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200007462 DEED OF TRUST (Continued) Page 3 appropriate to protect Lender's interests. AN expenses incurred or paid by Lender for such purposes will then bear Interest at the fate charged under the Note from the date Incurred or paid by Lender to the date of repayment by Trustor. AN such expenses will become a part of the Indebtedness and, at Lender's option,'wIN (A) be payable on demand; (B) . be added to the balance of the Note and be apportioned among and be payable with any Installment payments to become due during either (1) the term of any applicable Insurance policy; or (2) the remnatning term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Property also will secure payment of these amounts. The rights provided for in this paragraph shall be to addition to any other rights or any remedies to which Lender may be entitled on account of any default. Any such action by Lender shall not be construed as curing the default so as .to bar Lender from any remedy that it otherwise would have had. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust: Title. Trustor warrants that. (a) Trustor holds good and marketable tide of record to the Property In fee simple, free and dear of all hens and encumbrances other than those set forth in the Real Property description or in the Existing Indebtedness section below or in any titre Insurance policy, Nile report, or final lido opinion issued in favor of, and accepted by, Lander In connection with this Deed of Trust, and (b) Trustor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender. Defense of Title. Subject to the exception in the paragraph above, Trustor warrants and will forever defend the He to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Trustor's Nile or the Interest of Trustee or Lender under this Deed of Trust, Trustor shall defend the action at Trustees expense. Trustor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and io be represenied in the proceeding by counsel of Lender's own choice, and Trustor will deliver, or cause to be delivered, to Lender such Instruments as Lender nay request from line to lime to permit such' participation. Compliance With laws. Trustor warrants that the Property and Trustoes use of the Property complies with all existing applicable laws, ordinaries, and regulations of governmental authorities. Survival of Promises. AN promises, agreements, and statements Trustor has made In this Deed of Trust shall survive the execution and delivery of this Deed of Trust, shall be continuing In nature and shag remain in full force and effect until such lime as Trustor's Indebtedness Is paid in fug. EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Deed of Trust: Existing Lion. The Men of this Deed of Trust securing the Indebtedness may be secondary and inferior to an existing lien. Trustor expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any defauf< on such indebtedness, any default under the Instruments evidencing such Indebtedness, or any default under any security documents for such Indebtedness. No Modification. Trustor-,shall not enter into any agreement with the holder of any mortgage, deed of trust, or other security agreement which has priority over this Deed of Trust by which .that agreement is modified, . amended, extended, or renewed without the prior written consent of. Lender. Trustor shall neither request nor accept any future advances under any such security agreement without the prior written consent of Lender. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust: Proceedings. if any proceeding in condemnation is filed, Trustor shall promptly notify Lender in writing, and Trustor shall promptly take such steps as may be necessary to defend the action and obtain the award. Trustor may be the nominal party In such proceeding, but Lender shag be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Its own choice, and Trustor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to lime to permit such participation. Application of Net Proceeds. If all or any part of the Property Is condemned by eminent domain proceedings or by any proceeding or purchase in Mau of condemnation, Lender nay, at fis election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restcratton of tit' Propertt. T!L- net proedods' of- the award shall mean the award after payment of all reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Deed of Trust: Current Taxes, Fees and Charges. Upon request by Lender, Trustor shall execute such documents in addition to this Deed of Trust and take whatever other action Is requested by Lender to perfect and continue Lender's Men on the Real Property. Trustor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed of Trust, Including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of Trust. Taxes. The following shalt constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (2) a specffic'tax on Trustor which Trustor Is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; ' (3) a tax on this type of Deed of ,Trust chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and Interest made by Trustor. Subsequent Taxes. If any tax to which this section applies Is enacted subsequent to the date of this Deed of Trust, this event shall have the same effect as an Event of Default, and Lander may exercise any or all of its available remedies for an Event of Default as provided below unless Trustor either (1) pays the tax before N becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part of this Deed of Trust: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures or other personal property; and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Trustor shall execute financing sta and take whatever other action is requested by Lender to perfect and continue Lender's security Interest in the Perm Property n addWon to recording this Deed of Trust in the real property records. Lender may, at Alfny jMp and without further au thorbation from Trustor, file executed cowdirpnrls, copies or reproductions of this Deed of Trust as a financing statemuent. TAls —for shall reimbuxs&,L#Adsr for all expenses incurred in perfecting or continuing this security interest. 11Pcc default, Truster shell assemble the Personal Pnlobrtv tri t aianrtsr and at a pi4R ,I osetr tt is Tu7utor and Lender and make it available to Lender within three (3) days after receipt of written demand from,Lender. Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which information concerning the security interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Deed of Trust. FURTHER ASSURANCES; ATTORNEY4N -FACT. The following provisions relating to further assurances and attorney-In -fact are a part of this Deed of Trust: Further Assurencss. At any time, and from time to time, upon request of Lender, Trustor will make, execute and deliver, or will cause to be made, executed or delivered, to Lander or to Lender's designee, and when requested by Lender, cause to be filed, recorded, rallied, or rerecorded, as the case may be, at such times and in such olaoas and pieces as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing staIs penk,. continuation statements, irstruwants of further assurance, certificates, and other documents as may, in the sole opinlon of , be nsbassafy or desirable in order to effeckiske pompieis, perfect, continue, or preserve (1) Trustoes obligations under the Note, this Dead of TMk, #nd the Related. Documents, and 0) the liana, and security Interests created by this Deed of Trust on the Property, whether now owned or hereafiot; acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writing, TrustoF shall reimburse Lender for all costs and expel incurred in connection with the matters referred to in this paragraph. Attorney -tit -Fact. If Trustor fails to do any of the things referred to In the preceding paragraph, Lender may do so for and In this name of Trustor and at Trustoes expense. For such purposes, Trustor hereby Irrevocably appoints Lender as Trustoes attorney - In-W for the