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DEED OF TRUST 200301755 <br />Loan 11 1652601 (Continued) Page 3 <br />Survival of Promises. All promises, agreements, and statements Truster has made in this Deed of Trust shall survive the execution <br />and delivery of this Deed of Trust, shall be continuing in nature and shall remain in full force and effect until such time as Truster's <br />Indebtedness is paid in full. <br />EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Deed of Trust: <br />Existing Lien. The lien of this Deed of Trust securing the Indebtedness may be secondary and inferior to an existing lien. Truster <br />expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any default on such <br />Indebtedness, any default under the instruments evidencing such indebtedness, or any default under any security documents for such <br />Indebtedness. <br />No Modification. Truster shall not enter into any agreement with the holder of any mortgage, deed of trust, or other security <br />agreement which has priority over this Deed of Trust by which that agreement is modified, amended, extended, or renewed without <br />the prior written consent of Lender. Truster shall neither request nor accept any future advances under any such security agreement <br />without the prior written consent of Lender. <br />CONDEMNATION. The following provisions relating to condemnation proceedings are a par[ of this Deed of Trust: <br />Proceedings. It any proceeding In condemnation Is filed Truster shall promptly notify Lender In writing, and Truster shall promptly <br />take such steps as may be necessary to defend the action and obtain the award. Truster may be the nominal party in such <br />proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own <br />choice. and Truster will deliver or cause to be delivered to Lender such Instruments and documentation as may be requested by <br />Lender from time to time to permit such participation. <br />Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or <br />purchase In lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied <br />to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of <br />all reasonable costs, expenses, and attorneys' fees Incurred by Trustee or Lender in connection with the condemnation. <br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental <br />taxes, fees and charges are a part of this Deed of Trust. <br />Current Taxes, Fees and Charges. Upon request by Lender, Truster shall execute such documents in addition to this Deed of Trust <br />and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Truster shall <br />reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed <br />of Trust, Including without limitation all taxes, fees, documentary stamps, and other charges far recording or registering this Deed of <br />Trust. <br />Taxes. The following shall constitute taxes to which this section applies: Ti a specific tax upon this type of Deed of Trust or upon <br />all or any part of the indebtedness secured by this Deed of Trust; (2) a specific tax on Truster which Truster is authorized or <br />required to deduct from payments on the Indebtedness secured by this type of Dead of Trust; (3) a tax an this type of Deed of Trust <br />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 <br />payments of principal and Interest made by Truster. <br />Subsequent Taxes. If any tax to which this section applies Is enacted subsequent to the date of this Deed of Trust, this event shall <br />have the same effect as an Event of Default, and Lender may exercise any or all of Its available remedies for an Event of Default as <br />provided below unless Truster either (1) pays the tax before it becomes delinquent, or 121 contests the tax as provided above in the <br />Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. <br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a <br />nart r,f this Deed of Trust'. <br />Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and <br />Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. <br />Security Interest. Upon request by Lender, Truster shall execute financing statements and take whatever other action Is requested by <br />Lender to perfect and continue Lender's security interest in the Personal Property. In addition to recording this Deed of Trust in the <br />real property records, Lender may, at any time and without further authorization from Truster, file executed counterparts, copies or <br />reproductions of this Deed of Trust as a financing statement. Truster shall reimburse Lender for all expenses incurred in perfecting or <br />continuing this security interest. Upon default, Truster shall not remove, sever or detach the Personal Property from the Property. <br />Upon default, Truster shall assemble any Personal Property not affixed to the Property In a manner and at a place reasonably <br />convenient to Truster and Lender and make It available to Lender within three 131 days after receipt of written demand from Leader to <br />the extent permitted by applicable law. <br />Addresses. The mailing addresses of Truster (debtor) and Lender Secured party) from which information concerning the security <br />interest granted by this Deed of Trust may be obtained leach as required by the Uniform Commercial Code) are as stated on the first <br />page of this Deed of Trust. <br />FURTHER ASSURANCES; ATTORNEY -IN -FACT. The following provisions relating to further assurances and attorney -in -tact are a part of <br />this Deed of Trust: <br />Further Assurances. At any time, and from time to time, upon request of Lender, Truster will make, execute and deliver, or will cause <br />to be made, executed or delivered to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, <br />rallied, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all <br />such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of <br />further assurance, certificates, and other documents as may, In the sole opinion of Lender, be necessary or desirable In order to <br />effectuate, complete, perfect, continue, or preserve If Truster's obligations under the Note, this Deed of Trust, and the Related <br />Documents, and (2) the liens and security interests created by this Deed of Trust on the Property, whether now owned or hereafter <br />acquired by Truster. Unless prohibited by law or Lender agrees to the contrary in writing, Truster shall reimburse Lender for all costs <br />and expenses incurred in connection with the matters referred to in this paragraph. <br />Attorney -in -Pact. If Truster fails to do any of the things referred to in the preceding paragraph, Lender may do so for and In the name <br />of Truster and at Truster's expense. For such purposes, Truster hereby irrevocably appoints Lender as Truster's attorney in -fact for <br />the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's <br />sole opinion, to accomplish the matters referred to in the preceding paragraph. <br />FULL PERFORMANCE. If Truster pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Truster <br />under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to <br />Truster suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the <br />Personal Property. Any reconveyance fee required by law shall be paid by Truster, if permitted by applicable law. <br />EVENTS OF DEFAULT. At Lender's option, Truster will be in default under this Deed of Trust If any of the following happen: <br />Payment Default. Truster fails to make any payment when due under the Indebtedness. <br />Break Other Promises. Truster breaks any promise made to Lender or fails to perform promptly at the time and strictly in the manner <br />provided in this Deed of Trust or in any agreement related to this Deed of Trust. <br />Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained In this Deed of Trust, the Note <br />or in any of the Related Documents. It such a failure is curable and If Truster has not been given a notice of a breach of the same <br />prevision of this Deed of Trust within the preceding twelve (12) months, it may be cured (and no Event of Default will have occurred) <br />if Truster, after Lender sends written notice demanding cure of such failure: la) cures the failure within fifteen 115) days; or of if the <br />cure requires more than fifteen (151 days, immediately Initiates steps sufficient to cure the failure and thereafter continues and <br />completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. <br />Default on Other Payments. Failure of Truster within the time required by this Deed of Trust to make any payment for taxes or <br />I <br />ye v <br />