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DEED OF TRUST 200209611
<br />Loan No: 1581776 (Continued) Page 3
<br />Trustor's Report on Insurance. Upon request of Lender, however not more than ante a year, Truster shall furnish to Lender a report on
<br />each existing policy of insurance showing: (D the name of the insurer; (2) the risks Insured, (3) the amount of the policy; (d) the
<br />property insured, the then current replacement value of such properly, and the manner of determining that value; and (5) the expiration
<br />dale of the policy. Trustor shall, upon request of Lender, have an independent appraiser satisfactory to Lender determine the cash value
<br />replacement cost of the Property.
<br />LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lenders Interest In the Property or g Trustor
<br />tails to comply with any provision of this Dead of Trust or any Related Documents, Including but not limited to Trusters failure to discharge or pay
<br />when due any ?mounts Truster is required to discharge or pay under this Deed of Trust Or any Related Documents, Lender on Trusters behalf
<br />may (but shall not be obligated to) take any action that Lender deems appropriate, including but nor limited to discharging or paying all taxes,
<br />liens, security Interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for Insuring, maintaining
<br />and preserving the Property. Al such expenditures incurred or paid by Lender for such purposes will then bear Interest at the rate charged under
<br />the Note from the dab incurred or paid by Lender to the date of repayment by Truster. All such exper5es will become a part of the Indebtedness
<br />and, at Lenders option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable
<br />with any Installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the
<br />Note; or (C) be treated as a balloon payment which will be due and payable at the viola's msturily. The Deed of Trust also will secure payment
<br />of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default.
<br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to Ownership of the Property are a part Of this Deed of Trust:
<br />Title. Truster warrants that: (a) Trustor holds good and marketable title of record to the Property in lee simple, free and clear of all liens and
<br />encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion
<br />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
<br />execute and deliver this Deed of Trust to Lentler.
<br />Defense of Title. Subject to the exception in the paragraph above, Trustor warrants and will forever defend the title to the Property against
<br />the lawful claims of all persons. In the event any action or proceeding is commenced that questions Trusters life or the interest of Trustee or
<br />Lender under this Dead of Trust, Truster shall defend the action at Trustor's expense. Truster 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 proceeding by counsel of Lender's own choice, and
<br />Trustor will deliver, or cause to be delivered. to Lender such instruments as Lender may request from time to time to permit such
<br />participation.
<br />Compliance With Laws. Trustor warrants that the Property and Trustor's use of the Property complies with all existing applicable laws,
<br />ordinances, and regulations of governmental authorities.
<br />Survival of Represenbllons and Warranties. All representations, warranties, and agreements made by Trustor in this Deed of Trust shall
<br />survive the execution and delivery of this Dead of Trust, shall be continuing in nature, and shall remain in full force and effect until such time
<br />as Borrower's Indebtedness shall be paid in full.
<br />CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust:
<br />Proceedings. If any proceeding In condemnation is filed, Trustor shall promptly notify Lender in writing, and Trustor shall promptly lake such
<br />steps w may be necessary to defend the action and obtain the award. Trustor may be the nominal party In such proceeding, but Lentler
<br />shall be entitled to padlcipate in the proceeding and to be represented in the proceeding 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 Lander from lime to time to permit
<br />such mi iclpaton.
<br />Application of Net Proceeds. If all or any pad of the Property is condemned by eminent domain proceedings or by any proceeding or
<br />purchase in lieu of condemnation, Lender may at in elertion 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 Properly. The net proceeds of the award shall mean the award after payment of all
<br />reasonable costs, expenses, and afierneys' fees incurred by Trustee or Lender in connection with the condemnation.
<br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes,
<br />fees and charges are a pad of this Deed of Trust:
<br />Current Taxes, Fees and Charges. Upon request by Lender, Truster shall execute such documents In addition to this Dead of Trust and
<br />take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Trustor shall reimburse Lender
<br />for all texas, as described below, together with all expenses Incurred in recording, perfecting or continuing this Dead of Trust, including
<br />without limitation all laze, fees, documentary stamps, and other charges for recording or registering this Dead of Trust.
<br />Taxes. The following shall constitute lazes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon all or any
<br />part of the Indebtedness secured by this Dead of Trust; (2) a specific tax on Borrower which Borrower Is authorized or required to deduct
<br />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
<br />Lender or the holder of the Note; and (d) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest
<br />made by Borrower.
<br />Subsequent Tues. If any lax to which this section applies Is enacted subsequent to the date of this Dead of Trust, this event shall have the
<br />same effect as an Event of Default, and Lander may exercise any or all of its available remedies for an Event of Default as provided below
<br />unless Trustor either (1) pays the tax before it becomes delinquent, or (2) conlests the lax as provided above in the Taxes and Liens
<br />section and deposits with Lender cash or a sufficient corporate surely bond or other security satisfactory to Lender.
<br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as 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 fixtures, and Lender
<br />shall have all of the rights of a secured party under the Uniform Commercial? Cod. as amended from time to time.
<br />Security Interest. Upon request by Lender, Truster shall execute financing statements and take whatever other action is requested by
<br />Lender to perfect and continue Landers security interest in the Rents and Personal Property. In addition to recording this Deed of Trust in
<br />the real property records, Lender may, at any time and without further authorization from Trustor, file executed counterparts, copies or
<br />reproductions of this Dead of Trust tie a financing statement. Trustor shall muni ures Lender for all expenses Incurred In perfecting or
<br />continuing this security interest. Upon default, Trustor shall not remove, sever or cabch the Personal Property from the Property. Upon
<br />default, Trustor shall assemble any Personal Property not affixed to the Property In a manner and at a place reasonably convenient to Truster
<br />and Lender end make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by
<br />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 slated on the first page of this
<br />Dead of Trust.
<br />FURTHER ASSURANCES; ATTORNEY -IN -FACT. The following provisions relating to further assurances and aftorney-h -fact are a pad of this
<br />Deed of Trust:
<br />Further Assurances. At any lime, 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, refited, or
<br />reworded, as the case may be, at such times and in such offices and places as Lender may deem 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 />continue, or preserve (1) Borrower's and Trustor's obligations under the Nate, this Dead of Trust, and the Related Documents, and (2)
<br />the liens and security interests created by this Dead of Trust as first and prior hens on the Property, whether now owned or hereafter
<br />acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writing, Trustor shall reimburse Lender for all costs and
<br />expanses incurred in connection with the matters referred to in this paragraph.
<br />AROmey -In -Fact. If Trustor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and to the name of
<br />Trustor and at Trustors expense. For such purposes, Truster hereby irrevocably appoints Lender as Trustor's aftorneytir -fact for the
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