai[ure t❑
<br /> maintain required insurance, waste or des�ructi�e use of the dwelling,failure t❑ pay taxes. death ofi all pe�sons iiabl�❑n
<br /> the accoun�� tr�nsfer ❑f ti�le or sale o-F the dwelling, creation of a senzor [ien ❑n the dwe�ling withaut Lender�s
<br /> permission, forecIosure by the holder of another Iien, ❑r the use of funds or the dwelling for prohil�i�ed purposes.
<br /> RIGHTS ANa REMEDIES ❑N DEFAULT. ��an Event vf D��aul�accurs under this ❑eed ❑f Trust, at any time thereafter,
<br /> Trus�ee ar Lender may exer�ise any vne or mvre of�the fvllowing rights and remedies:
<br /> A��el�ration Upon Detau�t;Additiona�Remedies. ff any E�ent of De�Fault o�curs as per the terms a�the Credi�
<br /> Agreement secured herebyr Lender may declare all lndebtedness secured hy this Deed ❑f Trust to be due and
<br /> payable and the same sha11 thereupvn become due and payable without any presentment, d�mand, prvtest ar
<br /> notice of any kind. Thereafter, Lender may:
<br /> �a} Ei�ther in pers�n or by agen'�� wi�h or witt�out bringing any action or praceedtr�g, or �� a receiver
<br /> appainted by a cvurk and without regard to the adequacy of its security, ente�-upon and take possession
<br /> of th� Propert�, vr any part thereof, in its ovvn name ❑r in the name af Trustee, and da any acts whi�h it
<br /> deems necessa�y or desfrab�e to preserr�e the�aIue, marke�abiIity or ren�abi�ity v�the Property, or part o�
<br /> th� Property �r�n�etest in th� Property; increas� the incame�rom t�e Praperty �r pro�ec��he security of
<br /> the Property; and, with or withaut taking possession of the Properry� sue �or ar otherwise �ollect the
<br /> rents, issues and pra�Fits o��he Praperty, in�[uding �hose past due and unpaid� and appIy the same, fess
<br /> costs and �xpenses of opera�ion and coIIe�tzon attorneys'fees,to any indebtedness secur�d by this❑eed
<br /> o� Trust, alt in such order as Lender may deterrx�ine. The enteri�g upon �nd takins posse�sion of�he
<br /> Property� the collectiQn af such rentsr i�sues and profits, and the appIicatian �he�eo-� shal! not cur� ❑r
<br /> wai�e any defauft or natice o-F de�ault under this ❑eed of Trust or in�alida�e any act done �n response to
<br /> such de�ault or pur-suant to such notice of defau�t; and, natwithstanding the continuance in possession o�
<br /> the Property or the colle�tion, receipt and applicat'ron of�-ents, issues or prvfits, 7rustee or Lender shall
<br /> be entit�ed to ex�rcise e�ery right pro�ided far in the Credit Agreement or the Re�ated Documents o� by
<br /> iaw upon the accurrence o�F any event of de�aul�, zn�Iuding the right to eatercise the pow�r ot saIe;
<br /> {b} Cvmmence an acfiion to fiareclose this Deed of Trust as a mortgage, appoint a recei�er o�spe�ifically
<br /> anforce any❑�the ca�enants hereaf; and
<br /> . {c} DeIi�er to Trustee a written declaratian of de�ault and demand for sale and a writken notice of d�fault
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