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DEED OF TRUST 200211576
<br />Loan No: 1601632 (Continued) Page 3
<br />execute and deliver this Dead of Trust to Lentler.
<br />Defense of Title. Subject to the exception in the paragraph above, Truslor warrants and will forever defend the title 1p the Property against
<br />the lawful claims of all persons. In the event any action or proceeding Is commenced that questions Truslm's title or the interest of Trustee or
<br />Lender under this Dead of Trusl, Truslor shall defend the action at Tonsure'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 tlelivered, to Lender such Instruments as Lender may request from time to time to permit such
<br />Participation.
<br />Compliance With Laws. Truslor warrants that the Property and Trustrr's use of the Property complies with all existing applicable laws,
<br />ordinances, and regulations of governmental authorities.
<br />Survival of Representations and Warranties. All representations, warranties, and agreements made by Truslor in this Deed of Trust shall
<br />survive the execution and delivery of this Deed of Trust, shall be continuing in nature, and shall remain in lull force and effect until such lima
<br />es Truslor'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, Truster shall promptly notify Lender In writing, and Truslor 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 Lender
<br />shall be entitled to participate in the proceeding and to be represented In the proceeding by counsel of its own choice, antl Tn.Aid, will
<br />deliver or cause to be tlelivered to Lender such Instruments and documentation as may be, re dusted by Lender from time to time to ommil
<br />such parmapalion.
<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 to the
<br />Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all
<br />reasonable coeds, expenses, and attorneys' 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 />lees and charges are a pad 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 and
<br />take whatever other action is requested by Lender to parent and continue Lender's lien on the Real Property. Truslor shall reimburse Lender
<br />for all taxes, as described below, together with all expenses incurred in 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 Deed of Trust.
<br />Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon all or any
<br />pad of the Indebtedness secured by this Dead of Trust; (2) a specific tax on Truslor which Trustor is authorized or required to deduct from
<br />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 Lender
<br />or the holder of the Note; and (4) a specific lax on all or any portion of the Indebtedness or on payments of principal and Interest made by
<br />Truslor.
<br />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
<br />same effect as an Evenl of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below
<br />unless Truslor either (1) pays the tax before it becomes delinquent, or (2) contests the tax 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 Dead 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 Code as amended from time to time
<br />Security Interest. Upon request by Lender, Trustor shall execute financing statements and fake whatever other action Is requested by
<br />Lender to perfect and continue Lender's 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 lurthnr authorization from Truslor, file executed counterparts, copies or
<br />reproductions of this Dead of Trust as a financing statement. Truslor shall reimburse Lender for all expenses incurred In perfecting or
<br />continuing this security inleresl. Upon default, Truslor shall nor remove, sever or detach the Personal Property from the Properly. Upon
<br />default, Trustor shall assemble any Personal Properly not affixed to the Properly In a manner and at a place reasonably convenient to Truslor
<br />and Lender and make II 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 Truslor (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 staled on the first page of this
<br />Dead of Trust.
<br />FURTHER ASSURANCES; ATTORNEY -IN -FACT. The following provisions relating to further assurances and attorney -in -fact are a part of this
<br />Deed of Trust:
<br />Further Assorences. At any time, and from lime 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 offer, or
<br />rerecorded, 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 />cedtHcates, and other documents as may, in the sole opinion of Lentler be necessary or desirable in order to effectuate, complete, parent,
<br />continue, or preserve (1) Trucker's obligations under the Note, this Deed of Trust, and the Related Documents, and (2) the liens and
<br />security interests created by this Deed of Trust as first and prior (tens on the Property, whether now owned or hereafter acquired by Truslor.
<br />Unless prohibited by law or Lender agrees to the contrary In writing, Truslor shall reimburse Lender for all costs and expenses Incurred in
<br />connection with the matters referred to in this paragraph.
<br />Atfomey -in -Fact. If Trustor fails to do any of the things referred to In the preceding paragraph, Lender may do so for and In the name of
<br />Trustor and at Trustee's expense. For such purposes, Truslor hereby irrevocably appoints Lender as Truslor's att aney-in -fact for the
<br />purpose of making, executing, 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. If Trustor pays all the Indebtedness, including without limitation all future advances, when due, and otherwise performs
<br />all the obligations imposed upon Truslor under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and
<br />shall execute and deliver to Truslor suitable statements of termination of any financing statement on file evidencing Lender's security inleresl in the
<br />Rents and the Personal Property. Any reconveyance fee required by law shall be paid by Trustor, if permitted by applicable law.
<br />EVENTS OF DEFAULT. Each of the loltowmg, at Lenders option, shall constitute an Event of Default under this Deed of Trust:
<br />Payment Default. Truster fails to make any payment when due under the Indebletlness.
<br />Other Defaults. Truslor falls to comply with or to perform any other term, obligation, covenant or condition contained in This Deed of Trust or
<br />in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other
<br />agreement between Lender and Truslor.
<br />Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note or in
<br />any of the Related Documents. It such a failure is curable and if Truslor has net been given a notice of a breach of the same provision of this
<br />Dead of Trust within the preceding Twelve (12) months, it may be cured (and mo Event of Default will have occurred) it Trustor, after Lender
<br />sends written notice demanding cure of such failure: (a) cures the failure within fifteen (15) days; or dd If the cure requires more than fifteen
<br />(15) days, immediately initiates steps sufficient to cure the failure and thereafter continues and completes all reasonable and necessary steps
<br />sufficient to produce compliance as soon as reasonably practical. , I � i
<br />Default on Other Payments. Failure of Trustor within the lime required by this Deed of Trust to make any payment for taxes or insurance, or
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