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� 201108714
<br /> DEED OF TRUST
<br /> Loan No: 872058407 (COntinued) Page 4
<br /> Borrower which Borrower is authorized or required to deduct from paymerns on the Intle6tedness secured by this
<br /> type of Deed of Trust; (3) a tax on this type of Deed of Trust chargeable againsi the Lender or the holder of the
<br /> 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 Borrower.
<br /> Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed ofi
<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 /> becomes delinquent,or (2) contests the tax as provided a6ove in the Taxes and Liens section and deposits with
<br /> � Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender.
<br /> SECURITY AGREEMENT; FINANCWG STATEMENTS. The following provisions relaiing to this Deed of Trust as a
<br /> security agreement are a part of this Deed of Trust:
<br /> Security Agreemenfi. This instrument shall constitute a Security Agreement to the extent any of the Properry
<br /> constitutes fixtures,and Lender shall have alI of the rights of a secured party under the Uniform Commercial Code
<br /> as amended from time to time.
<br /> Security iriterest. Upon reques2 by Lender,Trustor shall take whatever action is requested by Lender to perfect
<br /> antl continue Lender's security interest in the Personal Property. In addition to recording this Deetl of Trust in the
<br /> real property records, Lender may, at any time and without further authorization from Trustor, file executed
<br /> counterparis, copies or reproductions of this Deed of Trust as a financing statemeni. Trustor shall reimburse
<br /> Lender for all expenses incurred in perfecting or continuing this security interest. Upon default,Trustor shall not
<br /> remove, sever or detach the Personal Property from the Property. Upon default, Trustor shall assemble any
<br /> Personai 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) days after receipt of written demand from Lender to the
<br /> extent permittetl by applicable law.
<br /> Addresses. The mailing addresses of Trusto� (debtor) and Lender (secured party) from which information
<br /> concerning the security interest granted by this Deed of Trust may be obtained (each a5 required 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 retating to fur[her assurances and
<br /> attorney-in-fact are a part of this Deed of Trust:
<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 Lender or to Lender's designee,and when 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 mortgages,deeds of trust,security deeds,sesurity
<br /> agreements, financing�statements, continuation statements, instruments of further assurance, cettificates, and
<br /> other documents as may,in the sole opinion of Lender,be necessary or desirable in order to effectuate,complete,
<br /> perfect,continue,or preserve 11) Borrower's and Trustor's obligations under the Credit Agreement,this Deed of
<br /> Trust,and the Related Documents,and (2) the liens and security interests created by this Deed of Trust as first
<br /> and prior liens on the Property,whether now ownetl or hereafter acquired 6y Trustor. Unless prohibited by law or
<br /> Lender agrees to the contrary in writing, Trustor shall reimburse Lender for all costs and expenses incurred in
<br /> connection with the matters referred to in This paragraph.
<br /> ATtorney-in-Pact. 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 of Trusmr and at Trus4or's expense. For such purposes,Trustor�here6y 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 may be necessary or desirable,in Lender's sole opinion,to accomplish the matters referred to in
<br /> the preceding paragraph.
<br /> FULL PERFORMANCE. If Borrower and Trustor pay all the Indebtedness when due,terminates the credit line account,
<br /> and Trustor otherwise performs all the obligations imposed upon Trustor under this Deed of Trust,Lender shall execute
<br /> and deliver to Trustee a request fot full reconveyance and shall execute and deliver to Trustor suitable statemeMS of
<br /> termination of any financing statement on file evidencing LendePs security interest in the Rents and the Personal
<br /> Property. Any reconveyance fee required by law shall be paid by Trustor,if permitted by applica6le law.
<br /> EVENTS OF DEFAULT. Trustor will be in default under this Deed of Trust if any of the foflowing happen: (A) Trustor
<br /> commits fraud o�makes a materiai misrepresentation at any time in connection with the Cretlit Agreement. This can
<br /> include,for example,a false statement about BorrowePs or Trustot's income,assets,lia6ilities,or any other aspects of
<br /> Borrower's or Trustol�s financial condition. (B) Borrower does not meet the repayment terms of the Credit Agreement.
<br /> (C) Trustor's action or inaction adversely affects the collateral or Lender's rights in the collateral. This can include,for
<br /> example,failure to maintain required insurance,waste or destructive use of the dwelling,failure to pay taxes,death of
<br /> all persons liable on the account, transfer of title or sale of the dwelling, creation of a senior lien on the dwelling
<br /> without LendePs permission,foredosure by the holder of another lien,or the use of funds or the dwelling for prohibited
<br /> purposes. �
<br /> RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs underthis Deed of Trust,at any time thereafter,
<br /> Trustee or Lender may exercise any one or more of the following rights and remedies:
<br /> Acceleration Upon Default;Additional Remedies. If any Event of Default occurs as per the terms of the Credit
<br /> Agreement secured hereby,Lender may declare all Indebtedness secured by this Deed of Trust to be due and
<br /> payable and the same shall thereupon become due and payable without any presentment,demand,protest or
<br /> notice of any kind, Thereafter,Lender may:
<br /> (a) Ei[her in person or by ageM, with or without bringing any action or proceeding, or tiy a receiver
<br /> appointed by a court and without regard to tlie adequacy of ics security,enter upon and take possession
<br /> of the Property,or any part thereof,in its own name or in the name of Trustee,and do any acts which it
<br /> deems necessary or desirable to preserve the value,marketability or rentabiliTy of the Property,or part of
<br /> The Property or interest in the Property;increase the income from the Property or protect the security of
<br /> the Property; and, with or without taking possession of the Property, sue for or otherwise collect the
<br /> rents,issues and profits of the Property,including those past due and unpaid,and apply the same,less
<br /> � costs and expenses of operation and collection attorneys'fees,to any inde6tedness secured by this Deed
<br /> of Trust, all in sucli order as Lender may determine. The entering upon and taking possession of the
<br /> Property, the collection of such rents, issues and profits, and the application thereof shall not cure or
<br /> waive any default or notice of default under this Deed of Trust or invalidate any act done in response to
<br /> sach default or pursuant to such notice of default;and,notwithstanding the continuance in possession of
<br /> the-Property or the collection,receipt and application of rents;issues or profits,Trustee or Lender shall
<br /> be entitled to exercise every right provided for in the Credit Agreement or the Reiated Documents or by
<br /> law upon ihe occurrence of any event of defaWi,including fhe right to exercise the power of sale;
<br /> (b) Commence an action to foreclose this Deed of Trust as a mortgage,appoint a receiver or specifically
<br /> enforce any of the covenants hereof;and
<br /> (c) Deliver to Trustee a written declaration of default and demand for sale and a written notice of default
<br /> and election to cause Trustor's interest in the Property to be sold,which notice Trustee shall cause to be
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