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DEED OF TRUST
<br />Loan No: 33868 2002008155 (ContinUed) Page
<br />Transit Rport on Insurance. Upon request of Lander, however not more than once a year, Tmstor shall furnish to Lender a report on
<br />each oxlsbng policy of insurance showing : (1) the name of the Insurer, (2) the risks insured; (3) the amount of Me policy; (4) Me
<br />property insured, the then current replacement value of Such prepeM. and the manner of determining that value; and (5) the expiration
<br />data of the policy. Truster shall, upon request of Larder, have an Indepandant appraiser satsfactory to Lander determine the cash value
<br />rephrourr nt cost of Me Property.
<br />LENDER'S EXPENDITURES. If any action or permeating is commenced that would mololelly affect Lender's interest in the Property or "t Truster
<br />falls to comply with any provision of this Dead of Trust or any Related Decurni Including but not limbed to Trusters failure to discharge or pay
<br />when due any amounts Truster is required to discharge or pay under his Deed of Trust or any Related Documents, Lander an Trusers behalf
<br />may (but shall not be obligated to) take any action Mat Lentler tlawns appropriate. Including but not limited M discharging or paying all taxes,
<br />liens, security inferno la, encumbrances and ntnr claims, at any time levied or placed on the Property and paying all costs for Insuring, m inumning
<br />and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will Man bear Interest at Me rate charged under
<br />the Note from Ma date incurred or paid by lender te the dare Of fe Yment by T(uster. All such expanses wNl become a pert of Me IrxlebMndross
<br />and, at Lander§ Option, will (A) a payable en dereand; (B) a added b the balance of Me Note and bar apportioned among and D payable
<br />with any Instalment payments to become due during either (1) the term & ary applicable insurance policy; o (2) the remaining term of Me
<br />Note; or (0) be beefed as a balkon payment which will be due and payable attire Note's maturity. The Deed of Trust also will secure payment
<br />of Mesa andounts. Such right shall be in addition to all other rights and conscious to whkn Lender nay bar entidad upon Defeat.
<br />WARRANTY; DEFENSE OF TITLE. The knowing provisions ralating m ownership m tits Property am a past o Mis Deed of Trust:
<br />Title. Truster warrants Mat: (a) Trusim Folds good and marketable titled record to the Prowty in fee simple, free and clear of all liens and
<br />enouppeaxes other Man Mass set earth in Me Real Property description or in any tine Insurance policy, use report. or final title opinion
<br />Issued In favor Of, and accepted by, Lender In connection with MIS Dead of Trust, end (b) Trustor has Me full right, power, antl aut orlry to
<br />execute and deliver MIS Dead of Trust to Lender.
<br />DNense of This. Subject to the exception In Me paragraph above, Truster warrants and will forever defend Me Me to Me Property against
<br />Me lawful claims Of all iamons. In the event any action or pr000nding Is commenced Met questions Truter's title or the interest of Trustee or
<br />Leader under this Dead Of Trust, Truster shall defend Me action at Trusters expense. Truster may be Me nominal . pain in such proceeding,
<br />but Lender shall a endled to participate in the proceeding and to a represented In Me proceeding by counsel of Lenders own choice, and
<br />Truster will deliver, or cause to he delivered, to Lentler such instruments fir Lender may request from time So time as permit such
<br />participation.
<br />Compliance With Laws. Truster warrants Mat the Property and Trusters use of the Property complies with all exlsbng applka es laws,
<br />decadences, and regulations of governmental auMorifies.
<br />Survival of Representations and Warranties. All rpresentations, waterside, and agreements made by Truster in this Dead of Tout shall
<br />survive the execution and delivery of MIS Deed of Trust, shall be continuing In nature, and shall remain in full farce first effect until such time
<br />as Beriber s Indebtedness shall a paid in full.
<br />CONDEMNATION. The following provisions relating to condemnation proceedings are a pan of MIS Deed of Trust
<br />Proceedings. If any proceeding In condemnation Is filed, Truster mall premply notify Lender in wridng, and Truator shall promptly take such
<br />steps as may be necessary to defend Me Salton and obtain Me award. Truster may be Me control pain In such proceeding, but Lander
<br />shell be entitled to anticipate in Me prate ding and to be rpresenled to Me proceeding by counsel of as own cncs, and Truster will
<br />deliver or cause to a defiveed to Lander such instruments and documentation as may be requested by Lander from time te time ea penmll
<br />such participation.
<br />Application of Net Proceeds. If all or any pen of Me Property w condemned by eminent domain proceedings or by my macendNg or
<br />purchase In lieu of condemnation. Leader may at M election require Mat all or any portion of Me net proceeds of Me award be applied to Me
<br />Indebtedness or the repaM or restemtion of the Property. The net proceeds of Me award shall pant V4,ret after paymert of all
<br />reesaiaNa curls, expenses, andfoun s' fees incurred by Trustee or Lender In commotion with Me condensation.
<br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions romfing to governmental taxes,
<br />tees and charges are a part of MIS Deed of Trust
<br />Current Texas, Fads and Charges. Upon request by Lender, Truster shall execute such documents in andttien to this Deed of Train and
<br />take whatever other action is requested by Lander to padact and continue Landers lien an Me Real PropoM. Truser mail reimburse Leiner
<br />for all taxes, as described below, together with all expenses incurred in recording, perfecting or cominuing MIS Deep of Trust, including
<br />without limitation all taxes, tees, decumentery stamps, and oher charges far recording or registering Mk Deed of Trust.
<br />Taxes:. The following shall constitute taxes to which Mis section applies: (1) a specific tax upon this type of Dead of Trust or upon all or any
<br />pan of Me Indebtedness secured by thu Deed of Trust; (2) a specific tax an Bomowdr which Borrower Is authorized or required g deduct
<br />Mom payments on Me Indebtedness secured by this type of Deed of Trust (3) a lax an this type of Dead of Trust chargeable against Me
<br />Lender or Me antler of to Note; and (4) a specific tax on all or any pomon Of Me Indebtedness or on payments of principal and Interest
<br />made by Bom mer.
<br />Subsequent Taxes. If any tax to which this section applies is enacted subsequent w Me data of this Dead Of Trust, he event shall have Me
<br />same offset as an Event of Default, and tender may exercise any or all of its available remedies for an Event of Default as provided below
<br />unless Truster either (1), pays the fax before R compact delinquent, or (2) comerts Me tax as provided above in the Texas and Liens
<br />section ard deposits with Lander cash or a sufficient corporate surety bond or other security satisfactory to Lender.
<br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to MIS Deed of Trust da a security agreement are a pert
<br />of MIS Dead of Trust
<br />Security Agreement This Instrument shall constitute a Security Agreement to Me extent any 0 Me Property committees Income, and Lender
<br />shall have all of Me rights of a secured party under Me Unlone Commercial Code as emended from time to time
<br />Seeurtry Interest Upon request by Lender, Truster shall executo financing statements and take whatever other added Is requested by
<br />Lender m perfect and continue Lender's security interest in Me Rents and Person Property, In couram to recording this Dead Of Trust in
<br />Me reel property records, Lentler may, at any time and without (upper au ncrizabon from Truster, 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 MIS security .Interest Upon rotator, Tractor shall tot remove, cover or detach Me Personal Property from me Property - Upon
<br />default, Truster shall assemble any Personal Property not aftaodg the Property me manner and at a place crasoni convenient to Trusts,
<br />and Lender atl make it available to Lender within Mr. (3) days after receipt of written demand from Lander to the adept permitted by
<br />applicable law.
<br />Addresses, The malting addresses of Truster (debear) and Lander (secured pain) from which information concerning Me security Interest
<br />granted by MIS Cecil of Trust may be obtained (each as required by Me Uniform Commercial Gode) are as stated on he first page of this
<br />Dead of Trust.
<br />FURTHER ASSURANCES; ATTORNEY -iN -FACT. The following provisions relating to fuller assurances and alomsy-In - fact are a pan of this
<br />Dead of Trust:
<br />Further Assurances. At any fine, and from trot te time, upon request of Lander, Truster will rtake, execute and deliver, or will cause to be
<br />made, executed or delivered, to Larder or so Lenders designee, and when requested by Lander, cause to be tiled, recorded, reflect, or
<br />rerecorded, as Me case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages,
<br />defitle of trust, Security create, security agreemerrts, finaroing statements, confinuation stafemers, instruments of further assurance,
<br />certificates, and other documents as may, In to sole opinion of Lender, be necessary or desirable in order to of actuate, complete, perfect,
<br />continue, or preserve (1) Borrower's and Trusters obligations under Me Note, Mio Dead of Trust, and Me Related Documents, and (2)
<br />the liens and security interests created by MIS Dead of Trust on the Property, whether new owned or hereafter acquired by Truslor. Unless
<br />prohibited by law or Lender agrees to the contrary in wrMng, Truster shall reimburse Lentler for all costs and expenses incurred in
<br />connection with to matters referred to in this paragraph.
<br />Attorney -in- Fact., If Truster falls to do any of the things cefemed M in the preceding p rograt Lender may do so for and In the name of
<br />Truster and at Trusters expense. For such purposes, Tractor hereby Irrevocably appoint Lander as Trusters attorney -In -fact far Me
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