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200208979 DEED OF TRUST Loan No: 19b39 (Continued) Page 3 Ilia ov,fu1 dauna of all persons. if Ire ivai I any action or oleo aedI g ,s commen,ad IheI questions Truiltor's Mlle or Ina Interest of Trusted Of I ,lost under the Doetl of Trust, Truslor shah domnd the action at Tro,, or's expense. Truslor maybe the noremal party m such prueeeding, but Lends shall be enlJled to particpate in use prooeedelg and Ir be mpreselr er Ia the proceeding by counsel of Lendor's own choice, and Trlb'tdr V/ 11 tleliver. or CaaSe to be delivered, Ib Lender such untrumenls as Lender may request from into to bee to pears ;t Sneh p.rhomfica. Compllance With Laws. Tructor warrants Pet the Properly and Tral kin's use of the Property complies with all existing applicable laws, crelnancee, and r.gula ions of governmental authorities. Survive: so Promises. Al; promises, agroemenls, and statements Truslor has madd in this Dead of Trust shall survive the exocubo, and u,, stry dI Ibis Doetl of TFast, shall be coninwng in nature and shall remain In full force and effect unlit such time as Trustors Indobtodnese s paid In'ull. CONDEMNATION. 'True follewfng provisions releting to condemnation proceedings are a part of this Deed of Trust: Proceedings. If any proceeding in condemnation is filed, Truster shall promptly notify Lender In writing, and Truster shall promptly take such steps as may be necessary to defend the action and obtain the award. Truster may be the nominal parry in such proceeding, but Lender shall be entitled to participate is the proceeding and to be represented in the proceeding by counsel of its own choice, and Truster will deliver or cause to be delivered to Lender such Instruments and documentation as may be requested by Lender from time to lime to permit such participator, Applicator of Net Proceeds. if all or any pad of the Property is sandwiched by eminent domAn proceedings or by any proceeding or purchase In lieu of contlanration, Lender may of Its eaaciion require that all starry portion of the not proceeds at the award be applied to the Ind.bmdness 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 site rnoys' fees incurred by Trustee or Lender in connection with the Condemnation. IMPOSITION CF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, ices end char... are a part of this Deed of Trust: Currant Taxes, Pees and Charges. Upon request by Lender, Tracer shall execute such documents in addition to this Deed of Trust and Lille whatever other uttaul a requested by Loader to perfect antl continue Lendel : Ilan on the Real Property. Tractor shall reimburse Lender for till taxes, so described baldw, together with all expanses incurred in recording. Pondering or continuing this Dead of Trust, ndudmg without limitation It taxes, fees, documentary stamps, and other charges for recording or registering this Deed of Trust. Taxes. The following shall constitute lazes to which this section applies: (1) a specific lax upon this type of Deed of Trust or upon all or any pan of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Truster which Truster Is authorized or required to deduct from payments on the Indebtedness secured by this typo of Deed nt Trust; (3) a tax on this type of Dead of Trust chargeable against the Tender or the holder or the Note, and (4) a specific, lax on all or any portion of the Indebtedness or on payments of principal and interest matlp by Trl15:er. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the dale 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 lot an Event of Default as provided below unless Truster either (I) pays the lax before it becomes delinquent, or (2) Contests the tax as provided above in the Taxes and Liens section and repudiate with Leader cash of a suff:clent corporate surely bond or other security satisfactory to Lender. SECURITY AGREEMEN "D FINANCING STATEMENTS. The following provisions relating to this Dead of Trust as a security agreement are a part of Its Does of Trust: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as ameoded from time to time. Security Interest. Upon request by Lender. Tioslor shall execute financing slateme rls and take whatever other action is requested by sh cur to rallod antl continua Lender's security Intomst In the Personal Properly. In addition to recording this Dead of Trust in the real Wopedy records, Londe, may, at any time antl saineut other authprizatlon from flatcar, file executed counterparts, copies or reproductions of It,s tJdhd or Trtsl as a fin mein, deterrent Truster shall r,,.I,b U,So Lender for all expenses incurred In perl"bing or continuing tars =r,uNy inter. :;t. Jpon dofuolt, Truster shall not remove, suven en detach the Personal Property from the Properly. Upon default, Truslor shp,'I a;remblo any Personal Property not affixed to the Property Inn manner and at a place reasonably convenient to Trustor and Lender ant rani, it avircu 1, to Landm within three (3) days after receipt of written demand from Lentler to the extent permitted by applicable law. Ad dresros. The mating address., of Truster (meti antl Lender (socurod party) from which Information concerning the security interest gvnr =C bs this Coed of Trust may Our obtainod (each as required by the Uniform Gonunwrdn Code) are as stated on the first page of this Ccec of .Fast, FURTHER ASSURANCES; ATTORNEY- IN -FAC'r. The following provisions relating to further assurances and afobehi -In -fact are a part of his Deed el Taut: Far flat A65mance9. At any limo, and from Irmo to lime, upon request of Lentleq'Guslcr will make, exudate and deliver, or will cause to be madd, e'xeculed of delivered, to Lenoar or Ib Lender's designee, and when requested by Lender, cause to be filed, recorded, raided, or rerecorded, as the case may ba, st such times and to such offices and places as Lumber may deem appropriate, any and all such mortgages, cards of trust, security dews, security agroba ls, financing stale me his, cdnllnualign statement, Instruments of further assurance. cadlrcates, and other documents as may, ra the sole Opinion of Lentler, be nacessmy or desirable in order to effectuate, complete, perfect, dm'imu& or preserve (1) Trusts r, dariecarmis under the Note. this Deal of Trust, and the Related Documents, and (2) the lions and comaity into :eels' created by this Doetl of Trust as first had prior liens on the Property, wbpihua now owned or hereafter acquired by Truster. Urines, peonililad by law or Lender agrees to the contrary in wFiling, Truster shall reimburse Lender for all costs and expenses Incurred In eonnoction with the betters referred to in this paragraph. Attorney -In -Fact. 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 Truslor and at Truslm's exponsa. For such purposes, Truslor hereby hrovocably appoints Lender as Truslor's attorney- lo-fact for the purpose of making, mimmiing, delivering, fills,, reeerding, antl doing all ether things as may be necessary or desirable, in Lontler's sole dealer , to accomplish the ambers miorred to in the preceding paragraph, FULL PFRPORMANCE. II Truster pays all the Indebtedness', Including vilmart fmllmion all future advances, when due, and otheawlse performs all If,, obhgatlons Imposed upon Truslor nndcr this Druid of Trust, Lauder shall execute and deliver to Trustee a request for lull reconveyence and Sher'. dxU:duld aid dahver to flood. Saltarse c ateTenS of ternleli tImn llI any flhancing canonical on file evidencing rudders security Interest in the ,,.a-, ,1, Iho Personal Property. Any twocvoytnch too meshed by taw shall be, paid by Truslor, II parnifted by applicable law. FVENTs OF DCFAULT. A! Lender's opllan, TNitUr will by In default under this Dead dl Trull If any of file following happen: Payment Default. Truster fads to maao any Fr , Flori whop One under the Ireactancess. sneak Olber, Pmr,lseS Tnlslor breaks any promrsu nade W :.h der or tor[, to ,,dorm promptly at the hmd antl slndly In the manner prumouC if this Deed of Trust or In ;:ay 2ereaham mlatod to Ihld Deetl of hurl. Cornsllmnrn Cobalt. Fniiure to comply wan any Omar term, obligation, covenant or emabllen contained fn this Deed of Trust, the Nole er in hr,y of nia Rofaud Documents- If spelt a 1211ure is curable and if Tloster has net ticon given a notice of a breach of the same provision of this ,)cod of Trust within Ilia pracading I%ki a (12) months, It may be cured (and no Event of Default will have occurred) if Twirler, after Lender eande ,rlharr notice ddmnnding cal. Of such 1,1 me: of ewes Iho Lillian withn thirty (fig) days; or (b) if the cure requires more than thirty (9U) days, dmedialely Imll :des steps sufficmnl In cur. Iho failure and Ihemallor continues and completes all reasonable and necessary steps sutfwianl to produce compliance to soon as tdasenably practical Default on Other Payments. Fasw'o of Truster .,thin the Irma combat by this Dead of Tmsl to maim any payment for texas or insurance, or any other payment necosmry to prevent little of or to effect discharge of any Ilan. Default In Favor of Third Parties. Shaine buster default under any loan, oxt hama of credit, security agreement, purchase or sales ,gram trout, or nay other ageentenl, In favor of tiny other oreddcr or delta) that may, matadally need any of Trucial's property or Trustor's ropily to spay an Indebtedness or perform tricir respective obligations under this Deed of Trust or any of the Related Documents.