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Lender to make partial release or releases of security hereunder (whether or not such releases are <br />required by agreement among the parties) agreeable to Trustee and Lender without notice to or <br />the consent, approval or agreement of other names and interest, including junior lienors and <br />purchasers subject to this which partial release or releases shall not impair in any manner the <br />validityof or priority of this Deed of Trust on the Premises remaining hereunder, nor release <br />Borrower from liability for the indebtedness hereby secured. Notwithstanding the existence of <br />any other security interests in the Premises held by Lender or by any otherparty, Lender shall <br />have the right to determine the order in which any or all of the Premises shall be subjected to the <br />remedies provided herein. Lender shall have the right to determine the order in which any or all <br />portions of the indebtedness secured hereby are satisfied from the proceeds realized upon the <br />exercise of the remedies provided herein. Borrower and any party who consents to this who has <br />actual or constructive notice hereof hereby waives any and all right to require the marshaling of <br />assets in connection with the exercise of any of the remedies permitted by applicable law or <br />provided herein. <br />10.Additional Financing Prohibited. Borrower may not pledge or encumber the Premises <br />herein conveyed without first obtaining Lender's written consent. <br />11.Uniform Commercial Code Security Agreement. This Deed of Trust is intended to be <br />a security agreement with respect to items referred to herein which may be subject to a security, <br />interest pursuant to the Uniform Commercial Code, and Borrower hereby grants Lender a <br />security interest in said items. Borrower agrees that Lender may file this Deed of Trust as a <br />financing statement, and at Lender's request agrees to execute such financing statements, <br />extensions or amendments as Lender may require to perfect asecurity interest with respect to <br />said items. In the event of default, Lender shall have, in addition to its other remedies, all rights <br />and remedies provided for in the Uniform Commercial Code as enacted in North Carolina. <br />12.Events of Default.Any of the following shall constitute an "Event of Default" <br />hereunder: <br />a.The failure to make when due any payment, whether of principal or interest under the <br />Note; <br />b.The failure to make any other payment to Lender required by the Loan Documents <br />within ten (10) days after notice from Lender directing Borrower to make the <br />payment, but in any event before the same is past due; <br />c.Any covenant, representation, warranty made by Borrower or material Information <br />supplied to the Lender proves to be materially false or misleading when made or <br />given; the transfer of all or part of the Premises (including a beneficial interest) <br />without Lender's prior written consent; <br />d.The death, dissolution, merger, consolidation or termination of existence of Borrower <br />or any guarantor hereof or the transfer of any beneficial interest in Borrower without <br />Lender's prior written consent (if Borrower is a married couple, the death of Borrower <br />means the death of the survivor of the married couple); <br />DocuSign Envelope ID: 12C19140-2C02-498E-AD84-772B4830D31B