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DEED OF TRUST <br />Loan No: 27438 200201775 (Continued) �. ( �. € . Page 3 <br />Compllenee,With Laws. Trustor warrant that the Property and Trustors use of the Property compiles with all existing applicable laws, <br />ordinances; and regulations of governmental authorities. <br />Survival of Promises. All promises, agreement, and statement Trustor has made in this Deed of Trust shall survive the execution and <br />delivery of this Dead of Trust, shall be continuing In nature and shall remain In fulf force and effect until such time as Tnistcres Indebtedness <br />Is paid in full - - <br />CONDEMNATION. The following provisions relating to condemnation proceedings area part of this Dead of Trust: <br />Proceedings. If 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 the action and obtain the award. Truster may be the nominal party In such proceeding, but Lender <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 instrument 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 the award be applied to the <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 cost, expenses, and attoroeys' fees incurred by Trustee or Lender In connection with the condemnation. <br />IMPOSITHM,OETAXEB, MM AND CHARGES BY GOVERNMENTAL AUn10RITIES. The following provlaierre *Mft'to gdvermnenal taxes; <br />fees and charges are a part of this Deed of Trust: <br />Current Taxes, Fees and Charges. Upon request by Lender, Trustor shell execute such document 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 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 Deed of Trust. <br />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 <br />part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Trustor which Trustor Is authorized or required to deduct from <br />payment on the Indebtedness secured by this type of Deed of Trust; (3) a tax on this type of Deed 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 Indebtedness or on payment of principal and Interest made by <br />Trustor. <br />Subsequent Tom. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall have the <br />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 <br />unless Trustor either (1) pays the tax before it becomes delinquent, or (2) contest the tax as provided: above in the Taxes and Lions <br />section and deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. <br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions 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 Postures, and Lender <br />shall have all of the right of a secured party under the Uniform Commercial Code as amended from time to time. <br />Security Interest. Upon request by Lender, Truster shall execute financing statement and take whatever other action Is requested by <br />Lender to perfect and continue Lender's 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, copies or reproductions <br />of this Deed of Trust as a financing statement. Trustor shall reimburse Lender for all expenses incurred in perfecting or continuing this <br />security Interest. Upon default, Trustor shall not remove, sever or detach the Personal Property from the Property. Upon delaufi, Trustor <br />shag assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Trustor and Lender <br />and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable taw. <br />Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which information concerning the security Interest <br />granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this <br />Deed of Trust. <br />FURTHER ASSURANCES; ATTORNEY -IN -FACT. The following provisions relating to further assurances and aflorney-4naed are a part of this <br />Deed of Trust: <br />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 <br />made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, raffled, or <br />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, <br />deeds of trust, security deeds, security agreement, financing statement, continuation statement, Instrument of further assurance, <br />certificates, and other document as may, In the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, <br />continue, or preserve (f) Trustor's obligations under the Note, this Deed of Trust, and the Ratted Document, and (2) the Hens and <br />security interest created by this 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 Lender agrees to the contrary in writing, Truster shall reimburse Lender for all cost and expenses incurred in <br />connection with the matters referred to in this paragraph. <br />Attorney -in -Fact. If Trustor fags 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 Trustors expense. For such purposes, Trustor hereby Irrevocably appoint Lender as Trustors attorney- in-fact for the <br />purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole <br />opinion, to accomplish the matters referred to in the preceding paragraph. <br />FULL PERFORMANCE. If Trustor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Trustor under <br />this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to Trustor suitable <br />statement of termination of any financing statement on file evidencing Lender's security Interest in the Rent and the Personal Property. Any <br />reconveyanoe fee required by law shall be paid by Trustor, if permitted by applicable law. <br />EVENTS OF DEFAULT. At Lender's option, Trustor will be In default under this Deed of Trust if any of the following happen: <br />Payment Default. Trustor fags to make any payment when due under the Indebedness. <br />Break Other Promises. Trustor breaks any promise made to Lender or felt to perform promptly at the time and strictly In the manner <br />provided in this Deed 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 Not or in <br />any of the Related Document. If such a failure Is curable and H TnoW has not been gh an a notice of a breach of the same provision of this <br />Deed of Trust within the preceding twelve (12) months, it maybe cured (and no Event of Default will have occurred) If Trustor, after Lender <br />sands written notice demanding cure of such failure: (a) cures the failure within twenty (2D) days; or (b) if the cure requires more than <br />twenty (20) days, Immediately Initiates steps sufficient to cure the failure and thereafter continues and completes all reasonable and <br />necessary steps sufficient to produce compliance as soon as reasonably practical <br />Default on Other Payments. Failure of Trustor within the time required by this Deed 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 />False Statements. Any representation or statement made or furnished to Lender by Trustor or on Trustoh's behalf under. this Deed of Trust <br />or the Related Document Is false or misleading In any material respect, either now or at the time made or furnished. <br />Detective Collall6rallzatlon. This Deed of Trust or any of the Related Document ceases to be in full force end effect. (including failure of any <br />collateral document to create a. valid end perfected security interest or Hen) at any time and for any reason. _ <br />Death or Insolvency. The death of Trustor, the Insolvency of Trustor, the appointment of a receiver for any part of Trustors property, any <br />assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or <br />Insolvency laws by or against Trustor. <br />