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DEED OF TRUST <br />(Continued) 200204616 Page 4 <br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, <br />fees and charges area part of this Deed of Trust: <br />Current Taxes, Fees and Charges. Upon request by Lender, Trustor shall execute such documents in addition to this Deed of Trust and <br />take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Trustor shall reimburse Lender <br />for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed of Trust, including <br />without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of Trust. <br />Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon all or any <br />part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Trustor which Trustor is authorized or required to deduct from <br />payments on the Indebtedness secured by this type of Deed of Trust; (3) a tax on this type of Deed of Trust chargeable against the Lender <br />or the holder of the Credit Agreement; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and <br />interest made by Trustor. <br />Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall have the <br />same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below <br />unless Trustor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens <br />section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. <br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part <br />of this Deed of Trust: <br />Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender <br />shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. <br />Security Interest. Upon request by Lender, Trustor shall execute financing statements and take whatever other action is requested by <br />Lender to perfect and continue Lender's security interest in the Personal Property. In addition to recording this Deed of Trust in the real <br />property records, Lender may, at any time and without further authorization from Trustor, file executed counterparts, copies or reproductions <br />of this Deed of Trust as a financing statement. Trustor shall reimburse Lender for all expenses incurred in perfecting or continuing this <br />security interest. Upon default, Trustor shall not remove, sever or detach the Personal Property from the Property. Upon default, Trustor <br />shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Trustor and Lender <br />and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. <br />Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which information concerning the security interest <br />granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this <br />Deed of Trust. <br />FURTHER ASSURANCES; ATTORNEY -IN -FACT. The following provisions relating to further assurances and attomey -in -fact are a part of this <br />Deed of Trust: <br />Further Assurances. At any time, and from time to time, upon request of Lender, Trustor will make, execute and deliver, or will cause to be <br />made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or <br />rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, <br />deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, <br />certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, <br />continue, or preserve (1) Trustor's obligations under the Credit Agreement, this Deed of Trust, and the Related Documents, and (2) the <br />liens and security interests created by this Deed of Trust as first and prior liens on the Property, whether now owned or hereafter acquired by <br />Trustor. Unless prohibited by law or Lender agrees to the contrary in writing, Trustor shall reimburse Lender for all costs and expenses <br />incurred in connection with the matters referred to in this paragraph. <br />Attorney -in -Fact. If Trustor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of <br />Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints Lender as Trustor's attomey -in -fact for the <br />purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole <br />opinion, to accomplish the matters referred to in the preceding paragraph. <br />FULL PERFORMANCE. If Trustor pays all the Indebtedness when due, terminates the credit line account, and otherwise performs all the <br />obligations imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall <br />execute and deliver to Trustor suitable statements of termination of any financing statement on file evidencing Lender's security interest in the <br />Rents and the Personal Property. Any reconveyance fee required by law shall be paid by Trustor, if permitted by applicable law. <br />EVENTS OF DEFAULT. Trustor will be in default under this Deed of Trust if any of the following happen: (A) Trustor commits fraud or makes a <br />material misrepresentation at any time in connection with the Credit Agreement. This can include, for example, a false statement about Trustor's <br />income, assets, liabilities, or any other aspects of Trustor's financial condition. (B) Trustor does not meet the repayment terms of the Credit <br />Agreement. (C) Trustor's action or inaction adversely affects the collateral or Lender's rights in the collateral. This can include, for example, <br />failure to maintain required insurance, waste or destructive use of the dwelling, failure to pay taxes, death of all persons liable on the account, <br />transfer of title or sale of the dwelling, creation of a senior lien on the dwelling without Lender's permission, foreclosure by the holder of another <br />lien, or the use of funds or the dwelling for prohibited purposes. <br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender may <br />exercise any one or more of the following rights and remedies: <br />Acceleration Upon Default; Additional Remedies. df any Event of Default occurs as per the terms of the Credit Agreement secured <br />hereby, Lender may declare all Indebtedness secured by this Deed of Trust to be due and payable and the same shall thereupon <br />become due and payable without any presentment, demand, protest or notice of any kind. Thereafter, Lender may: <br />(a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and <br />without regard to the adequacy of its security, enter upon and take possession of the Property, or any part thereof, in its own name <br />or in the name of Trustee, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability <br />