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, .,
<br />Loan No: 101247823
<br />to permit such perticipetion.
<br />DEED OF TRUST 2 p 12 0 0 0 4 f
<br />(Continued)
<br />Page 5
<br />Compliance With Laws. Trustor warrants that the Property end Trustor's use of the Property complies with all
<br />existing applicable laws, ordinances, and regulations of governmental euthorities,
<br />Survival of Representetions and Warrer�ties. All representations, warranties, and agreements made by Trustor in
<br />this Deed of Trust shall survive the executfon and delivery of this Deed of Trust, shall be continuing in nature, and
<br />shall remain in full force and effect until such time as Borrower's Indebtedness shall be paid in full.
<br />EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Deed of Trust:
<br />Existing Lien. The lien of this Deed of Trust securing the Indebtedness mey be secondary and inferior to an
<br />existing lien. Trustor expressly covenants and egrees to pey, or see to the payment of, the Exlsting Indebtedness
<br />and to prevent any default on such indebtedness, any defeult under the inatruments evidencing such indebtedness,
<br />or any default under any security documents for such indebtedness.
<br />No Modification. Trustor shell not enter into eny agreement with the holder of any mortgage, deed of trust, or
<br />other security agreement which has priority over this Deed of Trust by which that agreement is modified,
<br />amended, extended, or renewed without the prior written consent of Lender. Trustor shell neither request nor
<br />accept any future advances under any such security agreement without the prior written consent of Lender.
<br />CONDEMNATION. The following provisions relating to condemnetion proceedings are a part of this Deed of Trust:
<br />Proceedings. If eny proceeding in condemnation is filed, Trustor shall promptly notify Cender in writing, and
<br />Trustor shall promptly teke such stepa as may be necessary to defend the action and obtain the award. Trustor
<br />may be the nominel party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be
<br />represented in the proceeding by counsel of its own choice, and Trustor will deliver or cause to be delivered to
<br />Lender such instruments and documentation as mey be requested by Lender from time to time to permit such
<br />participation.
<br />Application of Net Proceeds. If all or any part of the Property is condemned by eminent domein proceedings or by
<br />eny proceeding or purchese in liau of condemnation, Lender may at its election require that all or any portion of the
<br />net proceeds of the award be applied to the Indebtedness or the repeir or restoration of the Property. The net
<br />proceeds of the award shall mean the eward efter payment of all reasoneble costs, expenses, and attorneys' fees
<br />incurred by Trustee or Lender in connection with the condemnation.
<br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions releting
<br />to governmental taxes, fees and charges are a part of this Deed of Trust:
<br />Currerrt Taxes, Fees and Charges. Upon request by Lender, Trustor shall execute such documents in eddition to
<br />this Deed of Trust end take whatever other action is requested by Lender to perfect end continue Lender's lien on
<br />the Real Property. Trustor shall reimburse Lender for ell taxes, as described below, together with all expenses
<br />incurred in recording, perfecting or continuing this Deed of Trust, including without- limftation all texes, fees,
<br />documentary stamps, end other charges for recording or regiatering this Deed of Trust.
<br />Taxes. The following shall constitute texes to which this section applies: (1) e specific tax upon this type of
<br />Deed of Trust or upon all or any part of tha Indebtedness secured by this Deed of Trust; (2) a specific tax on
<br />Borrower which Borrower is authorized or required to deduct ftom payments on the Indebtedness secured by this
<br />type of Deed of Trust; (3) e tax on this type of Deed of Trust chargeable ageinst the Lender or the holder of the
<br />Note; end (4) e specific tax on all or any portion of the Indebtedness or on payments of principal and interest
<br />made by Borrower.
<br />Subsequent Texes. If any tax to which this section applies is enacted subsequent to the date of this Deed of
<br />Trust, thia event shell have the same effect as an Event of Default, and Lender may exercise any or all of its
<br />availeble remedies for an Event of Default as provided below unless Trustor either (1) peys the tax before it
<br />becomes delinquent, or (2) contests the tax as provided above in the Texes and Liens sectfon and depoaits with
<br />Lender cash or a sufficient corporete surety bond or other security satisfactory to Lender.
<br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust es a
<br />security agreement are a part of this Deed of Trust:
<br />Security AgreemeM. This instrument shell constitute a Security Agreement to the extent any of the Property
<br />constitutes fixtures, end Lender shall heve all of the rights of e secured parry under the Uniform Commercial Code
<br />es amended from time to time.
<br />Security Interest. Upon request by Lender, Trustor shell take whatever ection is requested by Lender to perfect
<br />and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Deed of
<br />Trust in the real property records, Lender may, et eny time and without further authorization from Trustor, file
<br />executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Trustor shall
<br />reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon defeult, Trustor
<br />shall not remove, sever or detech the Personal Property from the Property. Upon default, Trustor shall assemble
<br />eny Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Truator end
<br />Lender and make it evailable to Lender within three (3) deys after receipt of written demand from Lender to the
<br />extent permitted by eppliceble law.
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