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DEED OF TRUST i
<br />Loan No:119827 200302868 (Contlnued) l ` - Page
<br />and, at Lender's option, will (A) be payable on demand; (S) be added to Me balance of the Note and be apportioned among and be payable
<br />with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) Me remaining term of Me
<br />Note; or (C) be treated as a balloon payment which will be tlua and payable at the Note's maturity. The Dead of Trust also will secure payment
<br />of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default.
<br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of Me Property are a part of this Deed of Trust:
<br />Title. Truster warrants that: (a) Trustor bolds good and marketable title of record to Me Property in fee simple, free and clear of all liens and
<br />encumbranobs other Man Mesa set forth in the Real Property description or in any title insurance policy, title report, or final title opinion
<br />issued in favor of, and accepted by, Lander in connection with this Dead of Trust, and (b) Truster has the full right, power, and authority to
<br />execute and deliver Mis Deed of Trust to Lander.
<br />Defense of Title. Subject to the exception in Me paragraph above, Trustor warrants and will forever defend Me title to Me Property against
<br />the lawful claims of all persons. In the event any action or proceeding is commenced Mat questions Trustor's title or the interest of Trustee or
<br />Lander under this Deed of Trust, Truster shall defend the action at Trusters expense. Truster may be Me nominal party in such proceeding,
<br />but Lander shall be entitled to participate in Me proceeding and to be represented in the proceeding by counsel of Lender's own choice, and
<br />Trustor will deliver, or cause to be delivered, to Lentler such instruments as Lander may request from time to time to permit such
<br />participation.
<br />Compliance With Laws. Trustor warrants that the Property and Trustor's use of Me Property complies with all existing applicable laws,
<br />oMmansas, and regulations of governmental authorities.
<br />Survival of RepresentMlons and Warranties. All representations, warranties, and agreements made by Trustor in this Deed of Trust shall
<br />survive Me execution and delivery of this Dead of Trust, shall be continuing in nature, and shall remain In full force and effect until such rime
<br />as Trustor's Indebtedness shall be paid in full.
<br />CONDEMNATION. The following provisions relating to condemnation proceedings are a pan of this Dead of Trust:
<br />Proceedings. It any proceeding in condemnation is filed, Trustor shall promptly notify Lender in writing, and Trustor shall promptly take such
<br />steps as may be necessary to defend Me action and ordain the award. Trustor may be the nominal parry in such proceeding, but Lander
<br />shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its Own choice, and Trustor will
<br />deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit
<br />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 Me award be applied to Me
<br />Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all
<br />reasonable costs, expenses, and attomeys' fees incurred by Trustee or Lander in connection with the condemnation.
<br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes,
<br />fees and charges are a pan of this Deed of Trust
<br />Current Taxes, Fees and Charges. Upon request by Lender, Trustor shall execute such documents in addition to this Dead of Trust and
<br />take whatever other action is requested by Lander to perfect and continue Lenders Ilan on Me Real Property. Trustor shall reimburse Lender
<br />for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed of Trust, including
<br />without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Dead of Trust.
<br />Taxes. The fallowing shall constitute taxes to which this section applies. (1) a Speo is tax upon this type of Deed of Trust or upon all or any
<br />pan of Me Indebtedness secured by this Dead of Trust; (2) a specific tax on Trustor which Trustor Is authorized or required to deduct from
<br />payments on the Indebtedness secured by this type of Deed of Trust; (3) a fax on this type of Deed of Trust chargeable against the Lander
<br />or the holder of the Note: and (4) a specific tax on all or any portion of Me Indebtedness or on payments of principal and interest made by
<br />Trustor.
<br />Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Dead of Trust, this event shall have Me
<br />same effect as an Event of Defeulq and Lander may exercise any or all of its available remedies for an Event of Default as provided below
<br />unless Trustor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens
<br />section and deposits with Under cash or a sufficient corporate surety bond or other security satisfactory to Lender.
<br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Dead of Trust as a security agreement are a part
<br />of this Dead of Trust
<br />Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender
<br />shall have all of the rights of a secured party under Me Uniform Commercial Code as amended from time to time.
<br />Security Interest. Upon request by Lender, Trustor shall execute financing statements and take whatever other action is requested by
<br />LaMar M perfect antl continue Lender's security interest In the Rents and Personal Property. In addition to recording this Deed of Trust in
<br />We real property records, Lander may, at any time and without further authorization from Trustor, file executed counterparts, copies or
<br />reproductions of this Dead of Trust as a financing statement. Truster shall reimburse Lander 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 Me Property. Upon
<br />default, Trustor shall assemble any Personal Property not affixed to Me Property in a manner and at a place reasonably convenient to Trustor
<br />and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by
<br />applicable law.
<br />Addresses. The mailing addresses of Trustor (debtor) and Lander (secured party) from which Information concerning Me security interest
<br />granted by this Deed of Trust may ba obtained (each as required by Me Uniform Commercial Code) are as stated on Me first page of this
<br />Deed of Trust.
<br />FURTHER ASSURANCES; ATTORNEY -IN -FACT. The following provisions relating to further assurances and attorney -in -fact are a pan of his
<br />Deed of Trust.
<br />Further Assurances. At any time, and from time to time upon request M Lender, Trustor will make, execute and deliver, or will cause to W
<br />made, axscuteel or delivered, to Under or to Lenders designee, and when requested by Lander, cause to be filed, recorded, r¢Tded, or
<br />rerecorded, as the case may be, at such times and in such offices and places as Lander may deem appropriate, ai ry aid of such mortgages,
<br />deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance,
<br />candidates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect,
<br />continue, or preserve (1) Trustor's obligations under Me Note, this Dead of Trust, and the Related Documents, and (2) the (lens and
<br />security interests created by Mrs Deed of Trust as first and prior liens on the Property, whether now owned or hereafter acquired by Trustor.
<br />Unless prohibited by law or Lander agrees to the contrary in writing, Trustor shall reimburse Lender for all costs and expenses incurretl in
<br />connection with Me matters referred to In this paragraph.
<br />Attorney -In -Fact. If Trustor fails to do any of the things referred to in Me preceding paragraph, Lender may do so for and in Me name of
<br />Trustor and at Trustor's expense. For such purposes, Trustor hereby imsvceably appoints Lender as Trustor's affomsy -in -fact for the
<br />purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, In Lenders sole
<br />opinion, to accomplish the matters referred to in the preceding paragraph.
<br />FULL PERFORMANCE. If Truster pays all the Indebtedness, including without limitation all future advances, when due, and otherwise performs
<br />all the obligations imposed upon Trustor under this Dead of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and
<br />shall execute and deliver to Trustor suitable statements of termination of any financing statement on file evidencing. Lender's security interest in the
<br />Rents and the Personal Property. Any reconveyance fee required by law shall be paid by Trustor, if permitted by applicable law.
<br />EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed of Trust:
<br />Payment Default. Truster fails to make any payment when tlua under the Indebtedness.
<br />Other Defaults. Trustor falls to comply with or to perform any other term, obligation, covenant or condition contained in this Deed of Trust or
<br />in any of the Related Documents or to empty with or M perform any term, obligation, covenant or condition contained in any other
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