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201108154
<br /> DEE� OF TRUST
<br /> Loan lVo:872058393 {Continued} Page 4
<br /> may be the nominal party in such proceeding,but Lender shall be entitled to participate in the proceeding and to be
<br /> represented in Yhe proceeding by counsel of its own choice, and Trustar tivill deliver vr cause to 4e delivered to
<br /> Lender such Enstruments and documentaiion as may be requested by Lender from Yime Yo time to permit such
<br /> participatton.
<br /> Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by
<br /> any proceeding or purchase in]ieu of condemnatipn,Lendzr may at its election require that all or any portion of the
<br /> net proceeds ot the awanl be a�plied to the Indeb.edness or the repair or restora[ion of the Property. The net
<br /> proceeds of Yhe award shsll mean the award after payment of all reasonable costs,expenses,and attomeys'fees
<br /> incurred by I rusiee or Lender in con�ecEion with the conderr�nation.
<br /> IMPDSlTION OF TAXES,FEES AND CHARGES BY GOVERNMENTAI.AUTHORITIES. The follov�ing provisions relating
<br /> io govemmeMal taxes,fees and charges are a part oi inis deed of Trust
<br /> C¢rrenx Taxes, Fees and Charges. lJpon request by Lerder,Trustor shall execute such documenYS in addition to
<br /> this Deed of Trust and take whatever other action is requested by Ler.der to perfect and continue Lender's lien on
<br /> the Real Prvperty. Trustor shall reimburse Lender for all taxes, as described below, together with all expenses
<br /> incurred in recording, pertecting or continuing this Ueed of 7rust, including without limitation all faxes, fees,
<br /> documerrtary stamps,and other charges inr recording or registering this Deed oY Trust.
<br /> Taxes. The following shell censIitute taxes to which this section applies: (11 a specific tax upon this type of
<br /> �eed of Trust or upon all or any part of the Indebtedness secured py this Deed of Trust; (21 a specific tax on
<br /> Trustor m�hich Trustor is authonzed or required to deduc[from payments on the Indebtedness secured by ihis type
<br /> of➢eed of Trust (31 a[ax on this type of Deed of Trust chargeable against the Lender or ihe holder of ihe Credit
<br /> Agreement; and 141 a specitic tax on all or any portion of the Indebtedness or on paymenrs of principal and
<br /> interest mad¢by Trustor.
<br /> Subseque�it Taxes. If any tax Yo which this section applies is enacted subsequent to the date of this ❑eed ot
<br /> Trust, �is event shall iave the same effect as an Event of Default, and Lender may exercise any or all of its
<br /> availahle remedies for an Event of De°ault as provided belovd unless�li�.cstor eiiher (1} pays the tax hefore it
<br /> her.nmes delinquenx,or (21 conteszs xhe tax as provided above in the Taxes znd Lierts section and deposiu�vith
<br /> Lender cash or a sufficient corporete surety bond or other security satisfactory to Lender.
<br /> SECURITY AGREER9ENT; F[PtANCING STATEMENTS. The following provisions relating to this Deed of Trust as a
<br /> security agreement are a part of this Ceed of Trust:
<br /> Security Agreernent. This instrument shall constitute a Security Agreement te the extent any of the Property
<br /> cons:itutes fixtures,and�ender shall have zll of the rights of a secured party vnder the Uniform Commercial Code
<br /> as amended from time to time.
<br /> Security Interest. Upon request by Lender,7rustor sha�l take whatever action is requested by Lender to Aerfect
<br /> and continue Lender's security interest in the Personal Property. ]n addition tv recording this Deed o�Trust in the
<br /> real property records, Lender may, at any time and without further authorizafion from Trustor, file executed
<br /> counterparts, copfes or reproductlons of this Deed of Trust as a financing statement. Trustor shall refmburse
<br /> Lender for all expenses incurred in perfecting or continuing this security interest. Upon default,Trustor sha[I not
<br /> remove, sever or detach the Personal Property fram the Proper[y. Upon default, Trustor shall assemble any
<br /> Persor�al Property not affixed to the Property in a manner and at a place reasonably cornrenient to Trustor and
<br /> Lender and make it availa6le to Lender within three (3) days after recefpt of written demand from Lender to the
<br /> extent permitted by applicab[e lava.
<br /> Addresses. The matling addresses of Trustor (de6tor) and Lender [secured party) from whfch Information
<br /> concerning the security interest granted 6y this Deed of Trusi may be obtained (each as requtred by the Uniform
<br /> Commercial Code}are as stated on the first page of this Deed of Trust.
<br /> FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to furtFer assurances and
<br /> attarney-in-facr are a parc of this Deed of Trust:
<br /> Farther Assurances. At any time,and from time to time,upon request of Lender,Trustor tvill make,execute and
<br /> deliver,or will cause to be made,executad or deBivered,to Lendes or M Lender's designee,and when requested by
<br /> Lender,cause io 6e fiEed,recorded,refiled,or rerecorded,as the case may be,at such times and in such offices
<br /> end places as Lender may deem apprppridte,any and dll sueh morigages,deeds of trust,security deeds, security
<br /> agreements, financing statements, cantinuation statements, instruments o4 furth2r assurance, certificates, and
<br /> � ather documents as may,in the sole opinion of Lender,be necessary or desirahle in order to effactuate,compleie,
<br /> perfect,continue,or preserve (1� Trustor's o6ligations under the Credit Agreement,this Deed of Trust,and ihe
<br /> Ralated Documents, and (2� ths ]iens and security interests created hy this Deed of Trust on the Propeny,
<br /> whether now owned or herea�er acquired by Trustor. Unless prohibited by law or Lender agrees to the contrery in
<br /> writing,Frustor shall reimburse Lender for alf costs and expenses incurred in connaction with the matters referred
<br /> to in this paragreph.
<br /> Attorney-in-Fact. If Trustor fails to do any of the things referred to in the preceding paragraph, Lender may do so
<br /> for and in the name o;Trusmr and at Trustor's expense. For such purposes,Trustar hereby irrevocably appo3nts
<br /> Lender as Trustor's attorney-in-fact for the purpose oi making,executing,deli�erinc,�iling,recording,and do€ng alf
<br /> other things es mav be necessary or desirable, in Lender's sole opinion,to accomplish the matters referred to in
<br /> the preceding paragraph.
<br /> FULL PERFORMANCE. If Trustor pays all the Indebtedness when due,terminates t�e credit line account,and othenvise
<br /> performs all the obligations imposed upon Trustor under this�eed of Trust, Lender shall execuTe and deliver to Trustee
<br /> a request for full reconveyence and shell execute and deliver to Trustor svitable stetemenis of terminetion of any
<br /> financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Any
<br /> reconveyance fee required by la�a shall be paid by Trustor,if permitted hy applicahle law.
<br /> EVENTS OF DEFAIlLT. TrusEOr will be in default under this Qeed of Trust if any of the fo[lowing happen: 4A1 Trustor ,
<br /> commits fraud or makes a meteria]misrepresentaFPon at any time in connection with the Credit Agreement. This can
<br /> include, for example, a ialse statemenT about Trustor's income, assets, lia6ilitizs, or any other aspects of Trustor's
<br /> financial cond'Rion. (B) Trustor does not meet the repayment term9 of the Credit Agreement. rC) Trustor's aetion or
<br /> inaction adversely affects the collateraE or Lender's rights in the col[ateral. This can include,for example, failure to
<br /> meintein required insuranCe,wa9te or des#rucbve use of the dwe]ling,faifure to pay iaxes,death of all persons I[ab[e on
<br /> the account, transfer of tit]e or sale of ihe dwelling, creation of a senior lien on the dwelling without Leader's
<br /> permission,foreclosure 6y ihe holder of another lien,or the use of funds or the dwelling for prohi6ited purposes.
<br /> f2lGHTS AND REMED]ES ON DEFAULT. If an E�ent of Defau[t occurs under Yhis Deed of Trust,at any Time thereafter,
<br /> Trustee or Lender may exercise any or.e or more of Yhe foliowing rights and remedies:
<br /> Acceleration Upon Defaulx;Additional Remedies. ff sny E�ent of Default occars as per the terms of the Credit
<br /> Agreement secured Fereby,Lender may declare all Inde6tedness secured by this�Jeed of Trust ta Be due and
<br /> payable and the same shall thereupon become due and payable evithout any presentrnent,demand,protest or
<br /> notice vf any kind. T1lereafter,Lender may:
<br /> {a) Either in person or by agent, with or without 6ringing any action or proceeding, or by a receiver
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