Laserfiche WebLink
V"* <br />Loan No: 774279- Page 4 <br />Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Dead of Trust or upon <br />all or any part of the Indebtedness secured by this Deed of Trust; 12) a specific tax on Trustor which Trustor is authorized or <br />reqtWed, to.cleduct from. payments on the Indebtedness secured by this type of Deed *f!Trust; .(3) a tax on this type of Deed of Trust <br />chargeable against the Lender or the holder of th&,Notw and JQ a specific-tax on all oreny portion of the Indebtedness or on <br />payments of principal and, interest made by Trustor;. <br />Subsequeut Taxes. If any tax to which this section applies is enacted subsequent to the date of this- Deed of Trust, t - his event , shall <br />have the, same effect as an Event. of Default, and Lender may,exercise any or all of its available remedies for an Event of Default as <br />provided below unless Trustor either 11), pays the tax before it becomes delinquent, or 12) contests the tax as provided above in the <br />Taxes and Liens 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 <br />part 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 <br />Lender 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 <br />real property records, Lender may, at any time and without further authorization from Trustor, file executed counterparts, copies or <br />reproductions of this Deed of Trust.as a financing statement. Trustor shall reimburse Lender for all expenses incurred in perfecting or <br />continuiag this security interest.. 4Apon, defaulU T^oWr shall not jemovs, saver or detach the Personal Property from the Property. <br />Upon default, Trustor shall assemble any PersoAal Property not affixed to the Property in a manner and at a place reasonably <br />convenient to Trustor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to <br />the extent permitted by applicable law. <br />Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which information concerning the security <br />interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated on the first <br />page of this Deed of Trust. <br />FURTHER ASSURANCES: ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of <br />this 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 <br />to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, <br />refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all <br />such mortgages,; deeds of trust, security deeds, security: agreements, financing statements, cominuation statements, instruments of <br />further assurance, certificates, and other documents as may; in, the sole opinion of Lender, be necessary or desirable in order to <br />effectuate,. complete, perfect, continue, or preserve (3), , Truster's obligations: under the Note,:this Deed of Trust,. and the Related <br />Documents,; and -12). the liens and security interests created by this Deed of Trust as first,and,prW fiens on the Property, whether <br />now owned orl hereafter acquired by Trustor. Unless prohibited by iaw or: Lender agrees to the contrary- in writing; Trustor shall <br />reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. <br />Attomey-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 <br />of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints Lender as Trustor's attorney-in-fact for <br />the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's <br />sole opinion, to accomplish the matters referred to in the preceding paragraph. <br />FULL PERFORMANCE. If Trustor pays all the Indebtedness, including without limitation all future advances, when due, and otherwise <br />performs all the obligations imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full <br />reconveyance and shall execute and deliver to Trustor suitable statements of termination of any financing statement on file evidencing <br />Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by law shall be paid by Trustor, if <br />permitted by applicable law. <br />EVENTS OF DEFAULT. At Lender's option, Trustor will be in default under this Deed of Trust if any of the following happen: <br />Payment Default. Trustor fails to make any payment when due under the Indebtedness. <br />Break Other Promises. Trustor breaks any promise made to Lender or fails to perform promptly at the time and strictly in the manner <br />provided in this Deed of Trust or in any agreement related to this Deed of Trust. <br />Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note <br />or in any of the Related Documents. If such a failure is curable and if Trustor has not been given a notice of a breach of the same <br />provision of this Deed of Trust within the preceding twelve 0 2) months, it may be cured (and no Event of Default will have occurred) <br />if Trustor, after Lender sends written notice demanding cure of such failure: Is) cures the failure within ten 110) days; or (b) if the <br />cure requires more than ten 0 0) days, immediately initiates steps sufficient to cure the failure and thereafter continues and completes <br />all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. <br />Default on Other Payments. Failure Hof Trustor within the time required by this Deed of Trust to make any payment for taxes or <br />insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. <br />False Statements. Any representation or statement made or furnished to Lender by Trustor or on'Trustor's behalf under this Deed of <br />Trust or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished. <br />Defe"c di(R-Collateralization. This Deed of Trust-or any of the . Related Documents I ceases . to be in full for I ce a I nd effect (including failure <br />of any collateral. document to create a valid and perfected security interest or lien) at any time and for any reason. <br />Death or Insolvency. The death of Trustor, the insolvency of Trustor, the appointment of a receiver for any part of Trustor's property, <br />any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any <br />