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200401038 <br />(g) PRIOR DEED OF TRUST: If the provisions of this paragraph are completed, this Deed of Trust is subject and <br />subordinate to a prior deed of trust dated and given by us for the benefit of <br />as beneficiary, in the original amount of $ (the "Prior Deed of Trust "). We shall not increase, amend or <br />modify the Prior Deed of Trust without your prior written consent and shall upon receipt of any written notice from the holder <br />of the Prior Deed of Trust promptly deliver a copy of such notice to you. We shall pay and perform all of our obligations under <br />the Prior Deed of Trust as and when required under the Prior Deed of Trust. <br />(h) HAZARDOUS SUBSTANCES: We shall not cause or permit the presence, use, disposal, storage, or release of any <br />Hazardous Substances on or in the Premises. We shall not do, nor allow anyone else to do, anything affecting the Premises that <br />is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the <br />Premises of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses <br />and to maintenance of the Premises. As used in this paragraph, "Hazardous Substances" are those substances defined as toxic or <br />hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic <br />petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and <br />radioactive materials. As used in this paragraph, "Environmental Law" means federal laws and laws of the jurisdiction where <br />the Premises are located that relate to health, safety or environmental protection. <br />(i) SALE OF PREMISES: We will not sell, transfer ownership of, mortgage or otherwise dispose of our interest in the <br />Premises, in whole or in part, or permit any other lien or claim against the Premises without your prior written consent. <br />0) INSPECTION: We will permit you to inspect the Premises at any reasonable time. <br />NO LOSS OF RIGHTS: The Note and this Deed of Trust may be negotiated or assigned by you without releasing us or the <br />Premises. You may add or release any person or property obligated under the Note and this Deed of Trust without losing your <br />rights in the Premises. <br />DEFAULT: Except as may be prohibited by applicable law, and subject to any advance notice and cure period if required by <br />applicable law, if any event or condition described in Paragraph I I.A. of the Note occurs, you may foreclose upon this Deed of <br />Trust as a mortgage by judicial proceeding or sell the Premises pursuant to the power of sale conferred in this Deed of Trust. <br />This means that you may arrange for the Premises to be sold, as provided by law, in order to pay off what we owe on the Note <br />and under this Deed of Trust. If the money you receive from the sale is not enough to pay off what we owe you, we will still <br />owe you the difference which you may seek to collect from us in accordance with applicable law. In addition, you may, in <br />accordance with applicable law, (i) enter on and take possession of the Premises; (ii) collect the rental payments, including <br />over -due rental payments, directly from tenants; (iii) manage the Premises; and (iv) sign, cancel and change leases. We agree <br />that the interest rate set forth in the Note will continue before and after a default, entry of a judgment and foreclosure. In <br />addition, you shall be entitled to collect all reasonable fees and costs actually incurred by you in proceeding to foreclosure or <br />trustee sale, including, but not limited to, reasonable attorneys fees and costs of documentary evidence, abstracts and title <br />reports. If Beneficiary elects to sell our interest in the Premises by exercise of the power of sale herein contained, Beneficiary <br />will notify Trustee in the manner then required by law. Upon receipt of such notice of Beneficiary and at the direction of <br />Beneficiary, Trustee will cause to be recorded, published and delivered such notices of default and notices of sale as may then <br />be required by law and by this Deed of Trust. Trustee will, only at the direction of Beneficiary and without demand on us, <br />after such time as may then be required by law and after recordation of such notice of default and after notice of sale having <br />been given as required by law, sell the Premises at the time and place of sale fixed by it in such notice of sale, either as a whole <br />or in separate lots or parcels or items as Beneficiary deems expedient, and in such order as it may determine, at public auction <br />to the highest bidder for cash in lawful money of the United States payable at the time of sale, or as otherwise may then be <br />required by law. Trustee will deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the <br />property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts <br />shall be conclusive proof of the truthfulness thereof. Any person, including without limitation, us, Trustee or Beneficiary, may <br />purchase at such sale. Trustee may in the manner provided by law postpone sale of all or any portion of the Premises. The <br />Trustee shall apply the proceeds of the Trustee's sale, first, to the costs and expenses of exercising the power of sale and of the <br />sale, including the payment of the Trustee's fees actually incurred not to exceed the amount which may be provided for in the <br />Deed of Trust, second, to the payment of the obligation secured by the Deed of Trust, third, to the payment of junior deeds of <br />trust, mortgages or other lienholders, and the balance, if any, to the person or persons legally entitled thereto. <br />ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER: As additional security, we assign to you the rents of the <br />Premises. You or a receiver appointed by the courts shall be entitled to enter upon, take possession of and manage the Premises <br />and collect the rents of the Premises including those past due. <br />WAIVERS: To the extent permitted by applicable law, we waive and release any error or defects in proceedings to enforce this <br />Deed of Trust and hereby waive the benefit of any present or future laws providing for stay of execution, extension of time, <br />exemption from attachment, levy and sale and homestead exemption. <br />BINDING EFFECT: Each of us shall be fully responsible for all of the promises and agreements in this Deed of Trust. Until <br />the Note has been paid in full and your obligation to make further advances under the Note has been terminated, the provisions <br />of this Deed of Trust will be binding on us, our legal representatives, our heirs and all future owners of the Premises. This <br />LOAN NO.: 80004523 page 3 of 5 Initials <br />FE- 4331(NE) (0205) <br />ORIGINAL <br />