201701250 - Laserfiche WebLink

Browse

2� 17� 125� DEED �F TftUST ��nt��lu�d} P�ge 4 incurred in reco�-ding, perFecting o� continuing this Deed of Trust, including withvut �imitation a�� taxes, fees, documentary stampsr and other charges for r�cording or registering this Deed of Trust. Taxes. The follawing shat( constitute taxes to which this sec�ion appfies: �'f 7 a speGific tax upon this type of Deed of Trus� or upan a11 or any part of the lndebtedness secured by this Deed of Trust; ��y a specific tax on Trustor which Trustar is authorized or�equired to deduct from payments an the Indebtedness secured by this type ❑f Deed of Trus�; �3� a tax❑n this type of Deed of Trus�chargeable against the Lender or the holde�❑f t�e Credi� Agreemen�; and �4} a specific tax ❑n alf or any portion of the Indebtedness or ❑n payments of principal and i nterest m a d e by Trusto r. Suhsequent Taxes. I� any tax t❑ which this section applies Is enacted subsequen� �o �he date of this Deed of Trust, �his errent shaI� ha�e the same effect as an Er�ent of Default{ and Lender may e��rcise any o� all of its avaiIable remedies for an E�ent of Default as pro�ided below un�ess Trustor either �1� pays the tax before it becomes delinqu�nt� or ��} contests the tax as prvvided abo�e in the Taxes and Liens sectian and deposits with Lender cash or a sufFzGien�corporate surety bond or other se�urity satisfactory to Lender. SECURITY A�REEMENT; FIIVANGING STATEMENTS. Th� folIawing pro��sions �elating �o �his Deed o� T�us� a� a se�urity agreement are a part of this Deed o�Trust: Security A�reement. This instrument shaII constitute a Secu�i�y Agreement to the extent any of the P�operty constitutes fixtures� and Lender shall have aII of the rights of a secured party under the lJniform Commerciai Cade as amended f�-om time to time. Secur'Ity Interest. Upon reques� by Lende�-, T�'ustor shaII take whate�er action is requested by Lender t❑ perfect and continu� Lender's security_inter-est in the PersonaI Property. �n addition to �ecording thi$ Deed of Trust in the real property records, Lender may, at any time and without further authorizatian from Trustor, fi�e execu�ed counterparts� copies vr reproductions of �his Deed of Trust as a financing s�atemen�. Trus�or shaII reimburse Lender tor a[[ expenses incurred in perfecting or continuing this security interest. L]pan de�autt, Tru�tor shall na� remo�e, se�er or detach the PersonaI Properry from the Property. Upan detaui�, Trustor shall assemble any Persona� Property not afifixed t❑ the Property in a manner and at a place reasonably con�enient to Trustor and Lender and make it a��ilab�e t❑ Lender within three �3} days after receipt o�F written demand from Lender to the extent permitted by applicable Iaw. . Addresses. The mailing addresses of Trustor (debtor� and Lender �s�cured party� fram which infarmation conce�ning the sect�rity interes� gran�ed by this D�ed of Trust may be ab�ained {eaeh as required by�he Uniform Commerciai Code} are as stated on the�First page of this Deed ❑t Trusf. FURTHER ASSURANCES; ATT�RNEIr-IN-FACT. The follovving pra�isions reIating to further assurances and attarney--in--fact are a part vf this Deed.of Trus�: Further Assurances. At any time� and from tims t❑�ime� upon request of Lender, Trus�or wili make� execute and deti�er. ❑r wi1l cause to be mad�, executed or deliveredr to Lender or�o Lende�'s designee, and when requested by Lender, cause to be filed, recorded, refiled, or rere�vrded, as�he case may be, at such times and in such offices and pIaces as Lender may deem appropriate, any and all such mortgages, deeds n�trust, security �ieeds, security agreements, financing sta�ements, cnntinuation statements, ins�ruments ❑f further assurance, certificates, and other documents as may� in the sole opinion o�Lenderr be necessary❑r desirable in ❑rder to effectuatet complete� perFec�, cantinue, ar presenre (�} Trustor's obl�gations unde�the �redit Agreem�nt, th�s Deed o�Trus�, and �he Related Documents, and {2} the Iiens and s�cu�'rty interests creatad by this Deed of Trust an the Property, whe�her now owned❑r hereafter acquired by Trustor. Un�ess prohibi�ed by[aw nr Lender agrees t�the contrary in w�iting� Trustor shall reimburse Lender tor all costs and expenses incurred in �annection with the matters referred to in'this paragraph. Attorney-in-Fact. If Trusto�faiis�a do any ❑f the�hings ref�rred to in th� preceding paragraph. L�nd�r may do s❑ for and in �he name of Trustor and at Trustor's expense. For su�h purposes. Trustor hereby irrevocab�y appoints Lender as Trustvr's atto�ney-in-fact for the purpose of making, executing, deIir�e�ing, fiiing, �ecarding� and doing all other things as may �e necessary or desirable, in Lender's sole opinion, to accomplish the mat�ers referred to in the preced�ng paragraph. FULt PERF�RMANCE, lf Trustor pays aII the Indebtedness when due,�e�minates the credit line account, and otherwise per�o�-ms a[1 the ohligatians impased upon Tr-ustor under this Deed ❑f Trustr Lender sha1� execute and deli�er to Trustee a request for tul� �ecanveyan�e and shaII exe�u�e and del��er to Trustor suitable statements of termination vf any financing statement nn file evidencing Lender`s security interest in the Rents �nd the Pe�sanaI Property. Any recan�eyance fee required by law shall be paid by Trustor, if permitted by applicable Iaw. EVENTS �F DEFAULT. Trustor will be in defauit under this Deed ❑f Tru�st i�any vf�he following happen: �A} Trustar comrr�its fraud or makes a material misrepresentativn at any time in connectivn wi�h the Credit Agreement. This can inciude, for example, a ta�se sta�ement abou� Trustor's income, assets, Iiabi[i�ies, or any other- aspects ❑f Trustor�'s financiaf condi��on. �By Trustor dves not meet the repayment terms ofi th� Credit Agr�ement. {C} Trustor's actiQn or xnaction adverseIy affec�s the �o�late�al or Lender's rights in �he collateral. This can incIude, for example, tailure to maintain required insu�ance, waste or destructi�e use ❑�the dweIlingr failure to pay taxes, death af aII persons liable on the account, transfer of titIe or sale ❑f the dwelIing, c�ea�ion of a senior Iien on the dweIIing wi�hout Lender's permission,forecl�sure by the haIder ot another lien, or the use of funds or the dwe�l�ng for proh�bited purposes. R�GHT� AND REMEDIES flN DEFAULT. 1�F an E�ent af De�ault occurs under�his Deed o�Trust, at any�ime therea�Fter� Trustee or Lender may exercise any on�or more vf the foilowing rights and remedies: AccsIeratian Upon Defauit;Additianal Remedies. l�any E�ent of Detault❑c�urs as per the terms of the �redit �4greem�nt secu�ed hereby, Lender may declare alI lndebtedness secur�d hy this Deed of Trust�o be du� and payable and the same shall�hereupon became due and payable without any presentment, demand, protest or no�ice of any kind. Thereafter, Lender may: �a} Either �n persvn or by agent� with or wi�hout bringing any act�on or proceeding� or by a receiver appointed by a court and r�vithout re�ard to the adequacy of its security, enter upon and �take pvssession of the Property, or any part thereaf, in its own name ar in the name of Trustee, and dv any acts which it deems necessary or desirabl�to p�ese�ve the vaIu�, mar�CetabiIity❑r rentabi��ty of the Properryr or part o� �he P�operty or interes�xn the Property; increase the income from the Property or pratec�the security o� the P�operty; and. with ar without taking posse�sion of the Property, sue for or ❑ther-wise coIIect #he rents, issues and protits of�he Property, including those past due and unpaid, and appiy the same, Iess costs and expenses vf❑peration and col�ection attvrneys'fees,t❑any indebtedness secured by this Deed of Trust, aII in such orde� as Lender may determine. The entering upan and taking possession ot th� Property� the cv�je��ion of s�ch rents� issues and pro�its, and the application thereof sha1� not cure a�- waive any default or notice ❑f default unde�-this Deed ❑f Trust or in�atidate any act done in response to su�h defiaul�o�pursuant to such notice of defau�ltf and, notwithstanding the continuance in possessivn ofi the Praperry or the colIectian, receipt and application ofi rents, issues or pro�its, Trustee or Lender shalf be entitled to exercise every right pro�ided for in the �redi�Agreement or the Refated ❑ocuments or by law upon the occurrence of any e�ent of de�ault� incIuding the right tv exercise the pawer af sa�e; �b} Commence an action to foreclose this ❑eed of Trust as a mortgage� appoint a recei�er or specifi�ally