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DEED OF TRUST 200302966 Loan No: 41042 (Continued) Page 4 Compliance With Laws. Trustor tvement that the Property and Trustor's use of the Property complies with all existing applicable laws, ordinances, and regulators of governmental authorities. Survival of Representation$ and Wurantles. All representations, warranties, and agreements made by Trustor In this Deed of Trust shall survive the execution and delivery of this Dead of Trust, shall be continuing in nature, and shall remain in full farce and effect urdl such time as Trustor s Indebtedness shell be paid In full. EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Deed of Trust: Existing Lien. The lien of this Deed of Trust securing the Indebtedness may be secondary and inferior to an existing lien. Trustor expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any default on such Indebtedness, any default under the instruments evidencing such Indebtedness, or any default under any security documents for such indebtedness. No Modification. Trustor shall not enter into any agreement with the holder of any mortgage, dead of trust, or other security agreement which has priority over this Dead of Trust by which that agreement is modified. amended, extended, or renewed without the prior written consent of Lender. Trustor shall neither request nor accept any future advances under any such security agreement without the prior written consent of Lender. CONDEMNATION. The following provisions relating to condemnation proceedings are a pad of this Dead of Trust: Pmceedinga If any proceeding in condemnation is filed, Trustor shell promptly notify Lender In writing, and Trustor shall promptly take such steps as may be necessary to defend the Action and obtain the award. Trustor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Trustor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from Lime to time to permit such participation. Application of Net Proceeds. If all or any pad of the Property is condemned by eminent domain proceedings or by any proceeding or 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 to the Indebtedness or the repair or restomfion of the Property. The net proceeds of the award shall mean the award after payment of all reasonable cosh, expenses, and attorneys' fees Incurred by Trustee or Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following previsions relating to governmental texas, fees and charges are a pad of this Dead of Trust: Current Taxes, Fees and Charges. Upon request by Lender, Trustor shall execute such documents in addition to this Deed of Trust and lake whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Trustor shall reimburse Lender for all taxes, as described below, together with all expenses incurred In recording, perfecting or continuing this Dead of Trust, Including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of Trust. Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon all or any pad of the Indebtedness secured by this Dead of Trust; (2) a specific tax on Trustor which Trustor is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (3) a lax on this type of Dead of Trust 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 payments of principal and interest made by Trustor. 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 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 provided below unless Truslar either (I) pays the tax before It becomes delinquent, or (2) contests the tax as provided above In the Texas and Liens section and deposits with Lender cash or a sufficient corporate surety band or other security satisfactory to Lentler. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Dead of Trust as a security agreement are a part of this Deed of Trust: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from from to time. Security Interest. Upon request by Lender, Trustor shall execute financing statements and take whatever other action is requested by Lender to perfect and continue Lander's security interest in the Rents and Personal Property. In addition to recording this Deed of Trust in the real property records, Lender may, at any time and without further authorisation from Trustor, file executed counterpart, copies or reproductions of this Deed of Trust as a financing statement. Trustor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Trustor shall not remove, sever or detach the Personal Property from the Property. Upon default, Trustor shall assemble any Personal Property not aflaed to the Property in a manner and at a place reasonably convenient to Trustor and Lender and make It available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which information concerning the security interest granted by this Dead of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Dead of Trust. FURTHER ASSURANCES; ATTORNEYAN-FACT. The following provisions relating to further assurances and attorney -in -fact are a part of this Deed of Trust: Further Assurances. At any time, and from time to time, upon request of Lender, Trustor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee. and when requested by Lentler, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreement, financing statement, continuation statement, instrument of further assurance, certificates, and other document as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Truston's obligations under the Note, this Dead of Trust, and the Related Document, and (2) the liens and security interest created by this Dead of Trust as first and prior liens on the Property, whether now owned or hereafter acquired by Trustor. 1 '.