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<br />DEED OF TRUST .� 012 0 8 9 0�
<br />Loan No: 101258035 (Continued) Page 3
<br />encumbrences, and other clafms, (B) to provide any required insurance on the Property, (C) to make repairs to the
<br />Property or to comply with any obligation to maintain Existing Indebtedness in good standing as required below, then
<br />Lender may do so. If any action or proceeding is commenced thet would mater(ally effect Lender's interests in the
<br />Property, then Lender on Trustor's behalf iney, but is not required to, take any action that Lender believes to be
<br />appropriate to protect Lender's interests. All expenses incurred or peid by Lender for such purposes will then bear
<br />interest et the rate charged under the Credit Agreement from the date incurred or paid by Lender to the dete of
<br />repeyment by Trustor. All such expenses will become a part of the Indebtedness end, at Lender's option, will (A1 be
<br />payable on demend; (B) be added to the balance of the Credit Agreement and be apportioned emong and be payable
<br />with any installment payments to become due during efther (1) the term of eny applicable insurance policy; or (Z) the
<br />remaining term of the Credit Agreement; or (C) be treated as a balloon payment which will be due and payable at the
<br />Credit Agreement's meturity.
<br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property ere a pert of this Deed
<br />of Trust:
<br />TIUe. Trustor warrents thet: (a) Trustor holds good and marketable title of record to the Property in fee simple,
<br />free end clear of all Ilens and encumbrances other than those set forth in the Real Property deacription or in the
<br />Existing Indebtedness section below or in any title insurance policy, title report, or final title opinion issued in favor
<br />of, and accepted by, Lender in connection with this Deed of Trust, and (b) Trustor has the full right, power, and
<br />authority to execute end deliver this Deed of Trust to Lender.
<br />Defense of Title. Subject to the exception in the peregraph above, Trustor warrants and will forever defend the
<br />title to the Property ageinst the lawful claims of all persons.
<br />EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a pert of thia Deed of Trust:
<br />Exisdng Lien. The lien of this Deed of Trust securing the' Indebtedness may be secondery and fnferior to an
<br />existing lien. Trustor expressly covenents end egree§'to p'ay,; ar see to the payment of, the Existing Indebtedness
<br />and to prevent eny default on such indebtedness, any default under the instruments evfdencing auch indebtedness,
<br />or eny default under eny security documents for such indebtedness.
<br />EVENTS OF DEFAULT. Trustor will be in default under this Deed of Trust if any of the following heppen: (A) Trustor
<br />commits fraud or mekes a material misrepresentetion at any time in connection with the Credit Agreement. This can
<br />include, for example, a felse stetement about Trustor's income, assets, liabilities, or any other espects of Trustor's
<br />financial condition. (B) Trustor does not meet the repayment terms of the Credit Agreement. (C) Trustor's action or
<br />inaction adversely affects the collaterel or Lender's rights in the collateral. This cen include, for example, failure to
<br />maintain required insurance, waste or destructive use of the dwelling, failure to pay taxes, death of all persons liable on
<br />the eccount, transfer of title or sale of the dwelling, creation of a senior lien on the dwelOng without Lender's
<br />permission, foreclosure by the holder of enother lien, or the use of funds or the dwelling for prohibited purposes.
<br />RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of eny Event of Default under any indebtedness, or
<br />should Trustor fail to comply with eny of Trustor's obligations under this Deed of Trust, Trustee or Lender may exercise
<br />any one or more of the following rights and remedies:
<br />Acceleretion Upon Defauk; Additional Remedies. If eny Event of Default occurs es 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 end payable without eny presentment, demand, protest or
<br />notice of any kind. Thereafter, Lender may:
<br />(a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver
<br />appointed by a court and without regerd to the adequacy of its 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 eny 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; end, with or without taking possession of the Property, sue for or othenivise collect the
<br />rents, issues and profits of the Property, including those past due and unpaid, and apply the seme, less
<br />costs end expenses of operation and collection attorneys' fees, to any indebtedness secured by this Deed
<br />of Trust, all in such order as Lender may detarmine. The entering upon end taking posaessfon of the
<br />Property, the collection of such rents, issuea and pl�ofits, and the application thereof shell not cure or
<br />waive any defeult or notice of default under this Deed of Trust or invalidate any act done in response to
<br />such default or pursuant to such notice of default: and, notwithstanding the continuance in possession of
<br />the Property or the coltection, receipt and appUcation of rents, issues or profits, Trustee or Lender shall
<br />be entitled to exercise every right provided for in the Credit Agreement or the Related Documents or by
<br />law upon the occurrence of any event of default, including the right to exercise the power of sale;
<br />(b) Commence an action to foreclose this Deed of Trust as a mortgage, appofnt a receiver or specifically
<br />enforce any of the covenants hereof; and
<br />(c) Deliver to Trustee a written decleretion of default and demand for sale and e written notice ot default
<br />and election to cause Trustor's interest in the Property to be sold, which notice Trustee ahall cause to be
<br />duly filed for record in the appropriate offices of the County in which the Property is located; and
<br />(d) With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies
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