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200401619 DOC ID #: 0004927963802004
<br />(d) CONDEMNATION: We assign to you the proceeds of any award or claim for damages, direct or
<br />consequential, in connection with any condemnation or other taking of the Premises, or part thereof, or for
<br />conveyance in lieu of condemnation, all of which shall be paid to you, subject to the terms of any Prior Deed of
<br />Trust.
<br />(e) SECURITY INTEREST: We will join with you in signing and filing documents and, at our expense, in
<br />doing whatever you believe is necessary to perfect and continue the perfection of your lien and security interest in
<br />the Premises. Trustee shall not be liable for any error of judgment or act done by Trustee, or be otherwise
<br />responsible or accountable under any circumstances whatsoever. This Deed of Trust will be effective as a financing
<br />statement filed as a fixture filing with respect to all fixtures included within the Premises and is to be filed for
<br />record in the real estate records of each county where any part of the Premises (including said fixtures) is situated.
<br />This Deed of Trust shall also be effective as a financing statement covering any other Premises and may be filed in
<br />any other appropriate filing or recording office. A carbon, photographic or other reproduction of this Deed of Trust
<br />or of any financing statement relating to this Deed of Trust shall be sufficient as a financing statement for any of the
<br />purposes referred to in this paragraph.
<br />(f) OUR AUTHORITY TO YOU: If we fail to perform our obligations under this Deed of Trust, you may, if
<br />you choose, perform our obligations and pay such costs and expenses. You will add the amounts you advance to the
<br />sums owing on the Note, on which you will charge interest at the interest rate set forth in the Note. If, for example,
<br />we fail to honor our promises to maintain insurance in effect, or to pay filing fees, taxes or the costs necessary to
<br />keep the Premises in good condition and repair or to perform any of our other agreements with you, you may, if you
<br />choose, advance any sums to satisfy any of our agreements with you and charge us interest on such advances at the
<br />interest rate set forth in the Note. This Deed of Trust secures all such advances. Your payments on our behalf will
<br />not cure our failure to perform our promises in this Deed of Trust. Any replacement insurance that you obtain to
<br />cover loss or damages to the Premises may be limited to the amount owing on the Note plus the amount of any Prior
<br />Deeds of Trust.
<br />(g) PRIOR DEED OF TRUST: If the provisions of this paragraph are completed, this Deed of Trust is subject
<br />and subordinate to a prior deed of trust dated FEBRUARY 15, 2004 and given by us for the benefit of
<br />COUNTRYWIDE HOME LOANS >
<br />as beneficiary, in the original amount of $ 5 5, 8 0 0. 0 0 (the 'Prior Deed of Trust "). We shall not increase,
<br />amend or modify the Prior Deed of Trust without your prior written consent and shall upon receipt of any written
<br />notice from the holder of the Prior Deed of Trust promptly deliver a copy of such notice to you. We shall pay and
<br />perform all of our obligations under 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
<br />release of any Hazardous Substances on or in the Premises. We shall not do, nor allow anyone else to do, anything
<br />affecting the Premises that is in violation of any Environmental Law. The preceding two sentences shall not apply
<br />to the presence, use, or storage on the Premises of small quantities of Hazardous Substances that are generally
<br />recognized to be appropriate to normal residential uses and to maintenance of the Premises. As used in this
<br />paragraph, "Hazardous Substances" are those substances defined as toxic or hazardous substances by
<br />Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products,
<br />toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive
<br />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
<br />interest in the Premises, in whole or in part, or permit any other lien or claim against the Premises without your
<br />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
<br />us or the Premises. You may add or release any person or property obligated under the Note and this Deed of Trust
<br />without losing your rights in the Premises.
<br />DEFAULT: Except as may be prohibited by applicable law, and subject to any advance notice and cure period if
<br />required by applicable law, if any event or condition described in Paragraph I I.A. of the Note occurs, you may
<br />foreclose upon this Deed of Trust as a mortgage by judicial proceeding or sell the Premises pursuant to the power of
<br />sale conferred in this Deed of Trust. This means that you may arrange for the Premises to be sold, as provided by
<br />law, in order to pay off what we owe on the Note and under this Deed of Trust. If the money you receive from the
<br />sale is not enough to pay off what we owe you, we will still owe you the difference which you may seek to collect
<br />from us in accordance with applicable law. In addition, you may, in accordance with applicable law, (i) enter on and
<br />take possession of the Premises; (ii) collect the rental payments, including over -due rental payments, directly from
<br />tenants; (iii) manage the Premises; and (iv) sign, cancel and change leases. We agree that the interest rate set forth
<br />in the Note will continue before and after a default, entry of a judgment and foreclosure. In addition, you shall be
<br />entitled to collect all reasonable fees and costs actually incurred by you in proceeding to foreclosure or trustee sale,
<br />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,
<br />Beneficiary will notify Trustee in the manner then required by law. Upon receipt of such notice of Beneficiary and
<br />• HELOC - NE Deed of Trustj �/
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