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p 1 DEED OF TRUST 200201021 Pe e 3 Loan No; 34185 (Continued) s any Other rights or any remedies to which Lender may be maksid on account N any default. Any such action by Lender shall act be consumed as curing the default so as as bar Lander from any rer edy that it ommwise would have had. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of Me Properly are a part of this Dead M Trust: Title. Truster warrants Nat: (a) Truster holds good and marketable tale of moord to the Property In fail simple, free and clear of all Ilan and encumbrances other Man mail set forth in Me Ravi Property description or in any the Insurance policy, title report, or final the opinion issued in favor of, and acaepledl by, Lender in comactlon with Mis DOW of Trust, and (b) Theater has the full right, power, and authority fo execute antl deliver this Dead of Trust to Leader. Defense of Title. Subject to the exception In me paragraph above, Tmstor warrants and will forever defend the title to Me Property against the lawla claims of all persolu. In the event any action or proceeding is comnnced Met questlons Thestors title or the Interest of Trustee or LaMar under Nis Deed of Trust, Truster shall defend Me action at Treaters expanse. Trustor may ber the nominal party in Such proceeding, but Lender shall be entitled to participate In the proceeding and to be represented In Me proceeding by counsel of Lenders own choice, and Truster will degver, or cause to be delivered, to Lender such instruments as LeMor may request from time to time to permit such participation. Compliance With Laws. l'roster warrant that the Property and Trustors use at the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Promises. All promises, agreemonte, and statements Trustor Trustor has made in this Dead of Trust shall surv'we the execution and delivery of this Dead of Trust, shall be continuing in name and shall remain in full fares and effect until such time m Borrower's Indebtedness is paid In full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust: Proceedings. If any proceeding In condemnation is filed, Treater shall Porosity notify Lender In writing, and Theater shall promptly take such steps as may ore necessary to defend the aci end obtain the award. Truster may bB the nominal parry in such proceeding, but Lender shall be muffed to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Truster will deliver or cause to nd delivered to Lender such Instruments and documentation es may be requested by Lender from time to time to permit such paMci,e n. Application of Net Proceeds. H all or any part of the Property is condemned by eminent domain proceedings or by arty pomading or purchase in lieu of condomndron, Lender may at as election require that all or any portion M the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the sward shall mean the award after payment of all reasonable cats, expenses, and a¢omeys' tees Incurred by Trustee or Lender in connection with the condemnalion. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a pan of thin Deed of Trust: Current Taxes, Fails and Charges. Upon request by Lender, Trustor shall execute such documents in addition to this Deed of Trust and take whatever other action is requested by Lender to painful and continue Lenders lien on me Raw Property. Truster stmt reimburse Lander for all taxes, m described below, together with all expanses incurred in recording, perfecting or continuing this Dead of Trust, including without limitation all taxes, fees, documentary stamps, and Omer charges for recording or registering this Dead of Trust. Taxes. The following shall constitute was to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon all or any pan of the Indebtedness secured by this Dead of Trust; (2) a spewki tax on Bonower which Borrower is authorized or required M deduct from payments on Me Indebtedness secured by this type of Deed of Trust; (3) a tax on this type of Lead at Trust chargeable against Me Lender or the folder of the IVohn and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest .do by Borrower. Subsequent Taxes. If any tax to which this section applies Is enacted subsequent to Me date of this Deed of Trust, this event shall have the same effect as an Event of Default, and Lender may exercise any Of all of its available mmedlas for an Event of Default as provided below unless Truster either (1) nays the tax before it becomes delinquent, or (2) contests Me tax as provided above in the Taxes and Liens section and deposits with Lender cash or a suit clent corporate surety bond or other securty satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part of this Deed of Trust: Security Agreement. This instrument shall mnstiuite a Security Agreement to Me extant any of the Property constitutes fixtures, and LaMar shall have all of the rights of a secured party under the Uniform Commercial Cnde as emended from time to lime. Security Interest. Upon request by Lender, Truster stall execute financing statements and take whatever other action is requested by Lender to ounces and continue Lender's security interest in rho Personal Property. in addition to recording this Deed of Trust in the real property records, Lender may, at any time and without further authorization from Tractor, file executed counterparts, copies or reproductions of this Deed of Trust as a financing Statement. Truster shall reimburse Lender for all expenses Incurred in perfecting or continuing this security interest. Upon default, Trustor shall net remove, saver or detach Me Personal Property from the Property. Upon default. Trustor Shall assemble any Personal Property not aHxed to the Property in a manner and at a place memorably convenient to Trustor and Lender and make it available to Lander whin three (3) days after receipt of written demand from Lender m the extent permitted by applicable law. Addresses. The mailing addresses of Trader (debtor) and Lender (secured party) from which information concaming the security interest granted by MIS Dead of Trust may be obtained (each as required by Me Uniform Commercial Code) are ail stated on the amt page of this Deed of Trust. FURTHER ASSURANCES; ATTORNEY -IN -FACT. The following provisions relating to further assurances and moms,,-in-fact we a part of this Dead of Trust: Further Assurances. At any time, and from time to time, upon inquest of Lender, Truslor will make, execute and deliver, Or will cause to be made, executed or delivered, to Lender or to Lei designee, and when requested by Lender, cause to be filed, recortletl, refiled, or remarried, as the case may be, at such times and in such off r es and places as Lender may doom appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sale Opinion of Lender, be necessary or desirable in order be effectuate, complete, perfect, continue, or preserve (1) Borrowers and Trustor's obligations under Me Note, this Deed of Trust, and me Roared Documents, and (2) the liens and security interests created by this DOW of Trust as first and prior liens on the Property, whether now awned or hereafter acquired by Truster. Unless prohibited by law or Lander agrees to the corNery in writing, Truster shall reimburse Lender for all cats and expenses Inured in connection with the ratters referred to In MIS paragraph. Attorney -In -Fact It Trusts- fails to do any of the things referred to In Mo preceding paragraph, Lender may do so for and in the name of Truster and at Truster's expense. For such purposes, Trustor hereby Irrevocably appoints Lender as Truster's attomay -in -fact for the purpose of making, executing, delivering, filing, recording, and doing all oher things as may be necessary or desirable, in Landor's sole opinion, to accomplish the nations referred to in Me preceding paragraph. FULL PERFORMANCE. If Borrower pays all the Indebtedness, including without limitation all future advances, when due, and wise other padonns all the obligations imposed upon Tmsor under m e Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and d.liver to Truster suitable alatanrents of termination of any financing statement on file evidencing Lenders sscunty interest in the Rents and the Personal Property. Any reconvoyance fee required by law Shall tea paid by Truster, if permitted by applicable law. EVENTS OF DEFAULT. At Lender's option, Tmstor will he in default under this Dead of Trust if any of the following happen: Payment Default. Bonuses, fails to make any payment when due under the Indebtedness. Break Other Promises. Borrower or Trustor breaks any promise made to Lender or tails ke perform promptly at Me time and Strictly In the manner provided in this Deed of Trust or In any agreement related to MIS Deed of Trust. Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, Me Not. or in any of me Related DOw-1h. If such a failure a curable and if Borrower or Trustor has not been given a notice of a breach of the same provision of this Deed of Trust within Me preceding twelve (12) months, It may be cured (and he Event of Default will have occurred) it