Laserfiche WebLink
201704548 <br />DEED OF TRUST <br />Loan No: 8101092-5 (Continued) Page 4 <br />IMPOSITION OF TAXES. FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relafing <br />to governmental -taxes, fees and charges are a part of this Deed of Trust: <br />Current Taxes, Fees and Chairges. UpQn request by Lender, Trustor shall execute such docurnents in addition to <br />this Deed of Trust and take whatever other action is requested by Lender to perfeGt and continue Lender's lien on <br />the, Real Property. Trustor sh-all reirnburse Lender for all taxes, as desefibed belaw, together with all expenses <br />Incurred in rec;ording, perfectIng or continuing this Deed of Trust, including without limitation all taxes, fees, <br />documentary stamps, and other charges for recording or registering this Deed of Trust. <br />Taxes� The fallovving shall constitute taxes to which this section applies: (1) a.specific tax upon this type of <br />Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust- (2) a specific tax on <br />Borrower which Borrower is authorized or requIred to deduct from payments on the Indebtedness secured by this <br />type of Deed of Trust; (3) a tax on this type of Deed of Trust chargeable against the Lender OT the holder of the <br />Note; and (4) a speGific tax an all or any portion of the Indebtedness or on payments of principal and interesi <br />made by Borrower. <br />Subsequent Taxes. If any tax to which this secfLon applies is enacted subsequent to the date of this Deed of <br />Trust, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its <br />available remedies for an Event of Default as provided below unless Trustor either (1) pays the tax before it <br />becornes delinquent, or (2) rontests the tax as provided above in the Taxes and Liens section and deposits with <br />Lender cash or a sufficient corporate surety bond or other security satisfartory to Lender. <br />SECU RITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a <br />seoul'ity agreement are a part of this Deed of Trust: <br />Ser,urity Agreement. This instrument shall cc)nsfitute a Security Agreement to the extent any of the Property <br />consfitutes fixtures, and Lender shall have all of the r7ghts of a secured party under, the Uniform CGMrnercial Code <br />as amended from time to time. <br />Security Interest. Upon requesT by Lender, Trustor shall take whatever action is requested by Lender to perfect <br />and continue Lender's security interest in the Rents and Personal Property. [n addWon to recording this Deed of <br />Trust in the real property records, Lender may, at any tirne and without further authorization from TTustor, file <br />executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Trustor shall <br />reirnburse Lender for all expenses incurred in perfecting or conlinuing this seciii-ity interest. LJpon default, Truster <br />shall not remove, seveir or detach the Personal Property from the Property. Upon default, Trustor shall assemble <br />any Personal Property not affixed to the Property in a manner and -at a place reasonably convenient to Trustor and <br />Lender and make it available to Lender within three (3) clays after receipt of written demand from LendeT to the <br />extent permitted by applicable law. <br />Addresses. The maliling address�es of Trustor (debtor) and Lender (secured party� from which information <br />I <br />concern[ng the security interest granted by this Deed of Trust rray be- abiained (each as required by the Uniform <br />Commercial Code) are as stated on the first page of this Deed of TTUSt. <br />FURTHER ASSURANCE$; ATTORNEY -111 -FACT. The following provisions relating to further assurances and <br />atto rney-i n -f a u a re a part of th i s D e e d of Tr u st: <br />Further Assurances. At any time, and from time to time, upon request of Lender, Trustor will make, execute and <br />deliver, or- will cause to be made, executed or delivered, to Liander or lo Lender"s designee, and wher requested by <br />Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices <br />and places as Lender may deem appropriate, any and all such martgages, deeds of trust, security deeds, security <br />agreements, financing statements., continuation statemerits, instruments of further assurance, cei-tiftates, and <br />otheT documerits as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete., <br />perfect, continue, or preserve (1) Borrower's and Trustor FS obligations under the Note, this Deed of Trust, and <br />the Related Doruments, and (2) the liens and security inteTeStS created by this Deed of Trust as first and prlicr <br />lieris on the Property, vvhether now owned or hereafter acquired by Trustor. Unless prohibited by [aw or Lender <br />agrees to the contrary in writing, Trustor shall reimburse Lender for all costs and expenses incurred in connection <br />with the matters referred to in this paragraph. <br />Attorney -in -Fact. If Trustor fail -s to do any of the things referred to in the pTecedirig paragraph, Lender may do so <br />for and in the name of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints <br />Lender as Trustor's attorney-in-fact for the purpose of making, executing, delivering, filing, recording, and doing all <br />other things as r -nay be necessary or desirable, in Lender's sole opinion, tc) accomplish the M;atteTS referred to in <br />the preceding paragraph. <br />FULL PERFORMANCE. If Borrower and Trustor pay all the Indebtedness, including without limitation all future <br />advances, when due, and Trustor otherwise performs all the obligations imposed upon Truslor under thr:s Deed of Trust, <br />Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver tG Trustor <br />suitable staternerts of termination of any financing statement on fiJe evidencing Lender I s security interest in the Rents <br />and the Personal Property. Any recoriveyance fee requIred by law sh-all be paid by Trustor, if permitted by applicable <br />law. <br />EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed <br />of Trust: <br />Payment Defauft. Borrower fails to make any payment when due under the Indebtedness. <br />Other Defaults. Borrower or Trustor faills to comply with or to perform any other term, obligation, covenant or <br />r,ondition contained in this Deed of Trust or in any of the Related Doruments or tc) comply with or to per -form any <br />term, oblioation, covenant or condition contained Tn any other agreement between Lender and Borrower or Tru:stor. <br />Compliance Default. Failure to comply with any other term, obligation, covenarit or c;ondition contained in this <br />Deed of Trust, the Note or in any of the Related DOGurnents. <br />Default on Otheir Payments. Failure, of Trustor within the time required by this Deed of Trust to make any payment <br />for Taxes or Insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. <br />Default in Favor of Third Parties. Should Borrower or any Grantor default under any loan, extension of credit, <br />security agreernerit, purchase or sales agreement, or any other agreernent, in favor of any other creditor or person <br />that r -nay materially affect any of Borrower's or any Grantor's property or Borrower's ability to repay the <br />Indebtedness or Borrower'.s or Grantor's abil'ity to perform their respective obligations under this Deed of Tru-st or <br />any of the Related Documents. <br />False Statements. Any warranty, represe-ritation or, statement made or furn[shed to Lender by Borrower, or Trustor <br />or on Borrower's or Trustor"s behalf under this Deed of Trust or the Related Documents is false or misleading in. <br />any material respect, either now or at the tirne made or furnished or becomes false or misleading at arty tirne <br />thereafter. <br />Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and <br />effect (including failure of any C011atL-Tal document to create a valid and perfected security interest or lien) at any <br />I <br />tirne and for any reason. <br />