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200308544 DEED OF TRUST
<br />Loan No: 19916 (Continued) Page 3
<br />execute and deliver this Deed of Trust to Lender.
<br />Defence of Title. Subject to the exception In the paragraph above, Trustor warrants and will forever tlefend the title to the Property against
<br />the lawful claims of ail persons. In the event any action or proceeding is commenced that questions Trustor's title or the interest of Trustee or
<br />Lender under this Dead of Trust, Trustor shall defend the action at Trustor's expense. Trustor may be the nominal parry in such proceeding,
<br />but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choke, and
<br />Trustor will deliver, or cause to be delivered, to Lender such Instruments as Lender may request from time to time to permit such
<br />participation.
<br />Compliance With taws. Trustor warrants that the Property and Trustor's use of the Property complies with all existing applicable laws,
<br />ordinances, and regulations of governmental authorities.
<br />SUMP BI of Premtces. All promises, agreements, and statements Trustor has made in this Used of Trust shall survive the execution and
<br />delivery of this Dead of Trust, shall be continuing In nature and shall remain in full form and effect until such time as Trustor's Indebtedness
<br />is paid in full.
<br />CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust:
<br />Proommngs. If any prucest ing in condemnation Is filed, Trustor shall promptly huffy Leader In writing, and Trustor shall promptly take such
<br />steps as may be necessary to defend the action and obtain the award. Trustor may be the nominal party in such proceeding, but Lender
<br />shall be entitled to participate In the procaading 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 pad 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 hot proceeds of the award be applied to the
<br />Indebtedness or the repair or restoration of the Property. The net proceeds of the award shell mean the award after payment of all
<br />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 taxes,
<br />fees and charges are a pars of this Dead of Trust:
<br />Current Taxes, Feea antl Charges. Upon request by Lender, Trustor shall execute such documents in addition to this Deed of Trust and
<br />take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Properly. Trustor shall reimburse Lender
<br />for all lazes, as dew,thed below, together with all expenses ini used In recording, perfeming or continuing this Dead 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 following shall constitute lazes to which this section applies: (1) a specific tax upon this type of Dead of Trust or upon all Or any
<br />part Of the 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 Dead of Trust; (3) a tax on this type of Dead of Trust chargeable against the Lender
<br />or the holder of the Note; and (4) a specific tax on all or any portion of the Intlebtetlness or on payments of principal and inteest 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 shell he" the
<br />same effect as an Event of Default, and Lender may exercise any Or all of as available remedies for an Event of Default as provided below
<br />unless Trustor either (1) pays the lax before it becomes delinquent, or (2) contests the tax as provided above In the Texas and Liens
<br />section and deposits with Lender cash or a auftklent corporate surety bond or other security satisfactory to Lender.
<br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following previsions relating to this Deed 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 the Uniform Commemial Corte as amended from flme to time.
<br />Security interest. Upon request by Lender, Trustor shall execute financing statements and take whatever other action is requested by
<br />Lender to padect and continue Lenders security interest in the Personal Property. In addition to recording this Deed of Trust in the real
<br />property records, Lender may, at any time and without further authorization from Trustor, file executed counterparts, coples Or reproductions
<br />of this Deed of Trust as a financing statement. Trustor shall reimburse Lender for all responses incurred in perfecting or continuing this
<br />security interest. Upon default, Trustor shall not remove, saver or detach the Personal Properly from the Property. Upon default, Trustor
<br />shall assemble any Personal Property not earned to the Property in a manner and at a place reasonably convenient to Trustor and Lentler
<br />and make it available to Lender within three (3) days after receipt of written demand from Lender to the Indent permitted by applicable law.
<br />Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which information concerning the security Interest
<br />granted by this Dead of Trust may be obtained (each as required by the Uniform Commercial Corte) are as stated on the first page of this
<br />Dead of Trust.
<br />FURTHER ASSURANCES; ATTORNEY -IN -FACT. The following provisions relating to further assurances and aftorneytin -fact are a part of this
<br />Deed of Trust
<br />Further Aaeuranceb. At any flme, and from time to time, upon request of Lender, Trustor will make, execute and deliver, or will cause to be
<br />made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, defiled or
<br />rerecorded, as the rase may be, at such times and in such offices and places as Lender may doom appropriate, any and all Such mortgages,
<br />deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance,
<br />certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable In order to effectuate, complete, perfect,
<br />continue, or preseo, (1) Trustor's obligations under the Note, this Dead of Trust, and the Related Documents, and (2) the liens and
<br />security interests created by this Dead of Trust as first and prior liens on the Property, whether now owned or hereafter acquired by Trustor.
<br />Unless prohibited by law or Lender agrees to the contrary in writing, Trustor shall reimburse Lender for all costs and expenses incurred in
<br />connection with the matters returned to in this paragraph.
<br />Aftorney -In -Fact. If Truster fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of
<br />Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints Lender as Trustor's efiorneytio-fact for the
<br />purpose of making, executing, Ceflonrg, filing, recording, and doing all other things as may be necessary or desirable, In Lender's sole
<br />opinion, to accomplish the matters retuned to in the preceding paragraph.
<br />FULL PERFORMANCE. If Trustor 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 rammveyance 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 />Rants and the Personal Properly. Any reconveyance fee required by law shall he paid by Trustor, if permitted by applicable law.
<br />EVENTS OF DEFAULT. At Lender's option, Trustor will be in default under this Dead of Trust if any of the following happen:
<br />Payment Default. Trustor fails to make any payment when due under the Indebtedness.
<br />Breek Other PromlceS. Trustor breaks any promise made to Lender or fails to perform promptly at the time and strictly in the manner
<br />provided In this Dead 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 or in
<br />any of the Related Documents. If such a failure is curable and if Trustor has not been given a notice of a breach of the same provision of this
<br />Dead of Trust within the preceding twelve (12) months, it may be cured (and no Event of Default will have Occurred) if Trustor, after Lender
<br />sends written notice demanding cure of such failure: (a) cures the failure within thirty (30) days; or (b) If the cure requires more than thirty
<br />(30) days, Immediately initiates steps sufficient 10 cure the failure and thereafter continues and completes all reasonable and necessary steps
<br />sufficient to produce compliance as soon as reasonably practical.
<br />Default on Other Payments. Failure of Truttor within the time required by this Dead of Trust to make any payment for taxes Or insurance, or
<br />any other payment necessary to prevent filing of Or to effect discharge Of any lien.
<br />Default In Favor of Third Parties. Should Trustor default under any loan, extension of credit, security agreement, purchase Or sales
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