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DEED OF TRUST <br />Loan No: 19370 (Continued) 200208606 Page <br />execute and deliver this Dead of Trust to Lender. <br />Defense of Title. Subject to the exception In the paragraph above. Trustor warrants and will forever defend the title to the Property against <br />the lawful claims of all persons. In the event any action or proceeding is commenced that question Trusters title or the interest of Trustee or <br />Lender under this Dead of Trust, Truster shall defend the action at Trustor's expanse. Trustor may be the nominal party in such proceeding, <br />but Lender shell be entitled to participate in the processing and to be represented in the proceeding by counsel of Lender's own choice, and <br />Truster will deliver, or cause to be delivered, to Lender such Instruments as Lender may request from time to time to penmt such <br />participation. <br />Compliance With Laws. Truster warrants that the Properly and Truslor's use of the Property complies with all existing applicable laws, <br />ordinances, and regulations of governmental authorities. <br />Survival of Promises. All promises, agreements, and statements Truster has made in this Dead of Trust shall survive the execution and <br />dellvery of this Deed of Trust, shall be continuing in nature and shall remain in full force and effect unfit such time as Trustor's Indebtedness <br />Is paid in full. <br />CONDEMNATION. The following previsions relating to condemnation proceedings are a pad of this Dead of Trust: <br />Proceedings. If any proceeding in condemnation is filed, Truster shall promptly notify Lender In writing, and Truster shall promptly bake such <br />steps as may be necessary to defend the action and obtain the award. Truster may be the nominal parry 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 Truster 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 pan 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 Us 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 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 pad of this Dead of Trust: <br />Current Texas, Fees and Charges. Upon request by Lender, Truster 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 Ilan on the Real Property. Truster shall reimburse Lender <br />for all taxes, as described below, together with all expenses Incurred In reci perfecting or continuing this Dead of Trust. including <br />without timilalion all texas, fees, documentary stamps, and other charges ter wording or registering this Dead of Trust. <br />Taaes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Dead of Trust or upon all or any <br />pad of the Indebtedness secured by this Deed of Trust; (2) a specific tan on Truster which Truster is authorized or required to deduct from <br />payments on the Indebtedness secured by this type of Dead of Trust; (3) a fax on this type of Dead of Trust chargeable against the Lender <br />or the holder of the Note; and (4) a specific fax on all or any portion of the Indebtedness or on payments of principal and interest made by <br />Truslor. <br />Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the data of this Dead of Trust, this event shall have the <br />same effect as an Event of Default, and Lentler may exercise any or all of its available remedies for an Event of Default as provided below <br />unless Truster either (1) pays the tax 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 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 pad <br />of this Dead of Trust; <br />Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constilules fixtures, and Under <br />shall have all of the rights of a secured party under the Un form Commercial Code as amended from time to time. <br />Security Interest. Upon request by Lender, Trustor shall execute flntol statements and lake whatever other action is requested by <br />Lender to perfect 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 Truslor, file executed counterparts, copies or reproductions <br />of this Dead of Trust as a financing statement. Truster shall reimburse Lender for all expenses Incurred in perfecting or continuing this <br />security interest. Upon default, Truster shall not remove, sever or detach the Personal Property from the Property. Upon cal ll, Trustor <br />shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Truster 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 law. <br />Addresses. The mailing addresses of Truster (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 slated on the first page of this <br />Deed of Trust. <br />FURTHER ASSURANCES; ATTORNEY -IN -FACT. The following provislons relating to further assurances and affomey- in-fact are a pad 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 air to Lenders designee, and when requested by Lender, muse to be filed, recorded, rallied, or <br />rerecorded, as the case may be, at such limes and in such offices and pieces as Lender may deem 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 preserve (1) Trustor's obligations under the Note, this Deed of Trust, and the Related Documents, and (2) the liens and <br />security interests created by this Dead of Trust as lint and prier liens on the Property, whether now owned or hereafter acquired by Truster. <br />Unless prohibited by law or Lender agrees to the contrary In wring, Truster shall reimburse Lender for all costs and expenses incurred in <br />connection with the makers referred to In this paragraph. <br />Attorney -In -Fad. If Truster falls to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of <br />Truster and at Trustor's expense. For such purposes, Truster hereby irrevocably appoints Lander as Trustor's afforneytin -fact for the <br />purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, to Lender's sole <br />opinion, to accomplish the maffera referred 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 Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance 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 />Rents and the Personal Property. Any reconveyance fee required by law shall be paid by Trustor, if permitted by applicable law. <br />EVENTS OF DEFAULT. At Lender's option, Truster 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 />Break Other Promises. Trustor breaks any promise made to Lender or fails to pedorm promptly at the time and strictly to 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 />Deed 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 Bean thirty <br />(30) days, immediately initiates steps sufficient to 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 Truster 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 lifing 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 <br />