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Loan No: 1609163 DEED OF TRUST (Continued) 200212545 Page 3 EXISTING INDEBTEDNESS, The following provisions concerning Existing Indebtedness are a pad of this Deed of Trust'. Existing Lien. The lien of this Deed of Trust securing the Indebtedness may be secondary and inferior to an existing lien. Truslor expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any default on such indebtedness, any default under the instruments evidencing such indebtedness, or any default under any security documents for such indebtedness, No Modification. Truster shalt nor enter Into any Agreement with the holder of any mortgage, deed of trust, or other security agreement which has priority over this Deed of Trust by which that agreement is modified, amended extended, or renewed without the prior written consent of Lender. Trustor shall hauler request nor accept any future advances under any curb security agreement without the prior written consent of Lender. CONDEMNATION. The following provisions entering to condemnation proceedings are a part of this Deed of Trust. Proceedings. If any proceeding In condemnation is filed Trustor shall promptly ability Lender in writing, and Truslor shall promptly take such steps as may be necessary to defend the action and obtain the award. Trustor may be the nominal parry In such proceeding, but Lender shall be entitled to participate In the proceeding and to be represented in the proceeding by counsel of its own choice, and Trustor will deliver or... to be drarvir ed to Lander on instruments and documentation as may be MgUesled by Lender from time to time to permit such participation. Application of Net Proceeds. If all or any part of the Properly Is condemned by eminent domain proceedings or by any proceeding or 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 ledebtadnaes or the repair or resloMhpa of the Properly. The net proceeds of the award shall mean the award after payment of all reasonable costs, expenses, and attorneys fees Incurred by Trustee or Lender in connection with the coMemnalton. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relaling to governmental taxes, Idea and charges are a part of this Deed of Trust Current Taxes, Fees and Charges. Upon request by Lender, Truslor shall execute such documents In addition to this Deed of Trust and lake whatever other action is requested by Lender to perfect and continue Lenders lien on the Real Property. Tester shall reimburse Lender for all taxes, as described below, together with ell expenses ricased is recording, perfeeling or rumoring this Deed of Towl, morning without limitation all lazes, fees, documentary stamps, and other charges for recording or registering this Deed of Trust. Taxes. The following shall eonstlture lazes Io which this section applies- (1) a specific tax upon this type of Deed Of Trust or upon all or any pad of the Indebtedness secured by this Deed of Trusl', (2) a specific tax on Truslor which Trustor Is authorized or required to deduct from payments on the indebtedness secured by this type of Deed of Trust, (3) a lax on this type of Deed of Trust chargeahle against the Lander or the holder of the Note; and (4) A specific tax on all or any podam of Inn Indebtedness or on payments of principal and interest made by Trustor. Subsequent Taxes. If any fax to which thin ..[fee applies is enacted subsequent to the dale of this Deed of Trust, this even[ shall have the same allwt as an Event of Dcfaull, and Lender may exercise any or all of Its available remedies for an Event of Default as provided below unless Trustor either (1) pays the fax before It becomes dellnquenl, or (2) contests the fax as provided above In the Taxes and Liens section and deposits with Lender cash or A suMcaut corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relaling to this Deed of Trust as a security agreement are a pad of this Deed of Trust Security Agreement. This Instrument shall constitute a Security Agreement to the extent any of the Properly constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Cammernal Code as amended from time to lime. Security interest. Upon request by Lender, Truslor shall execute financing statements and lake whatever other adlon is requested by Lender to perfect and continue Lender's security interest in the Personal Properly. In addition to recording this Deed of Trust in the real property records, Lender may, at any lime and without further au[hodrafien from Truster, file executed counterparts, copies or repmdudirns of this Dead of Trust as a financing sta[emenr. Truslor shall reimburse Lender for all expenses incurred In perfosbag or cocfinwng this security Interest Upon default, Truslor shall not remove, sever or detach the Personal Property from the Properly. Upon default, Trustor shall assemble any Personal Properly nor affixed to the Property In a manner and at a place reasonably convenient to Trustor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law_ Addresaes. The mailing addresses of Toaster(debtor) and Lander (secured party) from which information concerning the security rnlerest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code, are as stated on the fire) page of Res Deed of Trust. FURTHER ASSURANCES; ATTORNEY -IN -FACT. The following pmvismns relating to further assurances and attorney -in -fact are a part of Ihis Deed of Trust: Further Assurances. At any time, and firm Irma to rime, upon request of Lender, Trustor will make, execute and deliver or will cause to be made. executed or delivered, to Lender or to Lenders designee, and when requested by Lender, cause to be filed, recorded tallied or rerecorded, as the case may be, at such times and In such offices and places as Lander may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, ronfnualion statements, instruments of further assumnca, oertiffcates, and other documents as may, a the sole opinion of Lender, be necessary or desirable in order [o effectuate, complete, pooled, continue, or preserve (1) Trusters obligations under the Note, this Deed of Trusl, and the Related Documents, and (2) the liens and security interests created by this Dead of Trust on the Properly, whether now owned or houUmor acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writing, Trustor shall reimburse Lender for all costs and expenses Incurred in connection with the matters referred to in this paragraph. Attorney -wa 1. If Truslor fails to do any of the things referred to in the preceding paragraph, Lander may do so for and in the name of Truslor and at Truslor's expense. For such purposes, Truslor hereby Irrevocably appoints Lander as Trustor's attorney in fad far the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. FULL PERFORMANCE. It Trustor pays all the Indebtedness when due, ono otherwise parent's all are obligations Unposed upon Trustor under this Deed of Trust, Lender shall exemlta and deliver to Trustee a request for full reconvayance and shall emouls and deliver to Trustor 'Unable statements of termination of any financing statement on file evidencing Lender's security mobil In Ibe Rank and are Personal Pmpbiry Any reconvayance fee required by law shall be paid by Truslor. If permitted by applicable law. EVENTS OF DEFAULT. At Lander's option. Trustor will be In default under Ras Dead of trust it any or the touowiny happen. Payment Dcfaull. Trustor fells to make any payment when due under the Indebletlness. Break Other Promises, Truslor breaks any promise made to Lender or rails to perform promplly at the time and stoutly In the manner provided in this Deed of Trust or Ia any agreement related Ip this Dead of Trust Compliance Default, Failure to comply with any other term, obligation, covenant or condition contained In this Deed of Tool, the Note or is any of the Related Documents. If such a failure is curable and if Truslor has not been given a notice of a breach of the same provision of this Deed of Trust within the preceding twelve (12) months, II may be deed (and no Event of Default win have occurred) II Truslor after Lender sands written notice demanding cure of such failure: (a) cures the failure wtlhtn fifteen (15) days: or (b) if the cure requires more than fifteen (15) days, Immediately initiates steps sufficient to cure the failure and thereafter conlinues and completes all reasonable and necessary'Ism, sufficient to produce compliance as soon as reasonably practical. Default on Other Payments. Failure of Truslor within the lime required by this Dead of Trust b make any payrame for livers or insurance or any other payment necessary to prevent filing of or to effect discharge of any lien. Default in Favor of Third Po -Ibs. Should Trustor default under any loan, extension of credit. security agreement, purchase or sales agreement, or any other agreement, In favor of any other creditor or person that may materially Arid any of Truslors properly or Truslor'' ability to repay the Indebtedness or perform their respaclrve obligations under this Deed of Trust or any of the Related Documents. False Statements. Any representation or statement made or furnished to Lender by Trustor or on Trustor 's behalf under this Dead of Trust or the Related Documents Is lake or misleading In any material respect, either now or at the lime made or forormod-