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DEED OF TRUST Loan No: 1551209 200207139 (Continued) raga 3 but Lender shall be emuled to participate in the proceeding and Is be represented in the proceeding by counsel of Lender's awn choice, and Truster will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such profession. Compliance With Laws. Truster warrants that the Property and Truster's use of the Properly complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of RepremaWtlons antl W ommolles. All representations, warranties, and agreements made by Truster In this Dead of Trust shall survive the execution and delivery of this Dead of Trust, shell be continuing in nature, and shell remain In full force and effect until such time as Borrower's Indebtedness shall be paid In full. CONDEMNATION. The fotlowmg provisions relating to candemnallon proccedings are a pad of this Deed of Trust: Proceedings. If any proceeding in condemnation Is filed, Truster shall promptly n011ty Lender in young, and Truster 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 own choice, and Trustor will deliver or cause to be delivered to Lender such instruments and documentation as may be equal by Lender from time to time to permit such participation. Application of Nel Proceeds. If all of any pad of the Property Is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at Ili election require that all or any portion of the net premeds of the award be applied to the Indebtedness or the repair or restoretbn 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 hall to governmental taxes, lees and charges are a part of this Deed of Trust Current Taxes, Fees and Charges. Upon request by Lentler, Truster shall execute such documents In applied to this Deed of Trust and take whatever other action Is requested by Lender to perfect and continue Lender's fen on the Real Property. Truster shall relmourse Lender for all lazes, as described below, together with all expenses Incurred In recording, perfecting or continuing this Deed of Trust, including without Ilmtlallon all taxes, lees, documentary stamps, and other charges for recording or registering this Deed of Trust. Taxes. The following shall constitute imles to which this section apples: (1) a specific tax upon this type of Deed of Trust or upon all or any part of the Indebtedness secured by this Deep of Trost; (2) a specific tax on Borrower which Borrower Is musical or required to deduct from payments on the Indebtedness secured by this We of Dead of Trust; (3) a lax an this type of Deed of Trust chargeable against the Lender or the holder of the Note; and (a) a sp no lax on all or any portion of the Indebtedness or on payments of principal and Interest made by Borrower. Subsequent Taxes. If any lax to which this section applies Is fooled subsequent to the dale of this Dead of Trust, this event shell 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 Truster either (t) pays the lax before it becomes delinquent, or (2) Contests the tar as provided above In the Taxes and Liens section and capable with Lender cash of a Sufficient corporate surety bond or other security SmalaclmY to Lentler. SECURITY AGREEMENT; FINANCING STATEMENTS- The following provisions Issuing to this Deed of Trust as a security agreement are a pad of this Dead of Tru l: Security Agreement. This Instrument shall constitute a Secunty Agreement to the extent any of the Property mmVIFuvs fixtures, and Lender shall have all of the F of a secured party under the Uniform Commercial Code as amended Rom time to time Security Interest. Upon request by Lentler, Tmslar shall execute financing statements and take whatever other action is requested by Lender to perfect and continue Lenders security Interest in the Rents and Personal Property. In addition to recording this Dead of Trust in the real property records, Lender may, at any time and without further eulhmmumn from Truster, file executed counterparts, copies or reproductions of this Deed of Trust as a Financing statement. Truster shall reimburse Lender for all expenses Incurred in perfecting or entinutng this security Interest Upon default, Truster shall not remove, comer or detach the Personal Property from the Property. Upon delaull, Truster shall assemble any Personal Property not affixed to the Properly In a manner and at a place reasonably convenient to Truster and Lander and make II available Is Lender within three (3) days after receipt of written demand Rom Lender to the extent permilled by applicable law. Addresses. The mailing addresses of Truslor (debtor) and Lender (secured perry) from which information concerning the accents interest granted by this Dead of Trust may be obtained (each as required by the Uniform Commercial Code) are as staled on the first page of this Used of Trust. FURTHER ASSURANCES; ATTORNEY -IN {ACT. The following provisions relating to further assurances and attorney -intact are a pad of this Deed of Trust: Further Assurances. At any lime, and from lime to lime, upon request of Lender, Truster 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 filed, recorded, buffer or rerecorded, as the case may be, at such Mmes and In such offices and places as Lender may deem appropriate, any and all Such mortgages, deeds of trust security deeds, security agreements, financing statement, continuation statements, Instruments of further as 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 Truster's obligations under the Note, this Dead of Trust, and the Related Documents, and (2) the hens and security Interests created by this Dead of Trust on the Properly, whether now owned or hereafter acquired by Truster. Unless prohibited by law or Lender agrees to the contrary In writing, Truster shall reimburse Lender for all costs and expenses incurred in Traction with the matters referred to In this paragraph. Altarney- m-Eact. If Truster fails to do any of the things referred to in the preceding paragraph, Lender may do so for and In the name of Truster and at Truster's expense. For such purposes, Truster hereby irrevocably appoints Lander es Truster '5 ellOrney-tn -Met for the purpose of making, erecutlng, delivering, filing recording, and doing all Other things AS may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to In the preceding paragraph. FULL PERFORMANCE. If Borrower pays all the Indebtedness when due, and olherwise performs all the obligations Imposed upon Truster under the Deed of Trust, Lender shall execute and deiver to Trustee a request for full reconveyence and shell execute and deliver to Truster suitable statements of lermmatil of any financing statement on lie evidencing Lender's security interest In the Rents and the Personal Property. Any reconveyance fee required by law shell be paid by Truster, it permitted by applicable law. EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of DefBull under this Deed of Trust: Payment Default. Borrower falls to make any payment when due under the indebtedness. Other Defaults. Borrower or Truslor fails to Comply with or to perform any other term, obligation, covenant or condition contained In this Deed 01 Trust or In any of the Related Documents or to comply with or to perform any term, spoalon, covenant or condition contained In any other agreement between Lender and Borrower or Truslor. 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. If such a failure Is curable and it Borrower or Truster has not been given a Felice of a breach of the same provision of IMS Deed of Trust aunty the preceding twelve (12) months, II may be cursd (and no Event of Default will have occurred) If Borrower or Truster, after Lender sends written notice demanding cure of such f rture : (a) cures the failure within fifteen (15) days; or (b) if the cure requires more than fifteen (15) days. Immediately Initiates steps summent to Cure the /elude and thereafter continues and completes all reasonable and necessary slaps sufficient to produce compliance as soon as reasonably pracvcal. Default on Other Paymenls. Failure of Truster within the time required by this Deed of Trust to make any payment for fares or insolence, or any other payment necessary to prevent filing of or to effect discharge of any lien. Defaull In Favor of Third Panlea. Should Borrower ar any Truster default under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or parson that may materially ease[ any of Trusters properly or Borrowers or any Truster 'a ability to repay the Indebtedness or perform their respective obligations under this Dcetl of Trust or any of the