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DEED OF TRUST ,; ' t r °' Loan No: 51,12583 200206572 (Continued Page .3 in full of the Indebtedness, such proceeds shall be paid to Trustor as Trustoes interests may appear. - Trustor's Report on Insurance. Upon request of Lender, however not more than once a year, Trustorshafifsrnish to Lander a report on each existing policy of insurance showing: (1) the name of the insurer; (2) the risks Insured; (3) the amount of the poll y, (4) the property insured, the then current replacement value of such property, and the many* of determining that value; and "(5) the'ezpiration : date of the policy. Trustor shall, upon request of Lender, have an independent appraiser satisfactory to Lander determine the cash value replacement cost of the Property. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lenders interest in the Property or if Trustor .fails to comply with any provision of this Deed of Trust or any Related Documents, Including but not limited to Trustoes failure to discharge or pay when due any amounts Trustor is required to discharge or pay under this Deed of Trust or any Related Documents, tender on Trustoes behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Trustor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2): the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Dead of Trust also witl secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which tender may be antifbd upon Default WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Properly are a part of this Deed of Trust: Title. Trustor warrants that: (a) Trustor holds good and marketable titre of record 10 the Property in fee simple, free and clear of all liens and - encumbrances other than those set forth in the Real Properly description or in any title Insurance policy, title report,. or. final We opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust, and (b) Trustor has the full right, power, and authority to - execute and deliver this Deed of Trust to Lender. Defense of Title. Subject to the exception in the paragraph above, Trustor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Trustoes title or the Interest of Trustee or - Lander under this Deed of Trust, Trustor shall defend the action at Trustoes expense. Trustor 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 Lender's own choice, and Trustor will deliver, or cause to be delivered, to Lender such Instruments as Lender may request from time to' HMO to :permit such participation. Compliance With Laws. Trustor warrants that the Property and Trustoes use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorifies: .. Survival of Representations and Warranties.. All representations, warranties, and agreements made by Trustor in this Dead 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 unfil such time as Borrower's Indebtedness shall be 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, Trustor shall promptly notify Lender in writing, and Trustor shall promptly take such steps as may be necessary to defend the action and obtain the award. Trustor 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 own choice, and Trustor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from lime to fime 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, 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 costs, expenses, and attorneys' fees incurred by Trustee or Lender in connection with the condemnation.: 'IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes; fees and charges are a pad of this Deed of Trust Current Taxes, Fees and Charges.. Upon request by Lender, Trustor shall execute such documents in addition to this Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Trustor shall reimburse Lender for all taxes, as described below, . together with all expenses incurred in recording,, perfecting or continuing this Dead of Trust, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of Trust. Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trustor upon all or any part of the Indebtedness secured by this Deed of Trust; (2). a specific tax on Borrower which Borrower Is authorized or required to deduct from payments 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 or the holder of the Note; and (4) a specific tax on all 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 enacted subsequent to the date: 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 its available remedies for an Event of Default as provided below unless Trustor either (1) pays the 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 this Deed of Trust as a security agreement are a part of this Deed of Trust:. Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property consfitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Trustor shall execute financing statements and take whatever other action is requested by Lender to perfect and continue Lender's security interest in the Rents and 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 Trust as afinancing statement. Trustor shall reimburse Lender for - allexpenses 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, Trustor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Trustor and Lender and make it available to Lender within three (3) days after receipt of whiten demand from Lender to the extent permitted by applicable law. 'Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) 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 of Trust. FURTHER ASSURANCES; ATTORNEY -IN -FACT. The following provisions relating to 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 Lander, cause to be filed, recorded, . refired, or rerecorded, as the case, may be, at such times and in such offices and places as Lender may doom appropriate, any and altsuch mortgages, deeds . of trust, security deeds, security agreements, financing statements, .continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole . opinion of Lender, be necessary or desirable in order to effectuate,:. Complete, Perfect, continue, or preserve (1) Borrower's and Trustor's obligations under the Note, this Deed of Trust, and the Related Documents, and (2) the liens and security interests created by this Deed of Trust,as first and prior liens 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 Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph.