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MAR -18 -02 VON 10:48 AM FAX: PAGE 9 200203360 DEED OF TRUST Loan No: 19342 (Continued) Page 3 execute and deliver this Dead of Trust M Lender. Defense of Title. Subject to the exception In the paragraph above, Truster warrants and will forever defend the tale to the Property against the lawful claims of all persons. In the event any action or proceeding's commenced that questions Tmstces tifie or the internal of Trustee or Lender under this Deed of Trust, Truster snag defend the action at TrUSta!'S expense. Truster may be the nominal party In such proceeding, but Lender shad be entitled to parbi in. the proceeding and to be represented in the proceeding by counsel of Landers own choice, and Truster will deliver, or cause to be delivered, to Lender such instruments es Lender may request from time to time to permit such participation. Compliance With Laws. Truster warrants that the Property and Trusters use of the Property complies with aH axlsting applicable laws. ordinances, and regulations of governmental authorities. Survival of Promises. All promises, agreements, and statements Truster has made in this Dead of Trust shall survive the execution and delivery of this Deed of Trdel, shall be continuing In nature and shall remain in lull farce and effect until such fire as Truster's Indebledness is paid in full CONDEMNATION. The fallowing proven" relating to condemnation proceedings are a part of this Dead of Trust: Proceirdiri II any proceeding in condemnation is filed, Truster shall promptly richly Lender in wining, and Truster shall promptly lake such steps as may be necessary to defend the action and obtain the award. Truster may be the nominal party in such proceeding, but Lender shall be entitled 16, participate in the proceeding and to be reprCeenlad In the proceeding by counsel of is own chdca, and Truster will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from lime to lima to Permit such participation. Application of Net Proceeds. If all or any pad of the Property's condemned by eminent domain procesdings a by any proceeding or purchase in Oou of condemnation, Lender may At Is election require that ere or any portion of the nel proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all reasonable costs. expenses, and Attorneys! tam incurred by Trustee or Lender in connection with the condemnation. IMPOSITION. OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions resting to governmental taxes, fees and charges are a part of this Deed 01 Trust: Cumehl Taxes, Fees and Changes. Upon request by Lender, Truslor shall execute such docVlnonls in adtl8ion to this Dead of Trust and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Truster shall reimburse Lender for all taxes, as described below, together with all eo"mor; incurred in recording, perfecting or continuing this Deed of Trust, including without gmhatlon all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of Trust. Taxes. The following shall constitute axes to which this station applies: (1) a specific tax won this type of Dead of Trust a upon all a any part of the Intlebledness secured by the Dead of Trust; (2) a specific lax an Truster which Truster is authorized a required to deduct from payments an thei.indebtadnaas secured by this type of Deed of Troll (3) a tax on this type of Dead of Trust chargeable against the Lender or the holder of the Note; and (4) a specific tax on al or any portion of the Indebtedness or on payments of principal and interest nude by Truster. Subsequent Taxes. If any lax to which this section applies is erected subsequent to the data of this Deed of Trust, this event shall have the same effect As an Event of Default, and Lender may exercise any or All of Is available remedies for an Event of Delaull as provided below unless Truster either (1) pays me tax before a becomes delinquent, or (2) conlests the tax as provided above In the Taxes And Liens section and deposits with Lender cash or a sufeceard Corporate surely bond ar other security setsfaNOry to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following previsions rotating to Ins Dead of Trust as a security agreement are a pad 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 ems to time. Security Interest. Upon request by Lender, Truster shall execute financing statements and take whalavar other action Is requested by Lender to perfect and Continue Lenders securiy Interest In the Personal Property. In addition to recording this Deed of Trust in the real property records, Lander may, at any time and without further authorization from Truster, file executed counterparts, copies or reproductions of this Deed of Trust As a financing slalament. Truster shall reimburse Lender lot all experees 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, Truster shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Truster and Lender and make havailable to Lender within three (3) days after receipt of written demand from Lender to the extent perndffed by applicable law. Addresses. The mailing addresses of Truster (debter) and Lender (secured party) from which information eonoeming the security interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as slated on the fist page of this Dead of Trust. FURTHER ASSURANCES; ATTORNEYAN -FACT. The following previsions relating to further assurances and aHOrnrey -in -fact are a pad of Ihs Deed of Trust: Further Assurances. At any lime, and from fire to fire, upon, request of Lender, Truster will make, execute and deliver, a will cause to be made, executed w delivered, to Lander or to Lender's designee,"when requested by Lender, cause to be filed, recorded, rallied, or rerecorded. as trio case may be, at such limes and in such offices and places as Lender may deem appropriate, any and all such mortgages. deeds of. trust, security Claude, security agreements, financing statements, continuation statements, instruments of further Assurance, cartiacetos, and other documents As may. In the sole opinion of Lander, be necessary or desirable In order to effectuate, complete, perfect, continue, or preserve (1) Truslors obligations under the Note, this Deed of TNSI, and the Related Documents, and (2) the hem and security interests Created by the Deed of Trust as first and prior liens on the Property. whether new owned or hereafter acquired by Truster. Unless Prohibited by low or Lender agrees Ill the contrary In writing, Truster shall relmburse Lender for all costs and expenses Incurred In connection with the matters referred to in this paragraph. - Attomey- In-Pod. If Truslor fails to do any of the things referred to in the preceding paragraph, Lander may do so for and in the name of Truster and at Trusters expense. For such purposes, Truster hereby Irrevocably appoints Lender as Trusters altornay -Iliad for the purpose of making, executing, delivering, Cling, recording, and doing all other things as may be necessary a desirable, In Lenders sole opinion, to accomplish the matters referred to In the preceding paragraph. FIAT PERFORMANCE. If Truslor pays all lha'lndebtedness, including without limitation all future advances, when due, and otherwise Performs all the obligations imposed upon Truster under this Deed of Trust, Lender shall execute and deliver to Trustee a request ter full reconveyance and shall execute and deliver to Truster suitable statements of termination of any financing statement on file evidencing Landers security interest in the Rents and th9 Personal Properly. Any reconveyance lee required by law shall be paid by Truster, if parmRled by applicable taw. EVENTS OF DEFAULT. At Lenders option, Truslor will be In default under this Dead of Trust if any of the following happen: Payment Default. Truster fails to make any payment when due under the Indebtedness. Break Other Promises. Truster breaks any promise made to Lender a fails to perform promptly at the lime and shiolly In the manner provided in this Dead of Trust or in any agreement related to this Dead of Trust. Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Dead of Trust. the Note a in any of the Related Documents. If such A failure is curable and if Tfustor has not been given a notice of a branch of same provision of this Deed of Trust within the preceding twelve (12) months, It may be cured (And no Event of Default Will have occurred) if Truster. lltar Lander sands Written notice demanding cma 01 such fAilae: (a) cures the failure within thirty (30) days; or (b) If the cure requires more Ihab thirty (30) days, immediately initiates steps suMCient to cute the failure and thereafter Continues and complains all reasonable and necessary steps sufficient to produce compliance As won as reasonably practical. Default on Other Payments. Failure of Truster within the time required by this Dead of Trust to make any payment for taxes a Insurance, or any other payment necessary to prevent filing of or to effect discharge of any Gen. Default In Favor of Third Panes. Should Truster default under any loan, extension of eredfi, Sacirity, Agreement, purchase or sales