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<br />DEED OF TRUST <br />(Continued) <br /> <br />20 0 8 0 132 8 <br /> <br />Page 4 <br /> <br />reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed <br />of Trust, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering .this Deed of <br />Trust. <br /> <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 <br />all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Trustor which Trustor is authorized or <br />required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (3) a tax on this type of Deed of Trust <br />chargeable against the Lender or the holder of the Credit Agreement; and (4) a specific tax on all or any portion of the Indebtedness <br />or on payments of principal and interest made by Trustor. <br /> <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 <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 (1) pays the tax before it becomes delinquent, or (2) 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 /> <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 /> <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 /> <br />Security Interest. Upon request by Lender, Trustor shall take whatever action is requested by Lender to perfect and continue Lender's <br />security interest in the Personal Property. In addition to recording this Deed of Trust in the real property records, Lender may, at any <br />time and without further authorization from Trustor, file executed counterparts, copies or reproductions of this Deed of Trust as a <br />financing statement. Trustor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon <br />default, Trustor shall not remove, sever or detach the Personal Property from the Property. Upon default, Trustor shall assemble any <br />Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Trustor and Lender and make it <br />available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. <br /> <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 /> <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 /> <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, continuation 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 (1) Trustor's obligations under the Credit Agreement, this Deed of Trust, and <br />the Related Documents, and (2) the liens and security interests created by this Deed of Trust as first and prior liens on the Property, <br />whether now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writing, Trustor <br />shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. <br /> <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 <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 /> <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 <br />shall execute and deliver to Trustor suitable statements of termination of any financing statement on file evidencing Lender's security <br />interest in the Rents and the Personal Property. Any reconveyance fee required by law shall be paid by Trustor, if permitted by applicable <br />law. <br /> <br />EVENTS OF DEFAULT. Trustor will be in default under this Deed of Trust if any of the following happen: (AI Trustor commits fraud or <br />makes a material misrepresentation at any time in connection with the Credit Agreement. This can include, for example, a false statement <br />about Trustor's income, assets, liabilities, or any other aspects of Trustor's financial condition. (8) Trustor does not meet the repayment <br />terms of the Credit Agreement. (Cl Trustor's action or inaction adversely affects the collateral or Lender's rights in the collateral. This <br />can include, for example, failure to maintain required insurance, waste or destructive use of the dwelling, failure to pay taxes, death of all <br />persons liable on the account, transfer of title or sale of the dwelling, creation of a senior lien on the dwelling without Lender's permission, <br />foreclosure by the holder of another lien, or the use of funds or the dwelling for prohibited purposes. <br /> <br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or lender <br />may exercise anyone or more of the following rights and remedies: <br /> <br />Acceleration Upon Default; Additional Remedies. If any Event of Default occurs as per the terms of the Credit Agreement <br />secured hereby, lender may declare all Indebtedness secured by this Deed of Trust to be due and payable and the same shall <br />thereupon become due and payable without any presentment, demand, protest or notice of any kind. Thereafter, lender may: <br /> <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 <br />own name or in the name of Trustee, and do any acts which it deems necessary or desirable to preserve the value, <br />marketability or rentability of the Property, or part of the Property or interest in the Property; increase the income from the <br />Property or protect the security of the Property; and, with or without taking possession of the Property, sue for or otherwise <br />collect the rents, issues and profits of the Property, including those past due and unpaid, and apply the same, less costs and <br />