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2� 17� 19�8
<br /> DEED �F TRUST
<br /> [Conti n ued] Rag� 5
<br /> �ncurred in recording, per�ect�ng or continuing this Deed of Trust, inc�uding without limitatian a!i taxes, fees,
<br /> d�cumen�ary stamps, and other charg�s for r�cord�ng vr registering this aeed of Trust.
<br /> Taxes. The fol�owing shall cons�itu�e taxes to which this sect�on applies: �'�} a sp�cific tax upon this type o�
<br /> Deed vf Trust or upon all or any par# of the Indebtedness secured by this Deed nf Trust; ��} a specific tax on
<br /> Trusfo�which Trustvr is authorized or required to deduc��rom payments on the Indeb�edness secured by this type
<br /> of Deed of Trust; (3} a tax on this type vf Deed of Trust chargeable against the Lender or the holder of the Credit
<br /> Agreemen�; and t4} a specifc tax on al� or any po�t�on of the lndebtedness or an payments af princ�pal and
<br /> interest made by Trustor.
<br /> Subsequent Taxes. If any tax to which �his sec�ion applies is enacted subsequenf ta the date o'�this Deed vf
<br /> Trusfi, �his e�ent sha11 ha�e #he same effect as an Event of Default, and Lend�r may ex�rcise any or alI o� its
<br /> availabfe remedies far an E�ent vf Defau�t as pro��ded below unless Trustor ei�her ��) pays the tax before it
<br /> becomes delinquent, or �2} cantests the tax as pro�ided above �n �he Taxes and Liens sec�ion and deposits wi#h
<br /> Lender cash o�a sufficient corporat�surety band or other security sat[sfacto�y ta Lender.
<br /> SECLlRITY AGREEMENT; FINANCING STATEMENTS. The fo��vwing pro��sions r�[ating ta this Deed of Trus� as a
<br /> secu rity ag reement are a part o�th is ❑eed of Trust:
<br /> 5ecurity A�reemen�. This �ns#rument shali canstitute a Security Agreemen# to the exten# any of the Property
<br /> consfifiutes fixtures, and Lende�shall have a11 0�the rights of a secured party under the Uniform Gommercia� �ode
<br /> as amended from time�o t�me.
<br /> Security Interesf. Upan requesf by Lender, Trustor shall take whate�er action is requested by Lender to perfec�
<br /> and continue Lender's security interest in �he Personal Pr�pe�ty. In add'[tion ta recording this Deed of Trust in#he
<br /> real property records, Lender may, at any time and without fu�ther au#horizativn firom Trustor, file executed
<br /> coun#erparts, cap�es or reproductions o�F th�s Deed of Trust as a financing statement. Trustor shail reimburse
<br /> Lender for all expenses incur�ed in perfecting or continu�ng this secu�ity interest. Upan defauit, T�ustor shall nofi
<br /> remo�e, sever ar detach th� Personal Praperty frvm �he P�ope�ty. Upan defauit, Trusfor shall assemble any
<br /> Personal Proper�y not affxed to the Property in a manner and at a place reasonably con�enient to Trus�or and
<br /> Lender and make i� avai[able ta Lender within three (3} days after receipt of written demand from Lender�o the
<br /> �xten�permitted by applicable law.
<br /> Addresses. The mailing add�esses �f Trusfar (debtor} and Len�er (secured par#y} from which information
<br /> � concerning the security in�eres#granted by #his Deed �f Trus� may be obtained �each as required by the Uni�arm
<br /> Commercial Cod�} are as s�a#ed an the fi�st page of this Deed o�Trust.
<br /> FURTHER ASSURANCES; ATTDRNEY-IN-FACT. The �oifowing pro�isions reiating �n fu�ther assurances and
<br /> attorney-in-�ac�are a par�o��his Deed of Trus�:
<br /> Further Assurances. At any time, and from �ime to �ime, upon reques�o�Lender, Trustor wi11 make, ex�cute and
<br /> de�iver, or w��l cause�o be made, exe�uted or de�i�ered, ta Lender or to Lender's designee, and when request�d by
<br /> Lender, �ause�a be fiied, rec��ded, refled, or rerecorded, as the case may be, at such times and in such �ffices
<br /> and p�aces as Lender may deem appropriate, any and a11 such martgages, deeds of trust, secu��ty deeds, security
<br /> agre�ments, financing sta�ements, con�inua#ion statements, �ns�ruments of �further assu�ance, cer�ificates, and
<br /> ofher documents as may, in the svle apinian of Lender, be necessary or desirable in order tv effectuate, complete,
<br /> perfect, cvntinue, or preserve ��} Trustor's obligat�ons under the Credi#Agreement, #his Deed of Trust, and the
<br /> Related ❑ocuments, and �2� the liens and security interests created by this Deed of Trust on the Prope�ty,
<br /> wheth�r now owned or hereafter acquired by Trustar. Un[ess prohibited by law or Lender agrees�o#he conf�ary in
<br /> writing, Trus�or sha11 reimburse L�nder for a�l cvs�s and expenses incu��ed in connection with the matters referred
<br /> to in fhis paragraph.
<br /> Attorney-�n-Fact. I�Trus#or fails�a do any of the things referred to �n the preceding paragraph, Lender may do so
<br /> for and in �he name of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocab�y appo�nts
<br /> Lender as T�ustor's a#torney--in-fact far the purpose of making, executing, del��ering, filing, recording, and doing a�l
<br /> �ther things as may be necessary or desirable, in Lender`s sole �pinion, �v accomplish the mat�ers r�ferred to in
<br /> #he preceding paragraph.
<br /> FULL PERF4RMANCE. Ifi Trus�or pays aIl�he Indeb#edness when due, terminates the credit i�ne account, and otherwise
<br /> pe�forms al� the obligations imposed upnn T�us�or under this Deed o�Trus�, Lender sha�l exe�ute and deliver tv Trust�e
<br /> a reques� for full recon�eyance and shail ex�cute and de�ivsr tv Trustor suitable statements of termination vf any
<br /> financing sta�ement on file evidencing Lender's security interest in the Rents and the Pe�sonal Proper#y. Any
<br /> �-econ�eyance fee required by iaw shali be paid by Trustor, if permit#�d by applicab�e law.
<br /> EVENTS �F DEFAULT. Trustor wil� be �n defauit under this Deed of Trus# if any o�the following happen: �A� Trustor
<br /> �ommits fraud or makes a materia! misrepresentation at any time �n connection with the Credit Agreement. This can
<br /> inciude, far example, a false statement abou# Trus�ar's �ncorne, asse#s, (iabili�ies, or any other aspects of Trustar's
<br /> financial condi�ion. �B} Trustor�does no�mee#the repayment#erms o�the Credit Agreement. �C} Trustor's action or
<br /> inaction adverse�y affects the collateral or Lender's rights in #he collatera�. This can inc�ude, far example, �ailure tv
<br /> maintain required insurance, waste o�destructi�e use of the dwe!ling, faiiure to pay taxes, deafh of all persans Iiable on
<br /> �he accaunt, trans€er of tit�e o� sa�e vf the dwelling, creation of a senior I�en on the d►�veiling without Lender's
<br /> permission, foreciosure by the ha��er of another�ien, or the use of funds or the dwelling far prvh�bited purposes.
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