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DEED OF TRUST Loan No: 66801 (Continued) 200205595 Page 3 issued in favor of, and accepted by, Lender in connection with this Dead of Trust, and (b) Truster has the fall right, power, and amhorty to execute and deliver this Dead of Trust M Lender. Defense of THIN. Subject to Me exception in Me paragraph above, Truster warrants and will forever defend Me tie M Me Property against the lawful claims of all persons. In Me event any action or prceeeding is commenced that questions Trustor's fide or Me Interest of Trustee or Lender under this Deed of Trust, Too shall defend the action at Trustor's expense. Trustor may be the nominal party in such proceeding, but LaMar shall be entitled to participate in the proceeding and to be represented In Me proceeding by counsel of Lender's own choice, and TfusMr will deliver, or cause M be delivered, to Lender such instruments as Lender may request from time M time to permit such participation. Compliance With Laws. Trustor warrants that the Property and Trustor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Promises. All promises, agreements, and statements Trustor has made in this Deed of Trust shall survive the execution and delivery of this Deed of Trust, shall be continuing In nature and shall remain in full force and effect unit such time as Trustor'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, Truster shall promptly notify LeMer in writing, and Truster shall promptly take such steps as may be necessary to defend the action and action the award. Truslor may be the ri minal party in such proceeding; but Lender shall be entitled to participate in Me Proceeding and to be represented in the proceeding by counsel of its own choice, and Truster will deliver or cause te be delivered M Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, LaMar may at its election require that all or any portion of the net proceeds of Me award be Applied to Me 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 allorneys' fees incurred by Trustee or Lender In Connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions mining to governmental razes, fees and charges are a pan of this Dead of Trust: Current Taxes, Fees and Charges. Upon request by Lender, Truster char execute such documents in addition to this Dead of Trust and Wk. whatever other action Is requested by Lender to perfect and controls Lender's lien on the Real Property. Trucial shall relmburse Lender for ail taxes, as described below, together with all expenses Incurred in recording, perfecting or continuing this Deed of Trust, including without limitation all loxes, fees, documentary stamps, and other Charges for recording or registering this Deed of Trust. Tares. The following shall constitute taxes to which this section applies: (1) a specific tax upon the type of Dead of Trust or upon all or any pan of the Indebtedness secured by this Good of Trust; (2) a specific fax on Truster which Trustor is authorized or required M deduct from payments on the Indebtedness secured by Mis type of Deed of Trust, (3) a tax on Mis type of Deed of Trust chargeable against the Lender m Me holder of the Note; and (4) a specific tax On all ar any portion of the Indebtedness or on payments of principal and interest made by Trustor. Subsequent Taxes. If any tax M which this section applies Is enacted subsequent to Me date of this Deed of Trust, this event shall have Me 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 unless Trustor either (1) pays Me tax before it becomes delinquent; or (2) contests the tax as provided above In the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to Mis Dead of Trust as a security agreement are a pan of this Deed of Trust Security Agreement This instrument shall constitute a Security Agreement te the extent any Of the Property constitutes fixtures, and Lender shall have all of the rights of a secured path untler the Uniform Commercial Cade as amended from Who to time Security Interest. Upon request by Lender, Trustor shall execute financing statements and take whatever other action is requested by Lender to paned and continue Lerxlers security interest in the Personal Property. In addition to recording this Deed of Trust In the real property, records, Lender may, at any time and without further autherizatior from Trustor, file executed counterparts, copies or reproductions of this Dead of Trust as a financing statement Trustor Shall reimburse LaMar for all expenses incurred in perfecting or continuing Mis security Interest. Upon default, Truster shall riot 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 Trustor and LaMar and make it available to Lender within three (3) days after receipt of wrtten demand from Lender to Me extent permitted by applicable law. Addresses. The mailing addresses of Trustor (debtor) and Lender (secured par l from which Information conceming Me security interest 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 the Deed of Trust, FURTHER ASSURANCES; ATTORNEYAN -FACT. The following provisions relating b further assurances and attorney -in -fact are a part of this Deed of Trust: 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 made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be bad, recorded, aided, or rerecorded, as the case may be, at such fines and in such of icas and places as Lender may Were appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of fuller assurance, certificates, 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) Trustor's obligations under Me Note, this Dead of Trust, and Me Related Documents, and (2) Me liens and security Interests created by this Used of Trust as first and prior liens on the Property, whether now owned or hereafter acquired by Truster. Unless prohibited by law or Lender agrees M to contrary in writing, Truster shall reimburse Lender for all Costs and expenses incurred In connection with the natters referred to in this paragraph. Aacrney4n -Fact. If Truster fails to do any of the Mini referred to in the preceding paragraph, Lender may do so for and in Me name of Truster and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints Lender as Trustor's attorney -in -fact for Me purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lenders sole opinion, to accomplish the na¢ers referred to in the preceding paragraph. FULL PERFORMANCE. If Trustor Pays alp the Indebtedness, including without limitation all future advances, when due, and otherwise performs all Me obligations imposed upon Trustor under Mis Dead of Trust, Lender shall execute and deliver to Trustee a request for full raconveyance and shall execute and deliver to Truster suitable statements of termination of any finanding statement on file evidencing Lenders security, interest in the Rents and the Personal Property. Any retomm ance fee required by law shall be paid by Trustor, if permitted by applicable law, EVENTS OF DEFAULT, At Lender's option, Trustor will be in default under this Deed of Trust H any of the following happen: Payment Default. Trustor fails to make any payment when due under the Indebtedness Break Other Promises. Trustor breaks any promise made M Lender or fails to perform promptly at the time and strictly in the manner provided in this Deed of Trust or in any agreement related to this Dead of Trust Compliance Default Failure to comply with any other fern, obligation, covenant or condition contained in this Deed of Trust, the Note or In arty of the Related Documents. If such a failure is Curable and if Trustor has not bean given a notice of a breach at Me same provision of this Dead of Trust within the preceding twelve (12) months, it may be cured (and no Event of Default will have accurrad) If Trustor, after Lender sends written notice demanding cure of such failure: (a) cures the failure within thirty (M days; or (b) if the cure requires more Man Minty (30) days, immediately initiates steps sufficient M cure Me famm and thereafter continues and completes all reasonable and necessary steps sufficient to produce compfrome as soon as reasonably practical Default on Other Payments. Failure of Trustor within the time required by this Dead of Trust to make any payment for taxes or insurance, or any other payment necessary M prevent filing of or M effect discharge of any lien.