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DEED OF TRUST 200209155
<br />Loan No: 19651 (Continued) Page 3
<br />applicable Insurance policy; w (2) the remaining term of the Nate', or (C) be treated as a balloon payment which will be due and payable at the
<br />Note's maturity. The Dead of Trust also will secure payment of these amounts. The rights provided for In this paragraph shall be In addition to
<br />any other rights or any remedies to which Lender may be entitled on account of any default. Any such action by Lender shall not be construed as
<br />curing the default so as to bar Lander from any remedy that It otherwise would have had.
<br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trusts
<br />Title. Truster warrants that: (a) Trustor holds good and marketable age of record to the Property in fee simple, free and clear of all Ilene and
<br />encumbrances other than those set forth In the Real Property description or in any title insurance policy, title mood, or final title opinion
<br />Issued in favor of, and accepted by, Lender in connection with this Deed of Trust, and (b) Trustar has the full right, power, and authority to
<br />execute and deliver this Dead of Trust to Lender.
<br />Defense of Title. Subject to the exception in the paragraph above, Trustor warrants and will forever defend the Use to the Property against
<br />the lawful claims of all persons. In the event any action or processing is commenced that questions Trustor's title or the Interest of Trustee or
<br />Lender under this Deed of Trust, Trustor shall defend the action at Trustor's expense. Trustor may be the nominal party In such proceeding,
<br />but Lender shall be entitled to participate in the proceeding and to be represented in the processing by counsel of Lender's own choice, and
<br />Trustor will deliver, or cause to be delivered, to Lander such instruments as Lender may request from time to time to permit such
<br />padklpalan.
<br />Compliance With Laws. Trustor warrants that the Property and Trustors use of the Property samples with all existing applicable laws,
<br />ordinances, and regulations of governmental authorities.
<br />Survival of Promises. All promises, agreements, and statements Trustor has made in this Deed of Trust shall survive the execution and
<br />delivery of this Deed of Trust, shall be continuing in nature and shall remain In full force and effect unfit such time as Trustor's Indebtedness
<br />is paid in full.
<br />CONDEMNATION. The following provisions retailing to condemnation proceedings are a pan of this Dead of Trust:
<br />Proceedings. If any processing in condemnation 5 filed Trustor shall promptly notify Lender In writing, and Trustor shall promptly take such
<br />steps as may be necessary to defend the action and obtain the award, Trustor may be the nominal party in such proceeding, but Lander
<br />shall be entitled to participate in the processing and to be represented In the processing by counsel of its own choice, and Trustor will
<br />deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit
<br />such participation.
<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, Lander may at its election require that all or any portion of the net proceeds of the award be applied to the
<br />Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award alter payment of all
<br />reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lander In connection with the condemnation.
<br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental texas,
<br />fees and charges are a pad of this Dead of Trust:
<br />Current Taxes, Fees and Charges. Upon request by Lender, Trustor shall execute such documents in addition to this Dead of Trust and
<br />take whatever other action is requested by Lander to perfect and continue Lender's lien on the Real Property. Trustor shall reimburse Lander
<br />for all taxes, as described below, together with all expenses incurred to recording, perfecting or continuing this Deed of Trust, including
<br />without limitation all lazes, fees, documentary stamps, and other charges for recording or registering this Dead of Trust.
<br />Taxes. The fallowing shalt constitute taxes to which this section applies: (1) a specific tax upon this type of Dead of Trust w upon all m any
<br />part of the Indebtedness secured by this Dead of Trust; (2) a specific tax on Trustor which Trustor Is authodaas or required to deduct from
<br />payments on the Indebtedness secured by this typo of Deed of Trust; (3) a tax on this type of Dead of Trust chargeable against the Lander
<br />or the holder of the Note; and (4) a spastic tax on all or any portion of the Indebtedness w on payments of principal and Interest made by
<br />Trustor.
<br />Subsequent Taxes. If any tax to which this section applies of enacted subsequent to the date of this Dead of Trust, this event shall have the
<br />same effect as an Event of Default, and Lender may exercise any or all of its Syllable remedies for an Event of Default as provided below
<br />unless Trustor abhor (1) pays the tax before It becomes delinquent, w (2) contexts the tax as provised above in the Tuxes and Liens
<br />seetlon and deposits with Lender cash or a sufficient corporate surety bond or other security Satisfactory to Lender.
<br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions retailing to this Dead of Trust es a security agreement are a pad
<br />of this Deed of Trust:
<br />Security Agreement. This Instrument shall constitute a Security Agreement to the extent any of the Property constitutes adures, and Lender
<br />shall have all w the rights of a secured party under the Uniform Commercial Cede as amended from time to time.
<br />Security Interest. Upon request by Lender, Trustor shall execute linendng statements and take whatever other action Is requested by
<br />Lander to perfect and continue Lender's security interest in the Personal Property. In addition fo recording this Dead of Trust In the real
<br />property records, Lender may, at any time and without further authorhatlon from Trustor, file executed counterparts, copies or reproductions
<br />of this Deed of Trust as a financing statement. Trustor shall reimburse Lender for all expenses iuoumed in perfecting or continuing this
<br />security interest. Upon default. Trustor shell not remove, sever or calash the Personal Property from the Property. Upon default, Trustor
<br />shall assemble any Personal Property not affixed to the Property In a manner and at a place reasonably convenient to Trustor and Lender
<br />and make it available to Lender within three (3) days after receipt of written demand 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 Interest
<br />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
<br />Deed of Trust.
<br />FURTHER ASSURANCES; ATTORNEY -IN -FACT. The following provisions relating to further assurances and eftwney -In -fact are a pad of this
<br />Dead of Trust:
<br />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
<br />made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed recorded, rallied, w
<br />rerecorded, as the can may be, at such times and In such offices and places as Lender may seem appropriate, any and all such mortgages,
<br />deeds of trust, security deeds, security agreements, financing statements, continuation statements, Instruments of further assurance,
<br />certificates, and other documents as may, In the sole opinion of Lender, be necessary or desirable In order to effectuate. complete, perfect,
<br />contlnue, or preserve (1) Truslor's obligations under the Note, this Dead of Trust, and the Related Documents, end (2) the liens and
<br />security interests created by this Dead of Trust as first and prior lions on the Property, whether now owned w hereafter acquired by Trustor.
<br />Unless prohibited by law or Lender agrees to the contrary in writing, Trustor shall reimburse Lender for all casts and expenses Incurred In
<br />connection with the matters referred to in this paragraph.
<br />Attorney- leFact. If Trustor fails to do any of the things refened to in the preceding paragraph, Lander may do so for and In the name of
<br />Trustor and at Trustor's expense. For such purposes. Trustor hereby irrevocably appoints Lender as Trustw's aftorney -IMact for the
<br />purpose of making, exaoWng, delivering, filing, recording, and doing all other things as may be necessary or desirable, In Lender's sole
<br />opinion, to accomplish the matters referred to In the preceding paragraph.
<br />FULL PERFORMANCE. It Trustor pays all the indebtedness, including without limitation all future advances. when due, and otherwise performs
<br />all the obligations imposed upon Trustor under this Dead of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and
<br />shall execute and deliver to Trustor suitable statements of termination of any financing statement on Hie evidencing Lander'a security interest In the
<br />Rents and the Personal Property. Any reconveyance fee required by law shall be paid by Trustor, it permitted by applicable law.
<br />EVENTS OF DEFAULT. At Lenders option, Trustor will be in default under this Deed of Trust if any of the following happen:
<br />Payment Default. Trustor fails to make any payment when due under the Indebtedness.
<br />Break Other Promises. Trustor breaks any promise made to Lender or fails to perform promptly at the time and shlctiy In the manner
<br />provided In this Deed of Trust or in any agreement related to this Dead of Trust.
<br />Compliance Default. Failure to comply with any other term, obligation, covenant or condlfion contained In this Deed of Trust, the Note or in
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