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0 -03 FRI 02:22 PM FAX: PAGE 17 <br />200300479 <br />DEED OF TRUST <br />Loan No: 19847 (Continued) Page 3 <br />execute and debyer this Deed of Trust to Leader. <br />Defense of Tile. Subject m the exception in the paragraph above; Trust" warrants Rod will (waver defend fie title to the Property againat <br />IN fie l Claims m all persons. In the event any action or proceeding is commenced that quashom Tr (mgrs at, "the Interect Of Teske or <br />Lender under this Dead of Trust, Trustor May Call Me action at Trusters expense. Trainor may be the nominal party in such proceedng, <br />but Lender shall be enthled to participate In the proceeding and to be represented In the proceeding by Mme of Lender's own choice, and <br />Trustor will deliver, or Cause to he dsfvarad to Lender such instruments as Lender may request from time to time to p"md such <br />Participation. <br />Compliance With Laws. Trustor warrants that the Property and Trrmt"'s use of the Properly complies with au exiting applicable taws, <br />Ordinances, end regulations of guen rnmemalaumormes. <br />Suye'ival of promMes. All promises, Samara , and statememl3 Trust" has made In this Dead of Trust shall sureive the mal and <br />delivery of INS Deed of Trust, shall be continuing in nature and shah Mail in full brce and effect peel such time all Yfmlors Indebtedness <br />is paid in full. <br />CONDEMNATION. The fdROwirg provisions relating to condemnation proceact,gs are a pad of thle Dead of Trust: <br />Proceedings. If any processing in conderml is filed. Trustor shall prompffy nobly Lender in writing, and Trustor shall promptly eke such <br />steps m my be necessary to defend the action and obtain me meant Trustor may be the nominal party in such proeeding, bug Lander <br />shall be entlled to participate in the proca lg and to be represented in the procmtlhlg by counsel of its own choice, and Trustor It <br />delver m cause to be debwasal to Lender such instruments and documentation as may be requesetl by Lender from time to end to permit <br />such participation. <br />Application of Net Pro defill It all or any pan of the Property is Condemned by eminent domain proceedings or by any procmdirg a <br />purchase in lieu of concentration, Lender may at ie election require that all " any portion of the eat proceeds of the award be applied to the <br />Indebtsiress' or the al lr or migration of the Property. The net Fragments of the award Shea mean the award after payment of all <br />reasonable cosh, exboo s, and aflomays'tess incurred by Trustee or tender In connection wish the condemreabon. <br />IMPDSITIGN OF TA)IES, FEES AND CHARGES BY GOVERNMENTAL AUrr"ITIIS. The gamete provisions owatng to governmamel twins, <br />ties and Charges are a pad of this Deed of Trust <br />Current Toes, Fees and Chmgea. Upon request by Lender, Teat" Shell emCUte such documents In addiction to this Deed Of Trust and <br />take whaever other action a requested by Lender to perfect and OoNnm lenders lien on the peal Property. TNN" shall reimburse Lender <br />for all tar,¢b, as described below, tegataer whn a expenses Incurred in recording, perfecting or continuing this Dead of Trust. Ixluding <br />without Amitation all b m .less, documentary Stamps, and other phegmbr Moral or regagring this Dead ofTruel. <br />Tares. The 10110'eing Shall Constitute Was to which ties section Vona: (I) a specific tax upon this typo of Deed Of Teat or upon all Or any <br />part of the Indebtedness secured by this Deed of Trust; (2). a Spel tax on ToMor which Trill is sulhorisad or requited to deduct from <br />payments on the Indebtedness secured by On type of Dead of Trust; (3) a tax On this We of Dead Of Trust chRgwble against the Lender <br />or to holder of the Note; and (4) a specific lax on all or any portion of the Indebtedness a on paymoms of p fiffi el and interest made by <br />Trustor. <br />Subaequantraxeq. If any I to which this section applies is enacted subsequent to the date of thin Dead of Trost, this event shatl have The <br />Same effect .an an Event of Deault, and Lender may meam m any or all Its avtaabta rental for an Eeam of Default m provided below <br />unless Trusor ehmer (1) pays the tax before it bagginess detail or (2) gardenia the tax as provided above in the Taxes and Lem <br />Sketch and deposits with Lender cash or a sufficient Carbonate, baby, bond or otter weeny agesNCtOry, to Lends. <br />SECURITY AGREEMENT; FINANCING STATEMENTS. T Of01ewirgwoveiomfetaenglolhts Deedof Trustasaaedudyagraemantmapad <br />of this Dead of Thal: <br />Security Ayreemedt. This instrument stag coral a SeoUmy Agreement to [be exlent any Of the Property ocrst fill fixtwm, and Lender <br />shall have as of the rights of a Secured party under the Uniform Commercial Code matiended from time to rime. <br />Shall Interest. Upon request by Lender, TROOP shall. Somali Rmnciig statements and take whatmer Other action is rogpwed by <br />Lender to perfect and Continue Cantle's security Interest in the personal Property. In addition to recording this Dead of Test in fie ray <br />Properly records, Lender may, at any time and without further epthommi from Trustor, file excuted counterparts, Copies or reproducaore <br />of the Deed of Trust as a finarcing statement. Trui shah reimburse Lender for all a pense6 incurred In pedectlrg or continuing this <br />secunty, Interest.' Upon defaug, Trustor shall not wove, sever or detach the Pemgnal Property from the Property. Upon deffil Testa <br />all assemble any Personal Property not afidsed to the Prepay In a manner and at a place reel mbly convenient to Trust" and Lender <br />and peke it Mw ilable to Lender within three (3) days new mompt of written demand from Lender m the axlent permitted by applicable law. <br />Addresses. The milling abnormal of Trustor (delmor) and Lender (secured party) from which inhxmadon Concerning the sale y Interest <br />granted bydms Dew of Trust may be obtained (men as required by the Uniform Commercial Coda) are as stated on the first page of this <br />Dead of Trust. <br />FURTHER ASSURANCES; ATTORNEY- IN-FACT. The 1011 ng provsfom raising to hall riser and attorney- ♦Mfact are a pad Cf this <br />Deed of Trul <br />Further Asso encea. At any fire, and from Gee to time, upon Ml of Lender, Tool will make, eecute and delNer,"will Cams to be <br />made; executed a delivered, to Lender a to Lenders deslgpa t, and when requested by Lender, cause W be filed, recorded railed, or <br />rerecorded. as he cam may be, at such fimss and in such offset ad plaaa as Longer my deem appropriate, any and all such morgue", <br />dead$ of heal, Wility deeds, secumy. agmments, financing' statemads, cgminwiti skkmems, InsVUmenk of harmer assurance, <br />cedificaes, and other documents as MY, in the sob opinion of Lender. as necessary or fifime s in ostler to effectuate, compete, perfect, <br />continue, or preserve (1) Trusters obagatiors under the Note, this Dead of Trust, and the Related Documents, and (2) the Ilene and <br />security iIMMus created by this Dean W Then ag all and pddr ]term go me PrOPerFy, whether now owned Or thermal acquired! by Tiew, <br />Unless prOnlbfted by law or Lender agrees to the contrary inwri ft TrUSkN all )elmburm Lei for ell costs and mpenem Incurred in <br />connectlonwith the masers refereed to in the paagmi <br />ANOrney -In i. It Trust" bas to do any of fire Wngs referred b in the preceding PsregmPh, Lender may do so for and In the memo of <br />Trushx and at Trustcis erpesse. Fa such purposes, Trustor hereby irrevocaby, appoints lender m Trusters aff"nayin-fac1 for the <br />purpose of olakfng, BAecuerg, delooming, filing, Morning. and doing all other things as may be necessary or desioabe, In Lenders sole <br />opinion, to accomplish the matters referred to in the preceding paragraph_ <br />FULL PERFORMANCE. If Trustor pays at the Indebtedness, Including without IimGgtion ail future atleangea, when due, and Otherwise peddrmg <br />all the Obligations imposed upon Trusmn under this Deed of Trust, Lender shall execute and deal to Trustee a request for not racgaemew and <br />shall exegue and delwar to Trustor suitable sfakments of termination m any fimendrg statement on fits eWdancime Londers, sm i(y Interest in I" <br />Rents and the Personnel Property. Any r¢onireyange fee required by new shah be paid by Trusts, If permfted by applicable few. <br />EVENTS OF DEFAULT. At Lenders option, Trustpn wtfi Oe in dm9Ull UndathisDmd M Trust R any d the fDUuw g happen: <br />Payment DafauN. Trustor Met to make any payment when due under the InEEblednam. <br />Break Other Promfap. Trustor breaks any promiya road@ to Lender or fails to perform promptly at the Gee and sbkMy, in the manner <br />providedin this Deed OITNak or in any agreement related to tail Deed of Trust. <br />Compliance Default Failure to Comply will any other term, obligation, covenant w mndifion Contained In this Dead of Trust, tie Not or In <br />any Of Iha SI wed DOCUMMS, IIS m a faflmis csable mdtf Trustor has not bmn given a notlm oi a breach of the same proNmon oi Ihis <br />Deed a Trust will the presedirg heelea (12) month R may be Cured (and no Evil of Delauff will news occurred) If Trustor, after Lander <br />Santi$ . written noti demanding cure of such failure: (4) Curse are lellss within thirty (30) days Or (b) ff the cure requites more then hall <br />(30) days,. Afficaeaety Idtletm a" ancient to Wre take fasure and fiereal Congruent and CDMPIOeS all reasonable and mxmVry saps <br />sufficient to Choral Compliance as sago as rmsenaby pre ski <br />Dalami Co OtMr Payments. Feliure of Trusts waNn rte time equlmd by ms Dmtl of Trust ta make any psymam tgir tams m inswame, a <br />any Other payment necessary to Preegot filing Of or N effect discharge M any wen. <br />Default In Favor Of Third Partim. Should Trustor default untie any Iron, exension of credit, mourfly Several purchase m saes <br />