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DEED OF TRUST 200213120
<br />Loan No: 1617620 (Continued) Page 2
<br />in effect, of all governmental authorities applicable to the use or occupancy of the Property. Truslor may contest in good faith any such law,
<br />ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Truster has notified
<br />Lender in writing prior to doing so and s i long as, In Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender
<br />may require Tractor to post adequate security or a surely bond, reasonably satisfactory to Lentler, to protect Lender's interest.
<br />Duty to Protect. Trustor agrees neither to abandon or leave unattended the Property. Truster shall do all other acts, in addition to those
<br />acts set forth above in this section, which from the character and use of the Properly are reasonably necessary to protect and preserve the
<br />Property.
<br />TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust
<br />Payment. Toaster shall pay when due (and in all events prior to delinquency) all taxes, special lazes, assessments, charges (uprising water
<br />and sewer), fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done on or for
<br />services rendered or material furnished to the Property. Truster shall maintain the Properly free of all liens having affably over or equal to the
<br />interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due and except as otherwise provided in this
<br />Dead of Trust.
<br />Right to Contest. Luster may withhold payment of any tax, assessment, or claim In connection with a good faith dfsp ute over the obligation
<br />to pay, so long as Lender's interest in the Properly is not jeopardized. If a lien arises or is filed as a result of nonpayment, Truslor shall within
<br />fifteen (15) days after the lien arises or, if a Ifen is filed, within fifteen (15) days after Trustor has notice of the filing, secure the discharge of the
<br />lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an
<br />amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a result of a foreclosure or
<br />sale under the lien I any contest, Trustor shall defend itself antl Lender and shall satisfy any adverse Iudg meet before enforcement againsl
<br />the Property. Truster shall name Lender as an additional obligee under any surety bond furnished In Ithe contest proceedings.
<br />Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of paymenl of the taxes or assessments and shall
<br />aulhobze the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the
<br />Property.
<br />Notice of Construction. Trustor shall nollfy Lender at least fifteen (15) days before any work Is commenced, any services are furnished, or
<br />any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work,
<br />services, or materials. Trustor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Trustor can and
<br />will pay the cost of such improvements.
<br />PROPERTY DAMAGE INSURANCE. The following provisions relating to Insuring the Properly are a part of this Deed of Trust.
<br />Maintenance of lesafanee. Theater shall procure and maintain policies of fire insurance with standard extended coverage endorsements on
<br />a fair value basis for the full insurable value covering all Improvements on the Real Properly in an amount sufficient to avoid application of
<br />any coinsurance clause, and with a standard mortgagee clause in favor of Lender, together with such other hazard and liability insurance as
<br />Lender may reasonably requTe. Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued
<br />by a company or companies reasonably acceptable to Lender Trustor, upon request of Lender, will deliver to Lender from time to time the
<br />policies or certificates of Insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished
<br />without at least thirty (30) days prior written notice to Lender. Each insurance policy also shall include an endorsement providing that
<br />coverage in favor of Lender will not be impaired in any way by any act, omission or default of Trustor or any other person. Should the Real
<br />Property be located in an area designated by the Director of the Federal Emergency Management Agency as a specal flood hazard area,
<br />Trustor agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is given by Lender that the Property is
<br />located in a special flood hazard area, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan,
<br />up to the maximum policy limits set under the National Flood Insurance Program, or as olherense required by Lender, and to maintain such
<br />insurance for the term of the loan.
<br />Application of Proceeds. Trustor shall promptly notify Lender of any loss or damage to the Properly. Lender may make proof of loss If
<br />Truslor fails to do so within fifteen (15) days of the casualty. Whether or not Lenders security Is impaired Lender may, at Lender's election,
<br />receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting
<br />the Property, or the restoration and repair of the Properly. It Lender elects to apply the proceeds to restoration and repair, Trustor shall
<br />repair or replace the damaged or destroyed Improvements In a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such
<br />expenditure, pay or reimburse Trader Tom the proceeds for the reasonable cost of repair or restoration If Trustor is not in default under this
<br />Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to Ina
<br />repair or restoration of the Property shall be used first to pay any amount owing to Lender under Ihis Deed of Trust, then to pay accrued
<br />Interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment
<br />in full of the Indebtedness, such proceeds shall be paid to Truslor as Truslor's Interests may appear.
<br />LENDER'S EXPENDITURES. If Treater fells (A) to keep the Property free of all taxes, liens, security Interests, encumbrances, and offer er claims,
<br />(B) to provide any required insurance on the Properly, or (C) to make repairs to the Property then Lender may do so- It any action or
<br />proceeding Is commenced that would materially affect Lender's Interests in the Property, [hen Lender on Trustor's behalf may, but is not requiretl
<br />to, lake any action that Lender believes to be appropriate to protect Lender's interests. All expenses incurred or paid by Lender for such
<br />purposes will then bear Interest at the role charged under the Note from the dale incurred or paid by Lender to the date of repayment by Trustor.
<br />All such expenses will become a pad of the Indebtedness and, at Lender's coupon, will (A) be payable on demand IB) be added to the balance
<br />of the Note and be apportioned among and be payable with any mosllment payments to become due during either (1) the term of any
<br />applicable Insurance policy; or (2) the remaining term cribs Note; or (C) be treated as a balloon payment which will be due and payable al the
<br />Note's maturity. The Deed 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 Lender from any remedy that it otherwise world have had.
<br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a pad of this Deed of Trust:
<br />Title. Truster warrants that (a) Truslor holds good and marketable title of record to the Property In fee 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 Lender.
<br />Defense of Title. Subject to the exception in the paragraph above, Fusion 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 Trustor s Mlle or the interest of Trustee or
<br />Lender under this Dead of Trust, Toaster shall defend the action at Truslor's expense. Truster may be the nominal party in such proceeding,
<br />but Lender shall be entitled to participate in the proceebpng and to be represented in lire proceeding: by counsel of Lender's own choice, and
<br />Truster 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. Trader warrants that the Properly and Trustor's use of the Property compiles with all exlsllng applicable laws,
<br />ordinances, and regulations of governmental supp®r es.
<br />Survival of Promises. All promises, agreements, and statements Trustor has made In this Deed of Trust shall survive the exe"Imn and
<br />delivery of this Dead of Trust, shall be continuing in nature and shall remain in full force and effect unttl such time as Truslor's Indebtedness
<br />,s paid in felt.
<br />CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Tr not
<br />Proceedings. It any proceeding in condemnation is filed, Trustor shall premplly notify Lender in wilting, and Truster shall promptly lake such
<br />slops as may be necessary to defend the action and obtain the award. Truslor 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, and Trustor will
<br />deliver or Cause to be delivered to Lender Such instruments and documentation as may be requested by Lender from lime 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, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the
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