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200207737
<br />DEED OF TRUST
<br />Loan No: 774634 (Continued) Page 4
<br />orry title insurance pi title report, or final title opinion issued in favor of, and accepted by. Lender in connection with this Deed of
<br />Trust, and of Truster has the fall right, power, and authority to execute and deliver this Deed of Trust to Lender.
<br />Defense of Title. Subject to the exception Ia the paragraph above, Trustor warrants and will forever defend the title to the Property
<br />against the lawful claims of all persons. In the event any action or proceeding is aced that questions Trustor's title or the
<br />interest of Trustee or Lender under this Deed of Trust, Trustor shall defend the action at Truster'a expense. Trustor may be the
<br />nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding
<br />by counsel of Lender's own choice, and Trustor will deliver, or cause to be delivered, to Lander such instruments as Lender may
<br />request from time to time to permit such participation.
<br />Compliance With Laws. Trustor warrants that the Property and Trustor a use of the Property complies with all existing applicable
<br />laws, ordinances, and regulations of governmental authorities.
<br />Sur ) val of Representations and Warranties. All representations, warranties, and agreements made by Truster in this Deed of Trust
<br />sholsurvive the execution and delivery of this Deed of Trust, shall be continuing in nature, and shall remain in full force and effect
<br />until such time as Borrower's Indebtedness shall be paid in full.
<br />EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Dead of Trust:
<br />Existing Lion. The lien of this Dead of Trust securing the Indebtedness may be secondary and Inferior to an existing lien. Trustor
<br />expressly amourants and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any default on uch
<br />indebtedness, any default under the Instruments evidencing such indebtedness, or any default under any security documents for such
<br />indebtedness.
<br />No Modification. Trustor shall not enter into any agreement with the holder of any mortgage, dead of trust, or other security
<br />ogre eat which has priority over this Deed of Trust by which that agreement is modified amended, extended or wed without
<br />the prior written consent of Lender. Truster shall neither request nor accept any future advances under any such security agreement
<br />without the prior written consent of Lender,
<br />CONDEMNATION. The following provisions relating to rondemnalion proceedings are a part of this Deed of Trust:
<br />Proceedings. If any proceeding In panderemation is filed, Trustor shall promptly notify Lander in writing. and Trustor shall promptly
<br />take such steps as may be necessary to defend the action and obtain the award. Trustor may be the nominal party in such
<br />proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counacl of its own
<br />choice, and Trustor will deliver o r cause to be delivered to Lander such instruments and documentation as may be requested by
<br />Lender from time to time to permit suchparticipation,
<br />Application of Net Proceeds. If all or any part 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 be applied
<br />to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of
<br />all reasonable costs, expenses, and attorneys fees incurred by Trustee or Lender in connecting with the condemnation.
<br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental
<br />taxes, fees and chatyaa are a part of this Deed of Trust:
<br />Current Texas, Fees and Charges. Upon request by Lender, Trustor shall execute such documents in addition to This Deed of Trust
<br />and take whatever other action Is requested by Lender to perfect and continua Lander 'a lion on the Real Property, Trustor shall
<br />reimburse Lender far all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed
<br />of Trust, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of
<br />Trust.
<br />Taxes. The following shall constitute taxes to which this section applies: 111 a specific tax upon this type of Deed of Treat or upon
<br />all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Borrower which Borrower is authorized or
<br />required to deduct from payments on the Indebtedness accuretl by this type of Deed of Trust; (3) a tax an this type of Deed of Trust
<br />chargechle against the Lander or the holder of the Note: and (4) a specific tax on all or any portion of the Indebtedness or an
<br />payments of principal and 'interest made by Borrower.
<br />Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall
<br />have the same effect as an Event of Default, and Lander may e any or all of its available remedies for an Event of Default as
<br />becomes
<br />Taxe
<br />provided below unless Trustor either with pays the tax or a sit becomes delinquent,
<br />sure or 121 contexts the tax as provided above in the
<br />Taxes and Liens section and deposits wirb Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender.
<br />SECURITY AGREEMENT: FINANCING STATEMENTS. The following provisions hoisting to this Deed of Trust as a security agreement are a
<br />part of this Dead of Trust:
<br />Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and
<br />Lender shall have all of the rights of a scoured party under the Uniform Commercial Code as amended from time to time.
<br />Security Interest. Upon request by Lender, Trustor shall execute financing statements and take whatever other action is requested by
<br />Lander to perfect and continua Lender's security interest the Rents and Personal Property. In addition to recording this Deed of
<br />Trust In the reel property records, Lender may, at any time and without further authorization from ThestOq file executed counterparts,
<br />copies or reproductions of this Deed of Trust as a financing statement. Trustor shall reimburse Lander for all expenses incurred in
<br />perfecting or ontinuing this security interest. Upon tlefault. 1 raster shall net remove, sever or detach the Personal Property from the
<br />Property . Upon default, Trustor shall assemble any Personal Property not affixed to the Property In a mother antl at a place
<br />reasonably convenient to Trustor and Lender and make it available to Lender within three (3) days after receipt of written demand
<br />from Lender to the extent permitted by applicable law.
<br />Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which information concerning the security
<br />interest ymnled by this Deed of Trust may be obtained leach as required by the Uniform Commercial Code) are as'stated on the first
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