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DEED OF TRUST Loan NO: 34392 (Cc h6h 200205972 Page 3 Title, Trustor warrants that: (a) Thator hdda good and marketable Ift el,, record to the Property In fee simple, free and dear of all lions and encumbrances other than those set hNth In the Real Property descdpfirsn o kr any rte Insurance policy, title report, or final title opinion issued in favor of and accepted by, Lando at connection with this Deed of That and, (tr) Trustor has the lug Tight, power, and authority to execute and deliver this Deed of Trust to Lender. Defense of Title. Subject to the excaptbm in:tite.paragraph above, Tnitot worrards: and will forever defend the #me to the Property against the awful claims of Alt Persona, In the event any action or proceeding is',comtninced that questions Trushar's title or the Interest Of Trustee or Lender under this Deed of Trust, Trustor shall defend the action at Trustons expanse Trustor miry be the nominal parry In such proceeding, but Lander shelf be entitled to Petticoats in the proceeding and to.be roprasantsd in the proceeding by counsel of Lender's own dtdce, and Trustor will deliver, or cause to be delivered, to Lander such Instruments as landor may request from time to time to permit such Participation. Compliance with Laws. Trustor warrants that the Prop" end Trustor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Promises. All promises, agreement% and statements Trustor has made M 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 affect until such time as Borrower's Indebtedness is paid in full. CONDEMNATION. The:fdlowang provisnons relatk g to condemnation proceedings are a pan of this Deed of Trust: Proceedings. If any proceeding in cosdemnaton Is pied, Trwskir shall,promptly notify Lander in wring, and Trusror shall promptly take 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 to participate in the proceeding and to be represented in the proceeding by counsel of its town choice, and Trustor will deliver or came to be delivered to Lender such instruments and elocumeh atien as may be requested by Lender from time to time to permit such pank 1patlon. Application of Net Proceeds; If all or any :pad of the Property is condarnned by amlinent domain proceedings or by any proceeding or purchase in lieu of condemnatiot Lender may at Its election require that all or any portion of the net 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 casts, expenses, and stto "' fees knpurfool by Tmsfee or Leader in connection wlth the condemnation, IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES: ` The following provisions rotating to governmental taxes, :fees and charges area part of this Deed o[ Trust ). Current Taxes, Fees and Charities. Upon request by Lender, Trustor: shall axe" such documnents in addition to txs Deed of Trust and take whatever other: action is requested by'Lentler to perfect and continua Lendeet lien on the Real Property. Trustor shag reimburse Lender for all taxes, as described below, together with all expenses, Incurred In rocorcft, perfecting or continuing this Dead of Trust, Including without limitation all taxes, fees, documentary stamps, and other char . for recording or registering this Dead of Trust. Taxes. The following shall consiiaale taxes to which this section appiies:. (1) a specify tax upon this type of Deed of Trust or upon all crony part of the Indebtedness secured by this Dead of Trust ;(2) a specgo tax on Borrower which Borrower Is authorized or required to deduct from payments an the Indebtedness secured by this type of Deed of Trusts (3) a tax on Kris type of Dead of Trust chargeable against the Lender or the holder of the Note; and (4) a,specifc tax on aft or any portion of the Indebtedness or on payments of principal and interest made by Borrower. Subsequent Taxes: If any tax to which this section applies is erected subsequent to the data of this Deed of Trust, this event shag have the same affect as an.Evem of Default, and Lander may exercise any or all of its available remedies for an Event of Default as provided below unless Trustor ether (1), pays the tax before It becomes.delinqueht or (2) contests the tax as provided above in the :Taxes and (dens section and deposits with Larxfer,cash or a sufficient corporate surety brvnd or other security satisfactory to Lander. SECURITY AGREEMENT, FINANCING t`wTATEMENTS, The Idl*, ng provlslons relatng to this Deed of Trust as a security agreement are a pat' of this Deed of That: Secuity AyrasmeM. This Instrument shall constitute a Seicumy Agr amen 40 the extent any of ene Property constitutes fixtures, and .Lender shag have all of the rights of a secured patty under the Uniform Cpl Cede as Amended from time to, Security Nnterest. Upon request by Lender;:. Trustor shag execute financing statements and take whatever other action is requested: by Larder . to period and continue Lender's sacidty interest In t e 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 Trustor, file executed counterparts copies or reproductions of this Deed of Trost as a financing statemerri. Trustor- shall reimburse Lender for all expenses incurred in Welling or continuing this security Interest, Upon default, Trustor shall not remove, sever or detach the Parsonnal Property from the Property. Upon default, Trustor shall assemble arry :. Personal Property not affixed to the Property in a manner and at a place reasons* convenient to Trustor and Lender and make it avallable to tender within three (3) days after receipt of written demand from Lender to the extant permitted by applicable law. Addresses. The mailing addresses of Trustor (debtor) and Lender (secured pally) from which information concerning the 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 this Deed ofTrust. FURTHER ASSURANCES; ATTORNEY -IN -FACT. The following provelions relating to further assurances and atfomey -in -fact are a part of this Deed of Trust: Further Assurances. At any time, and from time to time, upon request of Lander, Trustor will crake, execute and deliver; or will cause to be made, executed: or delivered, to tender, or to Lender's designee, and when requested by Lander, cause to be pied, recorded, ref led, or rerecorded, as the ease may be, at such tines and in such Offices and places as Lender may deom appropriate, any and all such mortgages, deeds of trust, security deeds ' security . agreements, fktencing statements, continuation statements, instruments of further assurance, certificates, and other documents as may,. in the sole opinion of Lenders be necessary or desirable in order to offectuate, complete, :period, continue or preserve (1) Borrower's and Trustoes obligations under: the Note, this Deed of Trust, and the Related Documents. and (2) the liens and seouriry, interests created by this Dead of Trust as first and prix flans on the Property, whether now Owned or hereafter acquired by Trustor. Unless prohibited by law or Lender: agrees to the contrary in writing, Trustor shall reimburse Lander for all costs and expenses Incurred in connection. with the motions referred to in this paragraph Attcmey4n -Fact. If Trustor fails to do any of the things referred to in the prOoed no- paragraph, Lender may do so for and in the name of Trustor and at Trustor's expense. For such purposes, Truster hereby irrevocably appoints Lander as Trustoes attomey -in -fad for the purpose of making;' executing, delivering, filing, recording,, and doing alf other things as may be necessary or desirable, in LencWe sole :Opinion, to accomplish the natters referred toxin the preceding paragraph. FULL PERFORMANCE, if Borrower pays all the Indebtediness,'includirg without driftation all future advances, when due, and otherwise performs all the obligations Imposed upon Trustor wrier this Dead of Trust, Lender shag execua aed deliver to Trustee a request for full reconveyance and shall execute and deliver to Truster suitable statements of termination of any financing statement on fila evidencing Lender's security interest in the Rents and the Personal Property. Any reronveyance fee required by law shall be paid by Tmsto, t permitted by applicable law. EVENTS OF DEFAULT; At Lender's option, Trustor will be in default under this Deed of Trust if any of line following happen: - Payment Default.. Borrower fags to make any payment when due under to indebtedness. Break Other Promises. Borrower or Trostorl: breaks any promise made to Lander or fags to perform promptly at the time and strictly in the manner provided in this Deed of Trust or in any agreement related '10 the DOW Of Trust. Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in thiS Deed of Trust, the Note or in any of the Related Documents.: It such a failure is 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 the preceding' twelve (12) months, it may be cured (arid no Event of Default will have occurred) if Borrower or Trustor, after Lander am& written notice demanding cure of such failure: (a) cures the failure within thirty (30) days; or (b) if the cute requires more than thirty (30) deqs, immediately initiates stops sufficient to cure the failure and thereafter continues and completes all reasonable and neonsary steps sufficient to produce conVilance as soon as raesonalaltr practical.